Attachment 1: Authorizations

Attachment 1
Drug-Free Communities Authorizing and
Re-Authorizing Legislation & STOP Act Legislation

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DFC
Authorization
And
Re-authorizing Legislation

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THE
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DRUG-FREE
COMMUNITIES ACT
OF. 1997

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On June 27. 1997, President Clinton signed into law The Drug-Free
Communities Act of 1997. This act will ser'e as a catalyst for
increased citizen participation in our efforts to reduce substance use
among our youth and provide community antidrug coalitions with
much needed funds to carry out their important missions.

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Here are some the highlights of the Act:
Requires grants to be made to coalitions of representatives of youth,'
parents, businesses, the media, schools, youth organizations, law
enforcement, religious or fraternal organizations, civic groups, health
care professionals, State, local, or tribal governmental agencies, and
other organizations.
Requires the Director of the Office of National Drug Control Policy,
in canying out the Program, to: (1) make and track grants to grant
recipients; (2) provide for technical assistance and training, data collection and dissemination of information on state-of-the-art practices
that the Director determines to be effective in reducing substance
abuse; and (3) provide for the general administration of the Program.
Authorizes appropriations for FY 1998 through 2002.
Sets forth specified criteria a coalition shall meet to be eligible to
receive an initial or a renewal grant. Prescribes limitations concerning: (1) grant amounts; (2) coalition awards; and (3) rural coalition
grants.

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Requires the minimization of reporting requirements by grant recipients. The ease of the application and reporting requirements will be a
key feature of this program.
Establishes the Advisory Commission on Drig-Free Communities to
advise, consult with, and make recommendations to the Director
concerning activities carried out under the Program. Sets forth the
duties of the Advisory Commission.

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Visit our Website at www.whitehou.sedrugpolicygov

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111 STAT. 224

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1997
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June 27, 1991
(Hit 955J

sive, long-term commitment to reduce substanee abuse among youth, and foz

of

&nate

other purposes.

Drug-Free

Be it enacted by the
and House
Representatives
the United States ofAmerica in Congress assembled,

of 1997.

SECTION 1. SHORT

Communities Act

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To amend the National Narcotics Leadership Act of 1988 to establish a program
to support and encourage 'ocal communities that first demonstrate a compreben-

21 USC 1501

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This Act

of 1997".

may

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be cited

as

the "Drug-Free

Communities
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Act

SEC. 2. NATIONAL DRUG CONTROL PROGRAM.

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(a) IN Grt.-The National IIarcotics. Leadership Act of
1988 (21 U.S.C. 1501 et seq.) is amended(1) by inserting between sections 1001 and 1002 the
following;
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"CRAPTER 1-OFFICE OF NATIONAL DRUG CONTROL
POLICY";

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(2) by adding at the end the following;
"CHAPTER 2-DRUG-FREE COMMUNITIES-

21 USC 1521.

"SEC. 1021. FINDINGS.

"Congress finds the following;
"(1) Substance abuse among youth has more than doubled
in the s-year period preceding 1996, with substantial increases
in the use of marijuana, inhalants, cocaine, methamphetaxnine,

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LSD, and heroin.

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"(2) The most dramatic increases in substance abuse has
occurred among 13- and 14-year-dds.
"(3) Casual or periodic substance abuse by youth today
will contribute to hard core or chronic substance abuse by

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the next generation of adults.
"(4) Substance abuse is at the core of other problems,

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such as rising violent teenage and violent gang crime, increas-

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ing health care coats, HIV infections, teenage pregnancy, high
school drpouts, and lower economic productivity.
"(5 ) Increases in su bstance abuse among youth are due

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in large part to an erosion of understanding by youth of the
high risks associated with substance abuse, and to the softening
of peer norms against use.

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PUBLIC

LAW 105-20-JUNE- 27, 1997

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111 STAT. 225

"(6XA) Substance abuse is a preventable behavior and a
treatable disease; and
"(BXi) during the 13-year period beginning with 1979,
monthly use of illegal drugs among youth 12 to 17 years of
age declined by over 70 percent; and
"(U) data suggests that if parents would simply talk to
their children regularly about the dangers of substance abuse,
use among youth could be expected to decline by as much
as 30 percent.
"(7) Community anti-drug coalitions throughout the United
States are successfully developing and implementing comprehensive, long-term strategies to reduce substance abuse
among youth on a sustained basis.
"(8) rnteovenental cooperation and coordination
through national, State, and local or tribal leadership and
partnerships are critical to facilitate the reduction of substance
abuse among youth in communities throughout the United
States.
s

)22. PURPOSES.
,,he purposes of this chapter are-

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21 USC 1522.

"(1) to reduce substance abuse among youth in communities
throughout the United States, and over time, to reduce substance abuse among adults;
"(2) to strengthen collaboration among communities, the
-Federal Government, and State, local, and tribal governmenth•
"(3) to enhance intergovernmental cooperation anc(
coordination on the issue of substance abuse among youth;
"(4) to serve as a catalyst for increased citizen partidpation
and greater collaboration among all sectors and organizations
of a community that JIrst demonstrates a long-term commitxnentto reducing substance abuse among youth;
• "(5) to rechannel resoUrces from the fiscal year 1998
Federal drug control budget to provide technical assistance,
guidance, and financial support to communities that demonstrate a long-term commitment in reducing substance abuse
nniong youth;
"(6) to disseminate to communities timely- information
regarding the state-of-the-art practices and initiatives that have
proven to be effective in reducing substance abuse among youth;
"(7) to enhance, not supplant, local community initiatives
reducing substance abuse among youth; and
"(8) to encourage the creation of and support for community
anti-drug coalitions throughout the United States.
EC. 1023. DEFIRrrIONS.

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21 USC 1523.

"In this chapter-i

"(1) Am as'ra&roa.-The term 'Administrator' means the
.thninistrator appointed by the Director under section 103 1(c).
"(2) ADVISORY COMMISSION.-The term 'Advisory Comxnismeans the Advisory Commission established under section
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j'4(3) CowNrkY.-The term 'community'- shall have
the
..4ning provided that term by the Administrator, in consultation with the Advisory Commission.
"(4) Dmzc'roL-The term ¶Director' means the Director
of the Office of National Drug Control Policy.

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111 STAT. 226

"(5) ELIGIBLE COALJTION.-The term . 'eligible coalition'
means a coalition that meets the applicable criteria under
section 1082(a).

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"(6) GiuNr RECIPIENT.-The term rant recipient' means
the recipient of a grant award under section 1082.

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"(7) NoNPRorr OROMGZATION.-The - terxn.Ingnproflt
ihtiOhe ilefliider section
organizati6ii meais an- o
'501(cX3) of the Internal Revenue Code of 1986 that is exempt
from taxation under section 501(a) of the1nterna1:evenue
Code of 1986
"(8) PROGRAM.-ThO term 'Program' means the program
established under section 1081(a).
"(9) SUBSTANCE ABUSE.-The term 'substance abuse'
means"(A) the illegal use or abuse of drugs, including substances listed in schedules I through V of section 112
of the Controlled Substances Act (21 U.S.C. 812);

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PUBLIC LW_12JJNE-2?-i997

"(B) the abuse of inhalants; or

"(C) the use of alcohol, 'tobacco, or other related product
as such use is prohibited by State or local law.
"(10) Youm.-The term 'youth' shall have the meaning
provided that term by the Administrator, in consultation with
the Advisory Commission.
21 USC 1524.
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"SEC. 1024. AUTHORIZATION OF APPROPRIATIONS.

"(a) IN Ga.4s.-There are authorized to be appropriated
to the Office of National Drug Control Policy to carry out this
chapter"(1) $10,000,000 for fiscal year 1908;
"(2) $20,000,000 for fiscal year 1999;
"(3) $30,000,000 for fiscal year 2000;
"(4) $40,000,000 for fiscal year 2001; and
"(5) $43,500,000 for fiscal year 2002.
"(b) AMINISTRXFIVE Cosrs.-Not more than the following
percentages of the amounts authorized under subsection (a) may
be used to pay administrative costs:

"(1)10 percent for fiscal year 1998.
"(2)6 percent for fiscal year 1999.
"(3)4 percent for fiscal year 2000.
"(4)3 percent for fiscal year 2001.
"(5)3 percent for fiscal year 2002.

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"Subchapter I-Drug-Free Communities Support Program
21 USC 1531. -.

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"SEC. 103L ESTABLISHMENT OF DRUG-FREE COMMUNiTIES SUPPORT
PROGRAM.

"(a) ESrABusffINr.-The Director shall establish a program
to support communities in the development and implementation
of comprehensive, long-term plans and programs to prevent and
treat substance abuse among youth.
"(b) PROGRAM.-In carrying out the Program, the Director
shall"(1) make and track grants to grant recipients;
"(2) provide for technical assistance and training, data
collection, and dissemination of information on state.of-theart practices that the Director determines to be effective in
reducing substance abuse; and

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PUBLIC LAW 105-20--JUNE 27, 1997

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111 STAT. 227

4(3) provide for the general administration of the Program.
"(c) ADMINIsraT1ON.-Not later than 30 days after receiving
recommendations from the Advisory Commission under section
1042(aXl), the Director shall appoint an Administrator to carry
out the Program.
"(d) CONTRACTING.-The Director may employ any necessary
staff and may enter into contracts or agreements with national
drug control agencies, inciuding interagency agreements to delegate
authority for the execution of grants and for such other activities
necessary to carry out this chapter.

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"SEC 1032. pROGa#,MAUrH0RIZATI0N.

21 USC 1532.

"(a) Grwr ELIGIBILZTY.-To be eligible to receive an initialgrant or a renewal grant under this subchapter, a coalition shall
meet each of the following criteria:
"(1) M'PUCATION.-The coalition shall submit an application to the Administrator in accordance with section 1033(aX2).
"(2) MAJOR SECTOR INVOLVEMENT.-

"(A) IN GENitAL.-The coalition shall consist of I or
more representatives of each of the following, categories:
"(i)Youth.
"(ii) Parents.
"(lii) Businesses.
"(IV) The media.
"(v) Schools.
"(vi) Organizations serving youth.
"(vii) Law enforcement.
"(viii) Religious or fraternal, organizations.
"(ix) Civic and volunteer groups.
"(x) Health care professionals.

"(xi) State, local, or tribal governmental agencies

with expertise in the field of substance abuse (including, if applicable, the State authority with primary
authority for substance abuse).
"(xii) Other organizations involved in reducing
substonce abuse.
"(B) ELECTED 0FFICIALS.-If feasible, in addition to
representatives from the categories listed in subparagraph
(A), the coalition shall have an elected official (or a representative of an elected official) from"(I) the Federal Government and

"(ii) the government of the appropriate State and
political subdivision thereof or the governing body or
an Indian tribe (as that term is defined in section
4(e) of the Indian Self4)etermination Act (25 U.S.C.
4&)b(e))).
"(C) REPBESENTATION-An individual who is a member
of the coalition may serve on the coalition as a representative of not more than I category listed under subparagraph

"(3) CoMMn,&g.-The coalition shall demonstrate, to the
satisfaction of the Administrator"(A) that the representatives of the coalition have
worked together on substance abuse reduction initiatives,
which, at a minimum, Includes initiatives that target drugs referenced in section 1023(SXA), for a periodf not less

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than 6 month, acting through entities such as task forces,
subcommittees, or community boards; and
"(B) 8ubstantial participation from volunteer leaders
in the community involved (especially in cooperation with
individuals involved with youth such as parents, teachers,
andmemberaoftheclergy)_-:--.
A
sTdEs.--Thècàiliti6n shall, with
respect to the community involved"(A)- .-havan its principal-. missiou the reduction of
substance abuse, which, at a mininaurn, includes the use
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and abuse of drugs referenced in section 1023(9XA), in
a comprehensive and long-term manner, with a primary
focus on youth in the community;
"(B) describe and document the nature and extent of
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the substance abuse problem, which, at a niinimuni,
includes the use and abuse of drugs referenced in section
1023(9XA), in the community;
"(CXi) provide a description of substance abuse prevention and treatment programs and activities, which, at a
minimum, includes programs and activities relating to the
use and abuse of drugs referenced in section 1023(9XA),
in existence at the time of the grant application; and
"(ii) identify substance abuse programs and service
gaps, which, at a minimum, include.s programs and gap3
relating to the use and abuse of drugs referenced in section
1023(9XA), in the community;
"(D) develop a strategic plan to reduce substance abuse
among youth, which, at a minimum, includes the use and
abuse of drugs referenced in section 1023(9XA), in a comprehensive and long-term fashion; and
"(E) work to develop a consensus regarding the priorities of the community to combat substance abuse among
youth, which, at a minimum, includes the use and abuse
of drugs referenced in section 1023(9XA).
"(5) Sus mAnun'y.-The coalition shall demonstrate that
the coalition is an ongoing concern by demonstrating that the
coalition"(A) is"(iXI) a nonprofit organization; or
"(II) an entity that the Administrator determines
to be appropriate; or
"(ii) part of, or is associated with, an established
legal entity;
"(B) receives financial support (including, in the
discretion of the Administrator, in-kind contributions) front
non-Federal sources; and
"(C) has a strategy to solicit substantial financial
support from non-Federal sources to ensure that the coalition and the programs operated by the coalition are selfsustaining.
"(6) ACCOTJNTABLUTY.-The coalition shall-

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"(A) establish a system to measure and report
outcomes"(1) consistent with common indicators and evalua-

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tion protocols established by the Administrator, and
"(ii) approved by the Administrator
"(B) conduct-

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PUBLIC LAW 105-20--JUNE 27. 1997

111 STAT. 229

"(i) for an initial grant under this siThchapter, an
initial benchmark survey of drug use among youth
(or use local surveys or performance measures available or accessible in the community at the time of
the grant application); and
"(ii) biennial. surveys (or incorporate local surveys
in existence at the time of the evaluation) to measure
the progress and effectiveness of the coalition; and
"(C) provide assurances that the entity conducting an
evaluation under this paragraph, or from which the coalition receives information, has experience"(i) in gathering data related to substance abuse
among youth; or
"(ii) in evaluating the effectiveress of community
anti-drug coalitions.
"(b) GRANT AMOUNTS."(1) IN GENERAL."(A) Gam.-

"(i) IN GENERAL.-Subject to clause (iv), for a fiscal
year, the Administrator may grant to an eligible coalition under this paragraph, an amount not to exceed
the amount of non-Federal funds raised by the coalition, including in-kind contributions, for that fiscal
year.
"(ii) SUsPENsION OF GRANTS.-If such grant recipient fails to continue to meet the criteria specified in
subsection (a), the Adiwirilatrator may suspend the
grant, after providing written notice to the grant recipient and an opportunity to appeal.
"(iii) RENEWAL GRANTS.-Subject to clause (iv), the
Administrator may award a renewal grant to a grant
recipient under this subparagraph for each fiscal year
following the fiscal year for which an initial grant
is awarded, in an aiount not to exceed the amount
of non-Federal funds raised by the coalition, including
in-kind contributions, for that fiscal year, during the
4-year period following the period of the initial grant
"(iv) LIMrrATION.-The amount of a grant award
under this subparagraph may not exceed $100,000 for
a fiscal year.

"(B) CoAlrnoN AWARDS.-

"(i) IN GENERAL-Except as provided in clause
(ii), the Aamini.ctrator may with respect to a cornmunity, make a pnt to 1 eligible coalition that represents
that community.
"(ii) EXCEPTION.-The Administrator may make a
grant to more than 1 eligible coalition that represents
a community if"(I) the eligible coalItions demonstrate that the
coalitions are collaborating with one another and
"(ri) each of the coalitions has independently
met the requirements set forth in subsection (a).
"(2) RURAL COALITION GRANTS."(A) IN GENERAL."(i) IN GENERAL-In addition to awarding grants
under paragraph (1), to stimulate the development of
coalitions in sparsely populated and rural areas, the

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PUBLIC-LAW405-.20JUNE 27, 1997
Administrator, in consultation with the Adviso
Commission, may award a grant in accordance wi
this section to a coalition that represents a coon
with a population that does not exceed 30,000 mdlvi ua1s;aardJnggt under this. parap the
Aiteintstrator may- waveany-requirelnent under sub
section (a) if the Administrator considers that waiver
to be appzopIit
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anQuEMENT.-Stibject
to
MATCHING
"(ii)
subparagraph (C) for a fiscal year, the Administratçr
may grant to an eligible coalition under this paragraph,
an amount not to exceed the amount of non-Federal
funds raised by the coalition, including In-kind contributions, for that fiscal year.
"(ifi). SUSPENSiON OF GEANTS.-Jf such grant recipient fails to continue to meet any criteria specified
in subsection (a) that baa not been waived by the
MminiRtrator pursuant to clause (i), the Administrator
may suspend the grant after providing written notice
to the grant recipient, and an opportunity to appeal.
'1(B) RENEWAL GRAN.-The Administrator may award
a renewal grant to an eligible coalition that is a grant
recipient under this paragraph for each fiscal year following
the fiscal yearfor. which an initial grant is awarded, in
an amount not to exceed the amount of non-Federal funds
raised by the coalition, including in-kind contributions, during the4-year period following the period of the initial
grant.
"(C) LIMITATIONS."(1) AMOUNT.-The amount of a grant award under
this paragraph shall not exceed $100,000 for a fiscal
year.
"(ii) AWARDS.-With respect to a county referred
to in subparagraph (A), the Mnthiistrator may award
a grant under this section to not more than 1 eligible
coalition that represents the county.

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21 USC 1533

"SEC. 1033. INFORMATION COLLECTION AND DISSEMINATION wiTh
RESPECT TO GRANT RECIPIENTS.
"(1) CoALrrIoI( INFORMATION.-

"(1) GEima.L AtJD1TING Au'rHORnY.-For the purpose of
audit and examination, the Administrator"(A) shall have access to any books, documents, papers,
and records that are pertinent to any grant or grant
renewal request under this cbapter and
"(B) may periodically request information from a grant
recipient to ensure that the grant recipient meets the
applicable criteria under section 1032(a).
"(2) APPLICATION PROCESS.-The Administrator shall issue
a request for proposal regarding, with respect to the grants
awarded under section 1032, the application process, grant
renewal, and suspension or withholding of renewal grants. Each
- application under this paragraph shall be in writing and shalt
be subject to review by the Administrator.
"(3) R ORTING.-The Administrator shall, to the maximum
extent practicable and in a manner consistent with applicable
law, minim,e reporting requirements by a grant recipient and

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PUBLIC LAW 105-20-3IJNE 27, 1997

in STAT. 231

expedite any application for a renewal grant made under this
subchapter.
"(b) DATA COLLECTION m DISSEMINATION."(1) IN GENERAL-The Administrator may collect data
from"(A) national substance abuse organizations that work
with eligible coalitions, community anti-drug coalitions,
departments or agencies of the Federal Government, or
State or local governments and the governing bodies of
Indian tribes; and
"(B) any other entity or organization that carries out
activities that relate to the purposes of the Program.
"(2) ACTIVITIES OF ADMINISTRATOR-The Administrator
may"(A) evaluate the utility of specific initiatives relating to the purposes of the Program;
"(B) conduct an evaluation of the Program; and
"(C) disseminite information described in this subsection to"(i) eligible coalitions and other substance abuse
organizations; and
"(ii) the general public.
"SEC. 1O4. TECHNICAL ASSISTANCE AND TRAINING.
"(a) IN GENERAL."(1) TECHNICAL ASSISTANCE AND AGREEMENTS.---With
respect to any grant recipient or other organization, the
Mrninistrator may-

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21 usc iss4.

"(A) offer technical assistance and training; and
"(B) enter into contracts and cooperative agreements.
"(2) COORDINATION OF PROGRAMS.-The Administrator may
facilitate the coordination of programs between a grant recipient and other organizations and entities.

"(b) TRAINING.-The Adniinistrator may provide training to any
representative desigaated by a grant recipient in"(1) coalition building
"(2) task force development;
"(3) mediation and facilitation, direct service, assessment
and evaluation; or
"(4) any other activity related to the purposes of the

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"Subchapter U-Advisory Corn nwsaon
"SEC. 104L EsrABTirMRMT OF ADVISORY COMMISSION.

21 USC 1ML

"(a) EstBusnNT.-There is established a commission to
be known as the 'Advisory Commission on Drug-Free Communities'.
"(b) PUEPOSE.-The Advisory Commission shall advise, consult
with, and make recommendations to the Director concerning
matters related to the activities carried out under the Program.
"SEC. 1042. Dt?fIES.
"(a) IN GENERAL.-The Advisory Commission"(I) shall, not later than 30 days after its first meeting,
make recommendations to the Director regarding the selection
ofanAdnun1strato

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21 USC 1542.

STAT. 232

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"(2) may make recomméniinUölWt1lie Director regarding
any grant, contract, or cooperative agreement made by the
Program;
"(3) may make recommendations to the Director regarding
the activities of the Program;

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"(A) collect, by correspo4cr by personal investiga
tion, information concerning initiatives, studies, services
programs, or other activities of coalitions or organizationf
working in the field of substance abuse in the Unite3
States or any other country; and
"(B) with the approval of the Director make tlu
information reterred to in subparap (A) availabl
through appropriate publications or other methods for tb4
benefit of eligible coalitions and the general public; ani
"(6) may appoint subcommittees and convene workshop
and conferences.

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Noti&ation.

"(b) REC0MMEN'DATIoNS.-If the Director rejects any rec
onunendation of the Advisory Commission under subsection (aXi
the Director shall notify the Advisory Commission in writing C

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"SEC. 1043. MEMBEESKIP.

Prtsident.

"(a) Ii G ER.-The President shall appoint 11 membe
to the Advisory Commission as follows:
"(1) four members shall be appointed from the genen
public and shall include leaders"(A) in fields of youth development, public policy, la
or business; or
"(B) of nonprofit organizations or private foundatio
that fund substance abuse programs.
"(2) four members shall be appointed from the leadia
representatives of national substance abuse reduction organiz
tions, of which no fewer than three members shall have exte
sive training or experience in drug prevention.
"(3) three members shall be appointed from the leadi
representatives of State substance abuse reduction organil
tions.

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"(b) CHAIBPERSON-The Advisory Commission shall elect
chairperson or co-chairpersons from among it8 members.

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the reasons for the rejection not later than 15 days after receivin
the recommendation.
"(c) Coucr op IirrEsr.-A member of the Advisor
Commission shall recuse himself or herself from any decision tlu
would constitute a conflict of interest.

21 USC 1543.

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"(4) may make recommenIationa to the Director regarding
any policy orcri aestab1ishedJythaDjreçtor t carry 0ut
the Program;

"(5)may-

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PUBLIC LAW 105-20--JUNE 27, 1997

"(c) Ex OFFicio MEM13EES.-The: ex officio membership oft
Advisory Commission shall consist of any two officers or employc
of the United States that the Director determines to be nece-ss
for the Advisory Commission to effectively carry out its functioi
"SEC. 1044. COMPENSATION.

"(a) IN GENsnu..--Members of the Advisory Commission v
are officers or employees of the United States shall not rece
any additional compensation for service on the Advisory Comir
sion. The remaining members of the Advisory Commission a
receive, for each day (including travel time) that they are enga

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111 STAT. 233

the performance of the functions of the Advisory Commission,
mpensation at rates not to exceed the daily equivalent to the
anal rate of basic pay payable for grade GS-lO of the General
iledule.
"(b) TRAVEL EXPENSES.-Each member of the Advisory Coinznism shall receive travel expenses, including per diem in lieu of
,bsistence, in accordance with sections 5702 and 5703 of title
United States Code.
SC. 104&TERMS OF OFFICE.
"(a) IN GENEft-Subject to subsection (b), the term of office

21 USC 1545.

a member of the Advisory Commission shall be 3 years, except
at, as designated at the time of appointment"(1) of the initial members appointed under section
104,3(aXl), two shall be appointed for a term of 2 years;
"(2) of the initial members appointed under section
1043(aX2), two shall be appointed for a term of 2 years; and
"(3) of the initial members appointed under section
l')43(aX3), one shall be appointed for a term of 1 year.
VACANCIES.-Any member appointed to fill a vacancy for
pired term of a member shall serve for the remainder
t. 'uiexpired term. A member of the Advisory Commission
y rve after the expiration of such member's term until a
ceessor has been appointed and taken office.

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(a) IN G1t-After its initial meeting, the Advisory

21 USC 1546.

1047. STAFF.
"The Administrator shall make available to the Advisory

21 USC 1547.

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mrnission shall meet, with the advanced approval of the Adminisitor at the call of the Chairperson (or Co-chairpersons) of the
Msory Commission Or a majority of its members or upon the
uest of the Director or Administrator of the Program.
"(b) QU0BuM.-Six members of the Mvinory Commission shall
•stitnte a quorum.

mmission adequate staff information, and other assistance.

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"Ilie Advisoiy Commission shall terniltiate at the end of fiacI

Act of 1988 (as so designated by thissection).
Approved June 21, 1991.
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*

.

LEGISWIflVE mSTORT-H.R. 966 (& 536):
HOUSE REPORTS: No. 106-105, Pt. 1 (Conno. on Go'emment Reform and
olght).
CONGRESSIONAL RECORD. VoL 143 (1997)

w&t

oMpu1oN ov

mm

June 27, Preoldentisi rarkL

0

DOCWS, Vol.33 (1997k

AT TEE FIRST SESSION
Begun and keU at the Ci*y of Washington on Wednasday,
the third dny ofJanuary, two thousand and one

To extend the authorization of the DngFree Communities Suppt Program for
an additional 5 years, to authorize a National Community AntIdrug Coalition
Institute, and for other purposes.

Be it enacted by the Senate and House of Representatiuea of
the United States ofAmerica in Congress assembled,

•SECTION 1. FIVB-YEAIt

TFENSION OP DRUG1tEE
PORT ROGRAM

•

COMMUNITIES SUP-

(a) Fnmn'Tos.-Congress makes the following findings:
(1) In the next 15 years, the youth population in the United
States will grow by 21 percent, adding 6,5(10,000 youth to
the population of the United States. Even if drug use rates
remain constant, there will be a huge surge in drug-related
problems, such as academic failure, drug-related violence, and
DIV incidence, simply due to this population increase.
(2) According to the 1994-1996 National Household Survey,
60 percent of students age 12 to 17 who frequently cut classes
and. who reported delinquent behavior in the past 6 months
used marijuana 52 days or more in the previous year.
(3) The 2000 Washington Kids Count survey conducted
by the University of Washington reported that students whose
peers have little or no involvement with drinking and drugs
have higher math and reading scores than students whose
peers had low level drinking or drug use.
(4) Substance abuse prevention works. In 1999, only 10 c
percent of teens saw marijuana users as popular, compared
to 17 percent in 1998 and 19 percent in 1997. The rate of
past-month use of any drug among 12-to 17-year-olds. declined
26 percent between 1997. and 1999. Marijuana ue for sixth
through eighth raders is at the lowest point in 5 years, as
is use of cocaine, uihalants, and hailucinogens.
(5) Community Anti-Drug Coalitions throughout the United
States are successfully developing and implementing comprehensive, long-term strategies to reduce substance abuse
among youth on a sustained basis. For example:
(A) The Boston Coalition brought college and university
presidents together to create the. Cooperative Agreement
on Underage Drinking. This agreement represents the first
coordinated effort of Boston's many institutions of higher
education to address issues such as binge drinking, underage drinking, and changing the norms surrounding alcohol
abuse that exist on college and university campuses.
(B) In 2000, the Coalition for a Drug-Free Greater
Cincinnati surveyed more than 47,000 local students in

*

.- -

H. H. 2291-2
grades 7 through 12. The results provided evidence that
the Coalition's initiatives axe working. For the first time
in a decade, teen drug use in Greater Cincinnati appears
to be. leveling off. The data collected from the survey has
served as a tool to strengthen relatioxshlps between schools
and communities, as well as facilitate the growth of antidrug coalitions in comxntmities where such coalitions had
not existed.
(C) The Miami Coalition used a three-part strategy
to decrease the percentage of high school seniors who
reported using marijuana at least once during the most
recent 30-day period. The development of a media strategy,
the creation of a network of prevention agencies, and
discussions with high school students about the dangers
of marijuana all contributed to a decrease in the percentage
of seniors who reported using marijuana from over 22
percent in 1995 to 9 percent in 1997. The Miami Coalition
was ahle to achieve these results while national rates of
marijuana use were increasing.
(D) The Nashville Prevention Partnership worked with
elementary and middle school children in an attempt to
influence them toward positive life goals and discourage
them from using substances. The Partnership targeted an
area in East Nashville and created after school programs,
mentoring opportunities, attendance initiatives, and safe
passages to and frOm schooL Attendance and test scores
increased as a result of the program.
(E) At a youth-led town meeting sponsored by the
Bering Strit Community Partnership in Norne, Alaska,
youth identified a need for a safe, substance-free space.
With help from a variety of community partners, the Partnership staff and youth members created the Java Hut,
a substance-free coffeehouse designed for youth. The Java
Hut is helping to change norms in the community by providing a fun, youth-friendly atmosphere and activities that
are not centered around alcohol or marijuana.
(F) Portland's Regional Drug Initiative (R1)I) has promoted the establishment of drug-free workplaces among
the city's large and small employers. Over 3,000 employers
have attended an RIM training session, and of those, 92
percent have instituted drug-free workplace policies. As
a result, there has been a 5.5 percent decrease in positive
workplace drug tests.
(U) San Antonio Fighting Back worked to increase
the age at which youth first used illegal substances.
Research suggests that the later the age of first use, the
lower the risk that a young person will become a regular
substance abuser. As a result, the age of first illegal drug
use increased from 9.4 years in 1992 to 13.5 years in
199'7.
(H) In 1990, multiple data sources confirmed a trend
of increased alcohol use by teenagers in the Tray commurñty. Using its TMmuitiple strategies over multiple sector?
approach, the Tray Coalition worked with parents, physicians, students, coaches, and others to address this problem
from several angles. As a result the rate of twelfth grade
students who had consumed alcohol in the past month

H.R.2291-3
decreased from 62.1 percent to 53.3 percent between 1991
and 1998, and the rate of eighth grade students decreased
from 26.3 percent to 17.4 percent. The Troy Coalition
believes that this decline repiesents not mly a change
in behavior on the part of students, but also a change
in the norms of the community.
(6) Despite these successes, drug use continues to be a
serious problem facing communities across the United States.
For example:
(A) According to the Puise Check: Trends in Drug
Abuse Mid-Year 2000 report(1) crack and powder cocaine remains the most
serious drug problem;
(ii) marijuana remains themost widely available
illicit drug, and its potency is on the rise;
(lii) treatment sources report an increase in. adnrissions with marijuana as the prinaaxy drug of abuseand adolescents outnumber other age groups entering
treatment for marijuana;
(iv) 80 percent of Pulse Check sources reported
increased availability of club drugs, with ecstasy
(MDMA) and ketamine the most widely cited club
drugs and seven sources reporting that powder cocaine
is being used as a club drug by young adults;
(v) ecstasy abuse and trafficking is expanding, no
longer conñned to the "rave" scene;
(vi) the sale and use of club drugs has grown
from nightclubs and raves to high schools, the streets,
neighborhoods, open venues, and younger ages;
(vji) ecstasy users often are unknowingly purchasing adulterated tablets or some other substance
sol4asMDMA;and
(viii). along with reports of increased heroin
snorting as a route of atlminstration for initiates, there
is also an increase in injecting initiates and the negative health consepiences associated with injection (for
example, increases in HIV/AIDS and Hepatitis C) suggesting that there is a generational forgetting of the
dangers of injection of the drug.
(B) The 2000 Parent's Resource Institute for Drug Education study reported that 23.6 percent of children in the
sixth through twelfth grades used illicit drugs in the past
year. The same study found that monthly usage among
this group was 15.3 percent.
(C) According to the 2000 Monitoring the Future study,
the use of ecstasy among eighth graders increased from
1.7 percent in 1999 to 3.1 percent in 2000, among tenth
graders from 4.4 percent to 5.4 percent, and from 5.6 percent to 8.2 percent among twelfth graders.
(B) A 1999 Mellnian Group study found thatCi) 56 percent of the population. in the United
States believed that drug use was increasing in. 1999;
(ii) 92 percent of the population viewed illegal
drug. use as a serious problem in the United States;
and;
(iii) 73 percent of the population viewed illegal
drug use as a serious problem in their communities.

1

H.R2291-4
(7) According to the 2001 report of the National Center
on Addiction and Substance Abuse at Columbia University
entitied "Shoveling Up: The Impact of Substance Abuse on
State Budgets", using the most conservative assumption, in
1998 States spent $77,900,000,000 to shovel up the wreckage
of substance abuse, only $3,000,000,000 to prevent and treat
the problem and $433,000,000 for alcohol and tobacco regulation
and compliance. This $77,900,000,000 burden was distributed
as follows:
(A) $30,700,000,000 in the justice system (77 percent
ofjustice spending).
(B) $16,500,000,000 in education costs (10 percent of
education spending).
(C) $15,200,000,000 in health costs (25 percent of
health spending).
CD) $7,700,000,000 in child and family assistance (32.
percent of child and family assistance spending).
(B) $5,900,000,000 in mental health and developmental
disabilities (31 percent of mental health spending).
(F) $1,500,000,000 in public safety (26 percent of public
safety spending) and $400,000,000 for the state workforce.
(8) Intergovernmental cooperation and coordination
through national, State, and local or tribal lea1ership and
partnerships are critical to facilitate the reduction of substance
abuse among youth in communities across the United States.
(9) Substance abuse is perceived as a much greater problem
nationally than at the community level. According to a 2001
Trusts, between 1994
study sponsoreçl by The Pew Charj*
and 2000(A) there was a 43 percent increase in the percentage.
of Americans who felt progress was being made in the
war on drugs at the community level;
(B) only 9 percent of Americans say drug abuse is
a "crisis" in their neighborhood, compared to 27 percent
who say this about the nation; and
(C) the percentage of those who felt we lost ground
in the war on drugs on a community level fell by more I
than a quarter, from 51 percent in 1994 to 37 percent
•
in2000.
(b) EXrrENSION Atm INcRLsE OF PROGRAtL-Section 1024(a)
of the National Narcotics Leadership Act of 1988 (21. U.S.C. 1524(a))
is amended(1). by striking "and" at the end of paragraph (4); and
(2) by striking paragraph (5) and inserting the following
new paragraphs:
"(5) 50,600,000 for fiscal year 2002;
"(6) 60,000,000 for fiscal year 2003;
"(7) 70,000,000 for fiscal year 2004;
"(8) 80,000,000 for fiscal year 2005;
"(9) 90,000,000 for fiscal year 2006; and
"(10) $99,000,000 for fiscal year 2007.".
(c) EXTgNSIO? OF LTMFTATION ON ADMIN1sr1wnvE Cos'rs.-.Section 1024(b) of that Act (21 U.S.C. 1524(b)) Is amended by striking
paragraph (5) and inserting the following new paragraph (5):
"(5) 6 percent for each of flscayears 2002 through 200'7.".
--

'a

H. 11. 2291-5
*

•

(d) ADDITIONAL GRArs.-Section 1032(b) of that Act (21 U.S.C.
1533(b)) is amended by adding at the end the following new paragraph (3):
"(3) ADDITIONAL GRANTS."(A) IN GENERAL-Subject to subparagraph (F), the
Administrator may award an additional grant under this
paragraph to an eligible coalition awarded a grant under
paragraph (1) or (2) for any first fiscal year after the
•
end of the 4-year period following the period of the initial
grant under paragraph (1) or (2), as the case may be.
"(B) SCOPE OP GRANTS.-A coalition awarded a grant
under paragraph (1) or (2), including a renewal grant under
such paragraph, may not be awarded another grant under
such paragraph, and is eligible fo an additional grant
under this section only under this paragraph.
"(C) No moarr FOR APPUCATIONS.-The Administrator may not afford a higher priority in the award of
an additional grant under this paragraph than the
Alminitrator would afford the applicant for the grant
if the applicant were submitting an application for an
initial grant under paragraph (1) or (2) rather than an
application for a grant munier this paragraph.
•

the initial additional grant under subparagraph (A) is
• awarded in an amount not to exceed amounts as follows:
•
"(r) For the first and second fiscal years of that
•
4-fiscal-year period, the amount equal to 80 percent
of the non-Federal funds, including in-kind contributions, raised by the coalition for the applicable fiscal
year.
"(ii) For the third and fourth flcai years of that
4-fiscal-year period, the amount equal to 67 percent
of the non-Federal funds, including in-kind contributions, raised by the coalition for the applicable fiscal
year.
"(E) SUSPENsI0N.-If a grant recipient under this paragraph fails to continue to meet the criteria specified in
subsection (a), the Administrator may suspend the grant,
after providing written notice to the grant recipient and
an opportunity to appeal.
(F) Ln4rrAnoN.-The amount of a grant award under
this paragraph may not exceed $100,000 for a fiscal year.".
(e) DATA COLLECTioN AND DISSEMINATI0N.-Section 1033(b) of
that Act (21 U.S.C. 1533(h)) is amended by adding at the end
the following new paragraphi
"(3) C0NStmTAn0N.-The Administrator shall carry out
activities under this subsection in consultation with the
Advisory Commission and the National Community Antidrug
Coalition Institute?.
(i) LIMITATION ON USE OP CERTAIN FUNDS FOR EVALUATION
OF PROGRA.M.-Section 1033(b) of that Act, as amended by subsection (a) of this seetion is further amended by adding at the
end the following ne paragraph:
•

)

"(IL)) RENEWAL GRANTS.-Subject to subparagraph (F),
the Administrator may award a renewal grant to a grant
recipient under this paragraph for each of the fiscal years
of the 4-fiscal-year period following the fiscal year for which

/

ILK. 2291-6
"(4) LIMrrT1ON ON USE OF CERTAIN FUNDS FOR EVALUATION
OF PROGRAaL-Amounts lor activities under paragraph (2XB)
niay not be derived from amounts under section 1024(a) except
for amounts that are available under section 1024(b) for
administrative costs.".
(g) TREATMENT OP FUNDS 'OR C0AUTIoNs REPEESENITNG C TAIN ORGANIZATIONS.-SeCtion 1032 of that Act (21 U.S.C. 1532)
is further amended by adding at the end the following new subsection:
"(c) TEEATMEN'r OF FUNDS FOR C0ALrn0NS REPRESENTING CEETAIN ORwNrzJTIoNS.-Funds appropriated for the substance abuse
activities of a coalition that includes a representative of the Bureau
of Indian Affairs, the Indian Health Service, or a tribal government
agency with expertise in the field of substance.abuze may be counted
as non-Federal funds raised by the coalition for purposes of tWa
section.".

(h) PiuORrrr iN AwnDiNG GRANTS.-&etion 1032 of that Act
(21 U.S.C. 1532) is further amended by adding at the end the
following new subsection:
"(ci) PRIORITY IN AwARDIZ4G GP.ANTS.-In awarding grants under
subsection (bX1XA.XD, priority shall be given to a coalition serving
economically disadvantaged areas.".
SEC. 2. SUPPLEMENTAL GRAN'IS FOR COALITION MENTOR1?'G ACTZVI.
TIES UNDER DRUG-FREE COMMUNiTIES SUPPORT PRO.
GR

Subchapter I of chapter 2 of the National Narcotics Leadership
Act of 1988 (21 U.S.C. 1531 et seq.) is amended by adding at
the end the following new section:
"SEC. 1035. SOPPLEMENPAL GRANTS FOR COALITION MENTORING
ACHVrFLES.

"(a) ALrrHORrr To MAKE GRANTa-As part of the program
established inder section 1031, the Director may award an initial
grant under this subsection, and renewal grants under subsection
(0. to any coalition awarded a grant under section 1032 that meets
the criteria specified in subsection (d) in order to fund coalition
nientoring activities by such coalition in support of the program.
"(b) rnAmIEwr Wmr OTaER Gitins."(1) Suprir.-A grant awarded to a coalition under
this section is in addition to any grant awarded to the coalition
under section 1032.
"(2) REQUIIEMENT FOR BASIC GRANT.-A coalition may not
be awarded a grant under this section for a fiscal year unies
the coalition was awarded a grant Or renewal grant under
section 1032(b) for that fiscal year.
"(C) APPUWrI0N.-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.
"(d) CRITERIA.-A coalition meets the criteria specified in this
subsection lithe coalition"(1) has been in existence for at least 5 years;
"(2) baa achieved, by or through its own efforts, measurable
results in the prevention and treatment of substance abuse
among youth;
"(3) has staff or members willing to serve as mentors for
persons seeking to start or expand the activities of other coali-- tions in the prevention and treatment of substance abuse

-

S

H. R. 2291-7
"(4) has demonstrable stipport from some members of the
community in which the coalition mentoring activities to be
supported by the grant under this section are to be carried
out; and
"(5) submits to the Mmfrictrator a detailed plan for the
coalition rnentoring activities to be supported by the grant
under this section.
"Ce) USE OF GRA1T FUNDS.-A coalition awarded a grant under,
this section shall use the grant amount for mentoring activities
to support and encourage the development of new, self-supporting
conmiunity coalitions that are focused on the prevention and treatment of substance abuse in such new coalitions' communities. The
mentoring coalition shall encourage such devejopment in accordance
with the plan submitted by the mentoring coalition under subsection
(dX5).
"(f) RENEWAL Gnrrs.-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 application for such renewal grant"(1) continues to meet the criteria specified in subsection
(d); and
"(2) has made demonstrable progress in the development
of one or more new, self-supporting community coalitions that
are focused on the prevention and treatment of substance abuse.
"(g) GRANT AMOUNTS,"(1) 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. Funds appropriated for the substance abuse
activities of a coalition that includes a representative of the
Bureau..of Indian Affairs, the Indian Health Service, or a tribal
government agency with expertise in the field of substance
abuse may be counted as non-Federal funds raised by the
coalition.
"(2) INITIAL GEANTS.-The amount of the initial grant
awarded to a coalition under subsection (a) may not exceed
$75,000.
"(3) RENEWAL GRANTS.-The total amount of renewal grants
awarded to a coalition under subsection (f) for any fiscal year
may not exceed $75,000.
"Cli) FISCAL YEAR LIMrrATION or AMoUNT AvAiLArn.s FOR
GRANTS.-The total amount available for grants under this section,
including renewal grants under subsection c, in any fiscal year
may not exceed the amount equal to five percent of the amount
authorized to be appropriated by section 1024(a) for that fiscal
year.
"(i) Piuosrry ri Awswzuo INITIAL GRAirrs.-In awarding mltial grants under this section, priority shall be given to a coalition
that expressly proposes to provide meutorship to a coalition or
aspiring coalition serving economically disadvantaged areas.".

I

SEC. 3. FIVE-TEAR EXTENSION OF ADVISORY COMMISSION ON DRUGFREE COMMUNITIES.

Section 1048 of the National Narcotics Leadership Act of 1988
-(21 U.S.C. 1548) is amended by atrfl ing'2002" and inserting "2007".

H. R. 2291
SEC. 4. AUTROIUZATION POE NA11ONAL COMMVNIT AMIDRUG
COALITION INSTmYFE.

(a) IN GgNERAL.-The Director of the Office of National l)ru
Control Policy may, using amounts authorized to be appropriate
by subsection (d), make a grant to an eligible orgarnzatiozi to
provide for the establishment of a National Community Antidrug
Coalition Institute
(b) ELIGrsI OEGANIzoNS.-An organization eligible for the
grant under subsection (a) is any national nonprofit organization
that represents, provides technical assistance and training to, and
has special expertise and broad, national-level experience in community antidrug coalitions under section 1032 of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1532).
(c). USE OP GRANT AMOUNT..-The organization receiving the
grant under subsection (a) shall establish a National Community
Antidrug Coalition Institute to-

(1) provide education, training, and tchnicai assistance
for coalition leaders and community teams, with emphasis on
the development of coalitions servmg economically disadvantaged areas;
(2) develop and disseminate evaluation tools mechanisms,
and measures to better assess and aent coalition performance measures and outcomes; and
(3) bridge the gap between research and prartice by translating knowledge from research into practical information.

(d) Aumopizx1oN OF APPROPRWI'IONS.-ThCre is authorized
to be appropriated for purposes of activities under this section,
including the grant under subsection (a), amounts as follows:

(1) For each of fiscal years 2002 and 2003, 2,000,000.
(2) For each of fiscal years 2004 and 2005, $1,000,008.
(3) For each of fiscal years 2006 and 2007, $750,000.

SEC. 5. PROBIBITION AGAINST DUPLICATION OP EFFORT.

The Director of the Office of National Drug Control Policy
shall ensure that the same or similar activities are not carried
out, through the use of funds for atlministrative costs provided
under subchapter TI of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1521 et seq.) or funds provided under section
4 of this Act, by more than one recipient of such funds.

Speaker of the House of Representatives.

Wee Preaid.ent of the United States and
President of the Senate.

107TH CONGRESS
Rept. 107-1 75
HOUSE OF REPRESENTATIVES
1st Session
Part I
TO EXTEND TILE AUTHORIZATION OF TH1 DRUG-FREE COMMUNITIES
SUPPORT PROGRAM FOR AN ADDITIONAL 5 YEARS, TO AUTHORIZE A
NATIONAL COMMUNITY ANTIDRUG COALITION INSTITUTE, AND FOR OTHER
PURPOSES
JULY 30, 2001- Committed to the Committee of the Whole House on the State of the Union and
ordered to be printed
Mr. BURTON of Indiana, from the Committee on Government Reform, submitted the following
REPORT
[To accompany H.R. 2291]
[Including cost estimate of th Congressional Budget Office]
The Committee on Government Reform, to whom was referred the bill (H.R. 2291) to
extend the authorization of the Drug-Free Communities Support Program for an
additional 5 years, to authorize a National Community Antidrug Coalition Institute, and
for other purposes, having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.

LAcrN'rs
1LJrpi.

LI1
8
____

Ho

y_j(x
21J
I1wUJ itatement of CBO Cost Estimate

_______

JJjtederai Advisory Committee Act (5 U.S.C. App.) Section 5b)

221
24
28

[ijnfirnded Mandates Reform Act; Public Law 104-4, Section 4231 28

LJL

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

SECTION 1. FIVE-YEAR EXTENSION OF DRUG-FREE COMMUNITIES
SUPPORT PROGRAM.
(a) FINDINGS- Congress makes the following findings:
(1) In the next 15 years, the youth population in the United States will grow by 21
percent, adding 6,500,000 youth to the population of the United States. Even if
drug use rates remain constant, there will be a huge surge in drug-related
problems, such as academic failure, drug-related violence, and HIV incidence,
simply due to this population increase.
(2) According to the 1994-1996 National Household Survey, 60 percent of
students age 12 to 17 who frequently cut classes and who reported delinquent
behavior in the past 6 months used marijuana 52 days or more in the previous
year.
(3) The 2000 Washington Kids Count survey conducted by the University of
Washington reported that students whose peers have little or no involvement with
drinking and drugs have higher math and reading scores than students whose
peers had low level drinking or drug use.
(4) Substance abuse prevention works. In 1999, only 10 percent of teens saw
marijuana users as popular, compared to 17 percent in 1998 and 19 percent in
1997. The rate of past-month use of any drug among 12- to 17-year-olds declined
26 percent between 1997 and 1999. Marijuana use for sixth through eighth
graders is at the lowest point in 5 years, as is use of cocaine, inhalants, and
hallucinogens.
(5) Community Anti-Drug Coalitions throughout the United States are
successfully developing and implementing comprehensive, long-term strategies to
reduce substance abuse among youth on a sustained basis. For example:
(A) The Boston Coalition brought college and university presidents
together to create the Cooperative Agreement on Underage Drinking. This
agreement represents the first coordinated effort of Boston's many
institutions of higher education to address issues such as binge drinking,
underage drinking, and changing the norms surrounding alcohol abuse that
exist on college and university campuses.
(B) In 2000, the Coalition for a Drug-Free Greater Cincinnati surveyed
more than 47,000 local students in grades 7 through 12. The results
provided evidence that the Coalition's initiatives are working. For the first
time in a decade, teen drug use in Greater Cincinnati appears to be
leveling off. The data collected from the survey has served as a tool to
strengthen relationships between schools and communities, as well as
facilitate the growth of anti-drug coalitions in communities where such
coalitions had not existed.
(C) The Miami Coalition used a three-part strategy to decrease the
percentage of high school seniors who reported using marijuana at least

once during the most recent 30-day period. The development of a media
strategt, the creation of a network of prevention agencies, and discussions
with high school students aboutthe dangers of marijuana all contributed to
a decrease in the percentage of seniors who reported using marijuana from
over 22 percent in 1995 to 9 percent in 1997. The Miami Coalition was
able to achieve these results while national rates of marijuana use were
increasing.
(D) The Nashville Prevention Partnership worked with elementary and
middle school children in an attempt to influence them toward positive life
goals and discourage them from using substances. The Partnership
targeted an area in East Nashville and created after school programs,
mentoring opportunities, attendance initiatives, and safe passages to and
from school. Attendance and test scores increased as a result of the
program.
(E) At a youth-led town meeting sponsored by the Bering Strait
Community Partnership in Nome, Alaska, youth identified a need for a
safe, substance-free space. With help from a variety of community
partners, the Partnership staff and youth members created the Java Hut, a
substance-free coffeehouse designed for youth. The Java Hut is helping to
change norms in the community by providing a fun, youth-friendly
atmosphere and activities that are not centered around alcohol or
marijuana.
(F) Portlandts Regional Drug Initiative (RDI) has promoted the
establishment of drug-free workplaces among the cityt s large and small
employers. Over 3,000 employers have attended an RDI training session,
and of those, 92 percent have instituted drug-free workplace policies. As a
result, there has been a 5.5 percent decrease in positive workplace drug
tests.
(G) San Antonio Fighting Back worked to increase the age at which youth
first used illegal substances. Research suggests that the later the age of
first use, the lower the risk that a young person will become a regular
substance abuser. As a result, the age of first illegal drug use increased
from 9.4 years in 1992 to 13.5 years in 1997.
(H) In 1990, multiple data sources confirmed a trend of increased alcohol
use by teenagers in the Troy community. Using its 'multiple strategies
over multiple sectorst approach, the Troy Coalition worked with parents,
physicians, students, coaches, and others to address this problem from
several angles. As a result, the rate of twelfth grade students who had
consumed alcohol in the past month decreased from 62.1 percent to 53.3
percent between 1991 and 1998, and the rate of eighth grade students
decreased from 26.3 percent to 17.4 percent. The Troy Coalition believes
that this decline represents not only a change in behavior on the part of
students, but also a change in the norms of the community.
(6) Despite these successes, drug use continues to be a serious problem facing
communities across the United States, For example:

(A) According to the Pulse Check: Trends in Drug Abuse Mid-Year 2000
report(i) crack and powder cocaine remains the most serious drug
problem;
(ii) marijuana remains the most widely available illicit drug, and its
potency is on the rise;
(iii) treatment sources report an increase in admissions with
marijuana as the primary drug of abuse--and adolescents
outnumber other age groups entering treatment for marijuana;
(iv) 80 percent of Pulse Check sources reported increased
availability of club drugs, with ecstasy (MDMA) and ketamine the
most widely cited club drugs and seven sources reporting that
powder cocaine is being used as a club drug by young adults;
(v) ecstasy abuse and trafficking is expanding, no longer confined
to the 'rave' scene;
(vi) the sale and use of club drugs has grown from nightclubs and
raves to high schools, the streets, neighborhoods, open venues, and
younger ages;
(vii) ecstasy users often are unknowingly purchasing adulterated
tablets or some other substance sold as MDMA; and
(viii) along with reports of increased heroin snorting as a route of
administration for initiates, there is also an increase in injecting
initiates and the negative health consequences associated with
injection (for example, increases in HIV/AIDS and Hepatitis C)
suggesting that there is a generational forgetting of the dangers of
injection of the drug.
(B) The 2000 Parent's Resource Institute for Drug Education study
reported that 23.6 percent of children in the sixth through twelfth grades
used illicit drugs in the past year. The same study found that monthly
usage among this group was 15.3 percent.
(C) According to the 2000 Monitoring the Future study, the use of ecstasy
among eighth graders increased from 1.7 percent in 1999 to 3.1 percent in
2000, among tenth graders from 4.4 percent to 5.4 percent, and from 5.6
percent to 8.2 percent among twelfth graders.
(D) A 1999 Mellman Group study found that(i) 56 percent of the population in the United States believed that
drug use was increasing in 1999;
(ii) 92 percent of the population viewed illegal drug use as a
serious problem in the United States; and
(iii) 73 percent of the population viewed illegal drug use as a
serious problem in their communities.
(7) According to the 2001 report of the National Center on Addiction and
Substance Abuse at Columbia University entitled 'Shoveling Up: The Impact of
Substance Abuse on State Budgets', using the most conservative assumption, in
1998 States spent $77,900,000,000 to shovel up the wreckage of substance abuse,
only $3,000,000,000 to prevent and treat the problem and $433,000,000 for

alcohol and tobacco regulation and compliance. This $77,900,000,000 burden was
distributed as follows:
(A) $30,700,000,000 in the justice system (77 percent ofjustice spending).
(B) $16,500,000,000 in education costs (10 percent of education
spending).
(C) $15,200,000,000 in health costs (25 percent of health spending).
(D) $7,700,000,000 in child and family assistance (32 percent of child and
family assistance spending).
(E) $5,900,000,000 in mental health and developmental disabilities (31
percent of mental health spending).
(F) $1,500,000,000 in public safety (26 percent of public safety spending)
and $400,000,000 for the state workforce.
(8) Intergovernmental cooperation and coordination through national, State, and
local or tribal leadership and partnerships are critical to facilitate the reduction of
substance abuse among youth in communities across the T4nited States.
(9) Substance abuse is perceived as a much greater problem nationally than at the
community level. According to a 2001 study sponsored by The Pew Charitable
Trusts, between 1994 and 2000-(A) there was a 43 percent increase in the percentage of Americans who
felt progress was being made in the war on drugs at the community level;
(B) only 9 percent of Americans say drug abuse is a 'crisist in their
neighborhood, compared to 27 percent who say this about the nation; and
(C) the percentage of those who felt we lost ground in the war on drugs on
a community level fell by more than a quarter, from 51 percent in 1994 to
37 percent in 2000.
(b) EXTENSION AND INCREASE OF PROGRAM- Section 1024(a) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1524(a)) is amended-(1) by striking 'andt at the end of paragraph (4); and
(2) by striking paragraph (5) and inserting the following new paragraphs:
'(5) $50,600,000 for fiscal year 2002;
'(6) $60,000,000 for fiscal year 2003;
'(7) $70,000,000 for fiscal year 2004;
'(8) $80,000,000 for fiscal year 2005;
'(9) $90,000,000 for fiscal year 2006; and
'(10) $99,000,000 for fiscal year 2007.'.
(c) EXTENSION OF LIMITATION ON ADMINISTRATIVE COSTS- Section 1024(b)
of that Act (21 U.S.C. 1524(b)) is amended by striking paragraph (5) and inserting the
following new paragraph (5):
'(5) 6 percent for each of fiscal years 2002 through 2007.'.
(d) ADDITIONAL GRANTS- Section 1032(b) of that Act (21 U.S.C. 1533(b)) is
amended by adding at the end the following new paragraph (3):
'(3) ADDITIONAL GRANTS'(A) IN GENERAL- Subject to subparagraph (F), the Administrator may
award an additional grant under this paragraph to an eligible coalition
awarded a grant under paragraph (1) or (2) for any first fiscal year after the

end of the 4-year period following the period of the initial grant under
paragraph (1) or (2), as the case may be.
'(B) SCOPE OF GRANTS- A coalition awarded a grant under paragraph
(1) or (2), including a renewal grant under such paragraph, may not be
awarded another grant under such paragraph, and is eligible for an
additional grant under this section only under this paragraph.
'(C) NO PRIORITY FOR APPLICATIONS- The Administrator may not
afford a higher priority in the award of an additional grant under this
paragraph than the Administrator would afford the applicant for the grant
if the applicant were submitting an application for an initial grant under
paragraph (1) or (2) rather than an application for a grant under this
paragraph.
'(D) RENEWAL GRANTS- Subject to subparagraph (F), the
Administrator may award a renewal grant to a grant recipient under this
paragraph for each of the fiscal years of the 4-flsáal-year period following
the fiscal year for which the initial additional grant under subparagraph
(A) is awarded in an amount not to exceed amounts as follows:
'(i) For the first and second fiscal years of that 4-fiscal-year period,
the amount equal to 80 percent of the non-Federal funds, including
in-kind contributions, raised by the coalition for the applicable
fiscal year.
'(ii) For the third arid fourth fiscal years of that 4-fiscal-year
period, the amount equal to 67 percent of the non-Federal funds,
including in-kind contributions, raised by the coalition for the
applicable fiscal year.
'(E) SUSPENSION- If a grant recipient under this paragraph fails to
continue to meet the criteria specified in subsection (a), the Administrator
may suspend the grant, after providing written notice to the grant recipient
and an opportunity to appeal.
'(F) LIMITATION- The amount of a grant award under this paragraph
may not exceed $100,000 for a fiscal year.'.
(e) DATA COLLECTION AND DISSEMINATION- Section 1033(b) of that Act (21
U.S.C. 1533(b)) is amended by adding at the end the following new paragraph:
'(3) CONSULTATION- The Administrator shall carry out activities under this
subsection in consultation with the Advisory Commission and the National
Community Antidrug Coalition Institute.',
(f) LIMITATION ON USE OF CERTAIN FUNDS FOR EVALUATION OF
PROGRAM- Section 1033(b) of that Act, as amended by subsection (e) of this section, is
further amended by adding at the end the following new paragraph:
'(4) LIMITATION ON USE OF CERTAIN FUNDS FOR EVALUATION OF
PROGRAM- Amounts for activities under paragraph (2XB) may not be derived
from amounts under section 1024(a) except for amounts that are available under
section 1024(b) for administrative costs.'.
(g) TREATMENT OF FUNDS FOR COALITIONS REPRESENTING CERTAIN
ORGANIZATIONS- Section 1032 of that Act (21 U.S.C. 1532) is further amended by
adding at the end the following new subsection:

'(c) TREATMENT OF FUNDS FOR COALITIONS REPRESENTING CERTAIN
ORGANIZATIONS- Funds appropriated for the substance abuse activities of a coalition
that includes a representative of the Bureau of Indian Affairs, the Indian Health Service,
or a tribal government agency with expertise in the field of substance abuse may be
counted as non-Federal funds raised by the coalition for purposes of this section.'.
(h) PRIORITY IN AWARDING GRANTS- Section 1032 of that Act (21 U.S.C. 1532) is
further amended by adding at the end the following new subsection:
'(d) PRIORITY IN AWARDING GRANTS- In awarding grants under subsection
(b)(1)(A)(i), priority shall be given to a coalition serving economically disadvantaged
areas.'.

SEC. 2. SUPPLEMENTAL GRANTS FOR COALITION MENTORING
ACTWITIES UNDER DRUG-FREE COMMUNITIES SUPPORT PROGRAM.
Subchapter! of chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1531 et seq.) is amended by adding at the end the following new section:

'SEC. 1035. SUPPLEMENTAL GRANTS FOR COALITION MENTORING
ACTIVITIES.
'(a) 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 coalition mentoring
activities by such coalition in support of the program.
'(b) TREATMENT WITH OTHER GRANTS'(1) SUPPLEMENT- A grant awarded to a coalition under this section is in
addition to any grant awarded to the coalition under section 1032.
'(2) 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.
'(c) 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.
'(d) CRITERIA- A coalition meets the criteria specified in this subsection if the
coalition-'(1) has been in existence for at least 5 years;
'(2) has achieved, by or through its own efforts, measurable results in the
prevention and treatment of substance abuse among youth;
'(3) has staff or members willing to serve as mentors for persons seeking to start
or expand the activities of other coalitions in the prevention and treatment of
substance abuse;
'(4) has demonstrable support from some members of the community in which the
coalition mentoring activities to be supported by the grant under this section are to
be carried out; and

'(5) submits to the Administrator a detailed plan for the coalition mentoring
activities to be supported by the grant under this section.
'(e) USE OF GRANT FUNDS- A coalition awarded a grant under this section shall use
the grant amount for mentoring activities to support and encourage the development of
new, self-supporting community coalitions that are focused on the prevention and
treatment of substance abuse in such new coalitions' conununities. The mentoring
coalition shall encourage such development in accordance with the plan submitted by the
rnentoring coalition under subsection (d)(5).
'(f) 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 application for such renewal grant'(I) continues to meet the criteria specified in subsection (d); and
'(2) has made demonstrable progress in the development of one or more new,
self-supporting community coalitions that are focused on the prevention and
treatment of substance abuse.
'(g) GRANT AMOUNTS'(1) 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. Funds appropriated for the substance abuse
activities of a coalition that includes a representative of the Bureau of Indian
Affairs, the Indian Health Service, or a tribal government agency with expertise in
the field of substance abuse may be counted as non-Federal funds raised by the
coalition.
'(2) INITIAL GRANTS- The amount of the initial grant awarded to a coalition
under subsection (a) may not exceed $75,000.
'(3) RENEWAL GRANTS- The total amount of renewal grants awarded to a
coalition under subsection (f) for any fiscal year may not exceed $75,000.
'(h) FISCAL YEAR LIMITATION ON 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 five percent of the
amount authorized to be appropriated by section 1024(a) for that fiscal year.
'(i) PRIORITY IN AWARDING INITIAL GRANTS- In awarding initial grants under
this section, priority shall be given to a coalition that expressly proposes to provide
mentorship to a coalition or aspiring coalition serving economically disadvantaged
areas.'.

SEC. 3. FIVE-YEAR EXTENSION OF ADVISORY COMMISSION ON
DRUG-FREE COMMUNITIES.
Section 1048 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1548) is
amended by striking '2002' and inserting '2007'.

SEC. 4. AUTHORJZATION FOR NATIONAL COMMUNITY ANTIDRUG
COALITION INSTITUTE.

(a) IN GENERAL- The Director of the Office of National Drug Control Policy may,
using amounts authorized to be appropriated by subsection (d), make a grant to an
eligible organization to provide for the establishment of a National Community Antidrug
Coalition Institute.
(b) ELIGIBLE ORGANIZATIONS- An organization eligible for the grant under
subsection (a) is any national nonprofit organization that represents, provides technical
assistance and training to, and has special expertise and broad, national-level experience
in community antidrug coalitions under section 1032 of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1532).
(c) USE OF GRANT AMOUNT- The organization receiving the grant under subsection
(a) shall establish a National Community Antidrug Coalition Institute to-(1) provide education, training, and technical assistance for coalition leaders and
community teams, with emphasis on the development of coalitions serving
economically disadvantaged areas;
(2) develop and disseminate evaluation tools, mechanisms, and measures to better
assess and document coalition performance measures and outcomes; and
(3) bridge the gap between research and practice by translating knowledge from
research into practical information.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
for purposes of activities under this section, including the grant under subsection (a),
amounts as follows:
(1) For each of fiscal years 2002 and 2003, $2,000,000.
(2) For each of fiscal years 2004 and 2005, $1,000,000.
(3) For each of fiscal years 2006 and 2007, $750,000.
SEC. 5. PROffEBITION AGAINST DUPLICATION OF EFFORT.
The Director of the Office of National Drug Control Policy shall ensure that the same or
similar activities are not carried out, through the use of funds for administrative costs
provided under subchapter II of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1521 et seq.) or funds provided under section 4 of this Act, by more than one
recipient of such funds.

I. PURPOSE AND SUMMARY
The purpose of the 'Drug-Free Communities Act of 1997 (21 U.S.C. Sec. 1521 et seq.)
('DFCA') is to establish a program to support and encourage local communities that first
demonstrate a comprehensive, long-term commitment to reduce substance abuse among youth.
The DFCA did this primarily by authorizing grants of up to $100,000 to local community
coalitions to assist them in their anti-drug efforts. H.R. 2291 would expand that program and
reauthorize it for an additional five years (through fiscal year 2007). The reauthorizing
legislation includes provisions that would (1) annually increase the total funds authorized for the
program from $50,600,000 in fiscal year 2002 to $99,000,000 in fiscal year 2007; (2) increase
the percentage of the total funds authorized available for administrative costs from the 3 percent
allowed under current law to 6 percent; (3) instruct the Director of the Office of National Drug
Control Policy (ONDCP) to take steps to ensure that there is no bureaucratic duplication of effort

among the various entities charged with administering the program and assisting coalitions; (4)
allow coalitions to re-apply for grants even after five years, but only with an increased matching
requirement; (5) create a new class of grants that help mature coalitions 'mentor' newly-formed
coalitions; (6) instruct the Director to give priority for all grants to coalitions that propose to
assist economically disadvantaged communities; (7) help coalitions serving Native American
communities to meet their private fundraising 'matching requirement' under existing law by
allowing them to count Federal funds allocated to tribal government agencies as non-Federal
funds raised; and (8) establish a National Community Antidrug Coalition Institute.

H. NEED FOR LEGISLATION
Drug use among the nation's youth is a substantial and continuing problem. After achieving
significant declines in teen drug use in the 1980's, the United States began to lose ground in the
1990's. According to the 2000 Monitoring the Future Study, from 1992 to 1996 past-month use
of any illicit drug rose from 14.4 percent to 24.6 percent for twelfth graders; 11.0 percent to 23.2
percent for tenth graders; and 6.8 percent to 14.6 percent for eighth graders. The National
Household Survey on Drug Abuse, conducted by the Substance Abuse and Mental Health
Services Administration (SAMHSA), reported that between 1994 and 1996, LSD and
hallucinogen use increased by 183 percent and cocaine use increased by 166 percent.
The rise in drug use reflected a growing level of ignorance about the risks and consequences of
illegal drug use. For example, disapproval of marijuana use and perception of the risks associated
with that drug weakened significantly during that same period among eighth graders,
corresponding (not surprisingly) with an increase in marijuana use among eighth graders (from
approximately 3 percent to approximately 11 percent). (Source: 2000 Monitoring the Future
Study.) Perception of the risks of LSD, powder cocaine and crack cocaine had similarly declined.
These two trends (growing ignorance of the dangers of drug abuse, and growing drug abuse
among youth) suggested a looming national crisis.
Congress responded to this threat by passing, among other legislation, the Drug Free
Communities Act of 1997 ('DFCA'), an amendment to the National Narcotics Leadership Act of
1988. DFCA sought to strengthen what has proven to be one of the most effective demand-side
weapons in the fight against teen drug use: local community anti-drug coalitions. These
coalitions bring individuals and institutions together to pooi their knowledge, experience and
resources in the struggle against illegal drug use in their local communities. As locally-based
organizations, these coalitions are uniquely well-situated to deal with the special problems of
their communities.
DFCA established a program of direct grants to community organizations demonstrating a
comprehensive, long-term commitment to reduce substance abuse among youth. The DFCA
program was intended, among other things, to strengthen collaboration among communities, the
federal government, and state, local and tribal governments, to serve as a catalyst for increased
citizen participation in community anti-drug efforts, and to rechannel federal anti-drug resources
and infonnation to local communities.

At the heart of the DFCA are grants to 'coalitions,' which are broad-based groups consisting of
representatives of youth, parents, businesses, the media, law enforcement,
religious or other civic groups, health care professionals, and others that seek to reduce drug
addiction in their communities, especially among the young. The coalitions are required to
submit detailed applications for grants, describing their commitment to anti-drug efforts, their
long-term strategy for combating drug addiction, and their ability to sustain and account for their
efforts. The grants are limited to $100,000 per year, and are subject to a matching requirement
(under which the coalition must match each Federal grant dollar with a dollar raised from nonFederal sources). Coalitions from rural areas may be excused from meeting all of the DECA's
program requirements. Under existing law, a coalition receiving a grant is entitled to apply for
renewal grants for four years after its initial award.
The program has been a resounding success, and is one of the cornerstones of our nation's
narcotics demand-reduction efforts. The 'Findings' section of H.R. 2291 (Section 1(a)) gives
only a few examples of the successes of the local coalitions assisted by DFCA. According to
ONDCP, there are now 307 coalitions receiving grants under DFCA, with an additional 144 new
awards projected for fiscal year 2001. Though it is difficult precisely to quantify the effect these
local coalitions have had on the nation's drug problem, there is no doubt but that the steep
increases in drug abuse among the young have leveled off since 1997. (Source: 2000 Monitoring
the Future Study.)
Nevertheless, significant work remains to be done. The National Parents' Resource Institute for
Drug Education (PRIDE) survey of high school seniors for the 2000-2001 school year shows that
2 out of every 5 seniors used an illegal drug in the past year. The PRIDE shows that parental
involvement (one key strategy promoted by DFCA) has a tremendous impact on the rate of youth
drug abuse. Students are nearly twice as likely to use drugs if their parents do not talk to them
about drugs, and students whose parents set clear rules about family standards are more than 50
percent less likely to use drugs than those who do not. The reauthorization of DFCA is critical to
the nation's continuing efforts to reduce drug abuse.

III. LEGISLATIVE HEARINGS AND COMMITTEE ACTION
A. Hearings
The Subcommittee on Criminal Justice, Drug Policy and Human Resources held a hearing on
June 28, 2001, at which Congressman Rob Portman and Congressman Sander Levin testified as
sponsors of the bill. Dr. Donald M. Vereen, Jr., Deputy Director of the Office of National Drug
Control Policy, Mr. John J. Wilson, Acting Director of the Office of Juvenile Justice and
Delinquency Prevention at the U.S. Department of Justice, General Arthur T. Dean (retired),
Chairman and CEO of Community Anti-Drug Coalitions of America, Judge Michael Kramer of
the Noble County, Indiana, Superior Court and Chair of Drug-Free Noble County, and Mr.
Lawrence Couch, Program Manager of the Montgomery County Partnership, Maryland, also
testified in support of the bill.

Subcommittee Chairman MarkE. Souder began the hearing with a statement in strong support of
the bill, and taking note of the many successes made possible by the original Drug-Free
Communities Act. Chairman Souder also expressed his concerns, however, with the bill's
increase in the administrative expenses cap and the risk of duplication of effort between the
many entities entrusted under the bill with monitoring, evaluating, and providing training and
technical assistance to anti-drug coalitions. The ranking Minority member of the subcommittee,
Elijah E. Cummings, expressed his support for the bill and especially for its support of the efforts
of established coalitions to provide assistance to new coalitions. Mr. Cummings also expressed
his concern that DFCA funds be targeted towards economically disadvantaged communities. The
Vice-Chairman of the Subcommittee, Benjamin A. Gilman, made a statement praising the DFCA
program as a major component of our national demand reduction strategy.
Congressman Portman summarized the goals of the DFCA program and its successes since
original enactment. He noted that reauthorization of the DFCA was one of the centerpieces of
President George W. Bush's anti-drug strategy, and that the bill is a priority for the
Administration. Mr. Portman remarked on the vital role played by the faith community in the
program, and expressed his support for the bill's creation of a National Community Antidnig
Coalition Institute. Mr. Portman also stated his support for the bill's increase in the
administrative expenses cap, while acknowledging that a central goal of the original legislation
was to limit the number of dollars being spent on administrative overhead.
Congressman Sander Levin discussed the history of the DFCA, explaining how it had been
enacted to deal with the nation's crippling drug problem. Mr. Levin expressed his support for the
bill's authorization of grants to support the mentoring of new coalitions by established ones, and
for the proposed Institute. Mr. Levin noted that demand for grants under the DFCA has risen
tremendously since the program's inception.
Dr. Vereen testified to the successes of the DFCA program and to the need for increasing the
administrative expenses cap. Mr. Wilson described OJJDP's administration of most aspects of
the program, and also testified as to the need for the increase in the cap. Both also provided
testimony in response to questions from the Subcommittee concerning the size of the
administrative expenses cap and the risk of duplication of administrative tasks.
Mr. Dean expressed his support for the reauthorization of the DFCA, and in particular for the
creation of the proposed Institute. Judge Kramer and Mr. Couch also expressed their support for
the legislation, and described their experiences as lea1ers of DFCA coalitions.
B. Committee Action
The Subcommittee on Criminal Justice, Drug Policy and Human Resources favorably referred
An Amendment in the Nature of a Substitute to the bill, as amended, by voice vote on July 24,
2001, to the Committee on Government Reform and Oversight,
On July 25, 2001, a quorum being present, the Committee on Government Reform and Oversight
favorably reported An Amendment in the Nature of a Substitute to H.R. 2291, as amended, by
voice vote.

Committee on Government Reform and Oversight--lO7th Congress Rolicall
Date: July25, 2001.
Amendment No. 1.
Description: Amendment in the Nature of a Substitute to H.R. 2291.
Offered by: Hon. Dan Burton (IN).
Adopted by: Voice Vote.
Date: July 25, 2001.
Amendment No. 2.
Description: Amendment to the Amendment in the Nature of a Substitute to H,R. 2291, page 11,
strike lines 2 through 4 and insert the following: '(8) $80,000,000 for fiscal year 2005; (9)
$90,000,000 for fiscal year 2006; and (10) $99,000,000 for fiscal year 2007.
Offered by: Hon. Danny K. Davis (IL).
Adopted by: Voice Vote.
Date: July 25, 2001.
Motion to favorably report H.R. 2291, as amended
Offered by: Hon. Dan Burton (IN).
Adopted by Voice Vote.

IV. OVERSIGHT FINDINGS
Pursuant to rule XIII, clause 3(c)(1), and rule X, clause 2(b)(l) of the Rules of the House of
Representatives, the Committee presents the following oversight findings from its own
investigation. During the 107th Congress, the Subcommittee on Criminal Justice, Drug Policy
and Human Resources held a hearing on June 28, 2001 concerning H.R. 2291. Witnesses at the
hearing testified as to the need for the legislation and its provisions, as well as the past
administration of the DFCA program. The results and findings from Committee oversight
activities are incorporated in the bill and this report.

V. EXPLANATION OF BiLL
The Committee provides the following description of the proposed legislation and an explanation
of the Committee's actions. Pursuant to rule XIII, clause 3(c)(4) of the Rules of the House of

Representatives, it includes a description of its general performance goals and objectives, as well
as outcome-related goals and objectives.
A. Findings (Sec. 1(a))
The bill's fmdings are outlined clearly. They demonstrate (1) the pressing need for further
demand-reduction efforts, particularly among our nation's youth, and (2) the record of success
and prospects for future progress offered by local community anti-drug coalitions.
B. Extension and Increase of Program (Sec. 1 (b,))
The reauthorization of DFCA is critical to the nation's continuing efforts to reduce drug abuse.
Moreover, to ensure that enough funds are available to assist the rapidly growing number of
coalitions emergingthroughout the country, increasing the funds authorized for the program is
essential. Thus, HR. 2291 (as amended) would reauthorize DFCA for 5 years (through fiscal
year 2002), and gradually increase the funds authorized, up to $99,000,000 in the final year
(fiscal year 2007).
Concerns were raised concerning the size of these increases. The Committee believes that these
concerns are well-founded, particularly since they could threaten the availability of funds for
other pressing national priorities. In addition, there are legitimate questions about just how many
coalitions capable of properly using these funds currently exist, or are likely to exist over the
next five fiscal years. It is certainly the case that over the past four years this program has
expanded rapidly, and the demand for grant funding should continue to grow. For the past 3
years, grants have been made to only about 40 percent of the applicant pooi, with no degradation
from one year to the next. Such significant increases in the amounts authorized for the program,
however, may well outstrip the number of coalitions ready and able to provide the level and
quality of services expected in the program. It is the intention of the Committee that ONDCP
carefully monitor the grant criteria and administration to ensure that there is no relaxation of
them for DFCA grants. The Committee also emphasizes that only the amounts authorized have
been increased. During the annual appropriations process, Congress, in consultation with the
Office of National Drug Control Policy (ONDCP), should take care to ensure that only those
amounts are appropriated as can be awarded to coalitions that fully meet all applicable criteria.
Some concern were expressed to the Committee that special language should be included
regarding the eligibility of statewide anti-drug coalitions for a DFCA grant. After reviewing the
legislation and the legislative history, it is the belief both of the bill's sponsors in the House of
Representatives and the Senate and of the Committee that no special language would be
necessary. The purpose of a DFCA grant is to support the growth of eligible coalitions, no matter
what their size. Therefore, where a statewide coalition meets all of the other eligibility
requirements outlined by the legislation, it should be able to compete on equal footing with other
coalitions for a grant.
Pursuant to a directive of the ONDCP program Administrator, the maximum amount that a
coalition can receive under a renewal grant was reduced from $100,000 to $75,000 for years 3, 4,
and 5 of this program. While neither the bill's sponsors in the House of Representatives and the

Senate nor the Committee are convinced of the necessity of this reduction, they do believe that
the Administrator, when acting with the clear advice and understanding of the Advisory
Commission, has the authority to make such changes. However, the Committee believes it is
essential that all coalitions receive adequate notice well in advance of any future changes in the
eligibility amounts, as coalition fund-raising strategies may be affected by changes to the
program.
C. Extension of limitation on administrative costs
Reflecting the intent of Congress to minimize the amount of money spent on bureaucratic
overhead instead of grants to local anti-drug coalitions, administrative costs have been subject to
a decreasing percentage cap since 1998 (reflecting the increasing levels of overall funding): 10
percent of fund authorized in fiscal year 1998 (meaning $1,000,000 was available for
administrative costs), 6 percent in fiscal year 1999 ($1,200,000), 4 percent in fiscal year 2000
($1,200,000), and 3 percent in fiscal year 2001 ($1,200,000). The 3 percent cap would remain in
effect under existing law for fiscal year 2002 ($1,305,000).
As amended, H.R. 2291 will raise the administrative costs cap to 6 percent of funds authorized
for fiscal years 2002 through 2006. ONDCP requested, and the original version of the bill
provided, a cap of 8 percent. (See the further discussion of this issue below.) The Committee
carefully analyzed the information provided to it by ONDCP in determining an appropriate
administrative costs cap.
ONDCP identified five sources of administrative costs associated with DFCA which it believes
should be paid for with DFCA funds:
1. Grants management by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), a
division of the Department of Justice.
2. Peer review of grant applications, and marketing and publicity of the DFCA program, all of
which are undertaken by a private firm called Aspen Systems Corporation.
3. Technical assistance and training to grantees, undertaken by the six regional Centers for
Application of Prevention Technologies (CAPTs), which are administered by the Center for
Substance Abuse Prevention (a division of the Department of Health and Human Services).
4. Independent evaluation of the DFCA program, undertaken by another private firm, Caliber
Associates.
5. Salary and costs of ONDCP's DFCA Administrator and the Advisory Commission established
by DFCA.
Each of these is analyzed below.
1. Grants management by OJJDP

Section 1031(b) of the DFCA directs ONDCP to '(1) make and track grants to grant recipients;
(2) provide for the technical assistance and training, data collection, and dissemination of
information on state-of-the-art practices that the Director determines to be effective in reducing
substance abuse; and (3) provide for the general administration of the program.' Pursuant to an
Interagency Agreement, ONDCP has delegated most of the tasks of administering the DFCA
program to the Office of Juvenile Justice and Delinquency Prevention, a division of the
Department of Justice, which has the personnel and experience necessary to carry them out.
According to an Administrative Cost Study (the 'Study'), first submitted by ONDCP to the
Appropriations Committee of the United States Senate on January 18, 2001 and subsequently
provided to this Committee, OJJDP administers the DFCA program through its Special
Emphasis Division (SED). SED has assigned 9 staff members to work full-time on the DFCA
program. Seven of these staffers are program managers, who are responsible for monitoring and
administering the grants program, and two are administrative support staff.
During the hearing held by the Subcommittee on Criminal Justice, Drug Policy and Human
Resources concerning this bill, representatives of ONDCP and OJJDP testified to the need for
more program managers to handle the growing number of grants. According to OJJDP, currently
each program manager is responsible for an average of 44 grants. That number will rise as the
number of grants rises; thus the Committee recognizes that there is a need to hire more program
managers if the administration of the program is not to suffer. OJJDP has stated that ideally each
program manager would be responsible for only 26 grants, as this is the amount reportedly used
in many other grant programs.
In an effort to determine how many program managers would be required, the Committee asked
ONDCP and OJJDP to identify the activities carried out by these staffers, and how much time
they spend on them. In their joint written response, ONDCP and OJJDP identified the following
three principal activities: (1) administering the grant application process, which according to
ONDCP and OJJDP occupies virtually all of the program managers' time from May through
November each year; (2) bi-monthly telephone contacts with grantees, which require, on
average, one hour per grantee per month; and (3) conducting on-site visits, one per grantee per
year, each visit taking an average of 2 days. Assuming that May through November of each year
are indeed completely taken up by the grant application process, five months are left in which to
carry out the other two principal activities. The following chart shows the demands made on a
program manager's time during those 5 months at various grants-per-program manager levels,
assuming an 8-hour working day:

Grants per manager Days spent on telephone contacts Jays spent on s1te visits
Total days per month

44

5.5

17.6

42

5.3

16.8

40

5.0

16.0

23.1
22. 1
21.0

38

4.8

15.2

36

4.5

14.4

34

4.3

13.6

32

4.0

12.8

30

3.8

12.0

28

3.5

11.2

26

3.3

10.4

20.0
18.9

17. 9
16.8
15.8
14.7
13.7

There are slightly less than 22 working days per month, on average. Thus, a ratio in the range of
38 to 40 grants per program manager would appear to be adequate. While a ratio approaching 26
grants per manager (as requested by OJJDP) would certainly allow for a great deal of flexibility
in the schedule of each program manager, as well as the potential for greater individual attention
to each grantee, it must be remembered that the DFCA program was envisioned as involving
very low administrative and bureaucratic overhead--lower than that of the typical Federal grant
program. The Committee believes that to keep those administrative costs low, only such staff as
necessary should be added.
According to OJJDP, the cost of adding each new professional staffer is $100,000. Set forth
below is a chart showing what the cost would be per year to keep the grants-to-program manager
ratio at its current level of 44, to reduce it to 40, and to reduce it still further to 38. (Each grant is
assumed to be $100,000, which is the assumption used by OJJDP in the calculations provided to
the Committee and its staff.) 1
[Footnote]
[Footnote 1: Note that this chart overstates the number of program managers required, since it
does not subtract administrative expenses from the total funds available for grants. For example,
in fiscal year 2002, the actual number of grants which OJJDP would have to manage would be
less than 500 once administrative costs were subtracted from the $50,600,000 authorized for
DFCA.J

FY
40

Total cost (millions)
Total funds (millions) Total grants Staffers
44
44 40 38
38

2002
$1.3 $1.3
2003
1.5 1.6

$50.6

506

12 13 13

$1.2

60

600

4 15 16

1.4

2004
1.8 1.8
.2005
2 2.1
2006
2.3 2.4
2007
2.5 2.6

70

700

16 18 18

1.6

80

800

18 20 21

1.8

90

900

21 23 24

2.1

99

990

23 25 26

2.3

2. Peer review of grant applications, and marketing and publicity of the DFCA program, by
Aspen Systems Corporation
According to the written responses provided to the Committee, OJJDP has contracted with
Aspen Systems Corporation to provide 3 services: (1) a 'peer review' of grant applicants as part
of the application process; (2) development of publications on the DFCA program; and (3)
website support and information dissemination activities. From 1998 through 2000, OJJDP
reports paying $289,000 per year to Aspen for these services. According to OJJDP, it plans to
pay Aspen $325,000 in 2002. While OJJDP did not state precisely how much it planned to pay
Aspen in the years after 2002, it predicted 'proportional growth' as the number of grants
increased.
Assuming proportional growth (to match the growth in total funds for DFCA), the Committee
projects the approximate growth of this cost as follows:

1200411

447,0001
1200511 510.0001

i92JLJ '00011
3. Technical assistance and training provided by the CAPTs
OJJDP reports that it has agreed with CSAP that the CAPTs will (1) provide to each DFCA
grantee 8 hours of technical assistance upon request, (2) allow grantees to attend regional
training conferences registration-free, (3) provide a Drug-Free Communities Grantee Workshop
(at which an overview of the CAPTs' research and training is presented), and (4) provide training
to potential applicants and/or unsuccessful applicants for DFCA grants to assist them with the
application process.
OJJDP informed Committee staff that it costs approximately $1 ,000 per grantee to provide these
services. Subsequently, OJJDP stated that the $1,000 figure was arrived at simply by dividing the
$350,000 it paid to CSA.P by the total number of grantees (307). It is therefore not clear how
much the total cost will grow as the number of grantees grows, since the cost of some of the

services provided by the CAPTs (such as the Workshop and the conferences) may not vary
significantly with the number of participants.
However, using the $1,000 figure per grantee produces the following rough estimate of the future
costs: 2
[Footnote]
[Footnote 2: As was the case with the number of program managers, this estimate overstates the
amount required, since administrative costs have not yet been subtracted from the total funds
available for grants; also, 5 percent of the total funds would be spent on mentoring grants, which
would not carry with them the requirement for additional CAPTs training.]

600
700

4. Independent evaluation by Caliber Associates
According to ONDCP, the independent evaluation is designed to measure: '(1) The impact of
coalition efforts on community capacity for prevention service delivery and (2) the degree to
which coalition efforts result in a strengthened community response to alcohol, tobacco, and
other drug problems.! It is a 5-year study. ONDCP spent $600,000 from 1998 to 2000 on this
evaluation, and plans to spend the same amount in 2001. It proposes, however, to increase the
funding for it by $50,000 increments, up to a maximum of $750,000.
Due to the difficulties involved in quantifying the 'results' of the DFCA program and the
problems entailed in comparing the effectiveness of coalitions in widely varying local
circumstances, the evaluation does not attempt to determine whether individual coalitions have
been effective. Indeed, since so many variables are involved in attempting to quantify both the
nation's drug problem and efforts to deal with it, the independent evaluation cannot reasonably
be expected to provide a comprehensive, quantifiable analysis of the results of the program as a
whole. Instead, the independent evaluation is designed principally to attempt to identify coalition
activities that have proven effective. The evaluation thus relies primarily on analyzing the
activities of a representative sample of the coalitions, rather than analyzing in detail the activities
of all of the coalitions.
The Committee acknowledges the difficulties inherent in evaluating a program like the DFCA
program. Under the circumstances, the Caliber Associates evaluation is probably the best
possible evaluation that can be achieved, particularly given the intent of Congress to minimize
the administrative costs of the program. Because of these inherent difficulties, however, the

Committee does not believe that increasing the funding of the evaluation or attempting to expand
it would be likely to be very fruitful. Since the evaluation relies primarily on a representative
sample for its most significant findings, there is little need for increased funding, even as the
number of grantees grows. Indeed, if the evaluation really had to be increased to match the
growing number of grants, it would have to rise by more than $150,000 over the next 5 fiscal
years. Thus, the Committee believes that the current funding level of $600,000 per year is
sufficient.
5. Salary and costs of ONDCP Administrator and Advisory Commission
In accordance with the statute, ONDCP has assigned a program Administrator to oversee the
DFCA program. The DFCA also established an Advisory Commission, consisting of
representatives (appointed by the President) of the public, of non-profit organizations, and state
agencies with experience in substance abuse prevention. The Advisory Commission makes
recommendations to ONDCP regarding the DFCA program, and may collect information on
substance abuse prevention and make that information available to eligible coalitions and the
general public through publications and workshops or conferences.
ONDCP has spent $200,000 per year to pay the salary and expenses of the DFCA Administrator
and the Advisory Commission established by the statute. ONDCP has informed the Committee
that it will not need to increase that figure through 2007.
6. Other administrative costs
The Committee asked ONDCP and OJJDP to describe any additional costs that they believed
should be paid for out of the amounts authorized for administrative costs. In its written response,
these agencies did not identify any such additional costs. Subsequently the Committee's staff was
informed (1) that travel costs had not been included in previous cost forecasts, and (2) that
additional administrative staff would need to be added at OJJDP (beyond the additional program
managers). The Committee has not received sufficient documentation of these costs to be able to
quantify or evaluate them.
7. Total administrative costs
Adding up all of the costs identified by ONDCP and OJJDP, and holding the funding of the
Caliber Associates evaluation constant at $600,000, the following would be the approximate total
administrative costs per year and the percentage of the total funding, if the grants per program
manager were held constant at 44, or were reduced to 40 or 38: 3
[Footnote]
[Footnote 3 This chart reflects both the reduction in the number of total grants due to the
subtraction of administrative costs, and the fact that 5 percent of the grants will be mentoring
grants which are set at $75,000 instead of $100,000.]

40 grants per program
Fiscal year 44 grants per program manager
38 grants per program manager
manager
In
In millions Percent
In millions Percent
millions Percent

2002
$2.80
2003
3.18
2004
3.58
2005
3.98
2006
4.38
2007
4.74

5.5
5.3
5.1
5.0
4.9
4.8

$2.69
$2.86
3.05
3.25
3.43
3.66
3.80
4.07
4.18
4.49
4.52
4.86

5.3
5.7
5.1
5.4
4.9
5.2
4.8
5.1
4.6
5.0
4.6
4.9

The preceding chart indicates that the-total administrative costs will fall as a percentage of the
total funds authorized from 2002 through 2007. Moreover, it indicates that the 6 percent
administrative cost cap permitted by the amended bill should be more
than sufficient to allow ONDCP and OJJDP to reduce the grants-per-program manager ratio by a
significant amount. The Committee acknowledges that the preceding estimates, being limited to
those costs for which sufficient information and documentation were provided, may not include
every possible administrative cost of the program. However, the creation of new entities to assist
coalitions also strongly suggests that some cost reduction reasonably may be expected within the
delineated categories. Even at the 38 grants-per-manager level, the authorized administrative cost
limit will still leave additional ftmds to meet other needs. It is no doubt the case that choices will
have to be made about where to allocate these administrative resources. In the view of the
Committee, however, that was part of Congress' original intent in establishing an administrative
cost cap: to control the growth of the bureaucracy and to ensure that the maximum number of
dollars goes to the local coalitions.
8. Additional views concerning the administrative expenses cap

As acknowledged above, there was a dispute about the appropriate level for the cap on
administrative expenses for the DFCA program. Both the House and Senate bills set the level at
8 percent, which was the level requested by both the Clinton and Bush Administrations. The
bill's sponsors on both the House and Senate side have expressed concern that cutting the
administrative costs to 6 percent would jeopardize the administration of the program. The
Committee agrees that continued review of the proper level to be authorized for administrative
expenses of this program is warranted, and will monitor this issue next year after the changes
made by this legislation are put in place. The Committee acknowledges that, even at 8 percent,
the administrative costs would still be lower than those for other Department of Justice programs
including the At-Risk Children program (10 percent) and the Drug Court program (up to 15
percent for training and technical assistance alone).

C. Additional grants (Sec. 1(d))
Under the original DFCA, after being awarded an initial grant, a local coalition was entitled to
reapply for a renewal grant for four additional years. No provision was made for additional aid
after that point. This reflected in part Congress' intention that Federal aid to local coalitions
would only be temporary, enabling the coalitions to establish themselves and begin their antidrug efforts, but not to become permanently dependent on Federal funding. The Committee
continues to support that goal. Representatives of many of the coalitions, however, informed the
Committee and the bill's sponsors on both the House and Senate side that an abrupt cessation of
Federal assistance would cause many of these coalitions to halt their activities. After five years,
many of these coalitions (being primarily voluntary organizations) have only just begun to make
a difference in their communities. A limit of 5 years, while certainly supportive of the goal of
financial independence, may have the additional and unintended effect of withdrawing assistance
from some coalitions just as they are starting to become effective.
The reauthorizing legislation therefore allows for a second five-year period of Federal funding,
but only with certain restrictions. First, ONDCP may not accord any priority during the
application process to a coalition because of its status as a previous grantee; that coalition must
compete with all other applicants on an equal footing. Second, any renewal grants are subject to
an increased matching requirement, under which the coalition must raise $1.25 in non-Federal
funds for every dollar of DFCA funds it receives for the first two renewal grants, and
approximately $1.33 in non-Federal funds for every DFCA dollar for the last two renewal grants.
D. Data collection and dissemination (Sec. 1(e))
This subsection directs the program Administrator to carry out data collection and dissemination
activities under Section 1033(b) of the DFCA in consultation with the Advisory Commission and
the National Community Antidrug Coalition Institute created by this legislation. This provision
is intended to ensure that the resources and experience of the Advisory Commission and the new
Institute are fully utilized for these important activities.
E. Limitation on use of certain funds for evaluation ofprogram (Sec. 1(f))
This provision codifies Congress' original understanding that the cost of any program evaluation
is an administrative expense subject to the limitation on administrative expenses. Indeed, as two
committees of the United States informed ONDCP, the cost of evaluation, technical assistance
and training are considered to be administrative costs subject to the cap. (See Administrative
Cost Study, submitted by ONDCP to the Senate Appropriations Committee, January 18, 2001,
page 8.)
F. Treatment offunds for coalitions representing certain organizations (Sec. 1(g))

This provision remedies a problem that had arisen under the previous statute in the treatment of
coalitions that serve Indian tribes and include representatives of tribal government agencies (as
specifically allowed by the DFCA). The Committee was informed that it is frequently more
difficult for coalitions serving Indian tribes to raise non-Federal funds to meet the matching

requirement under Section 1032 of the DFCA. These coalitions typically receive Federal funds
(other than DFCA funds) instead of State government funds for anti-drug activities, putting those
coalitions at a comparative disadvantage to coalitions with greater access to State and local
government funds.
ONDCP informed the Committee that pursuant to Federal Indian law, ONDCP has the authority
to waive or modify the matching requirement for tribes that are Federally recognized and enjoy a
government-to-government relationship with the United States. However, this authority would
not extend to non-Federally recognized tribes.
This provision therefore enables any coalition including a representative of the Bureau of Indian
Affairs, the Indian Health Service, or a tribal government agency with
expertise in the field of substance abuse prevention, to count any funds it receives from any
source, including Federal sources (other than the DFCA program itself), as non-Federal funds for
purposes of the matching requirement. This subsection removes the barrier to receiving DFCA
funds and eliminates any disparity in the treatment of coalitions serving Federally-recognized
and non-Federally recognized tribes.
G. Priority in awarding grants (Sec. 1(h))

Several members of the Committee expressed their concern that coalitions serving economically
disadvantaged communities might face added difficulties in obtaining grants under the DFCA.
Since these coalitions may lack the same resources available to coalitions from more prosperous
communities, their applications may not seem as well supported as those of other coalitions. This
provision seeks to remedy this imbalance, by directing those evaluating grant applications to give
priority to coalitions serving economically disadvantaged communities. This subsection should
not be read, however, to mean that any coalition (whether serving an economically
disadvantaged community or not) should be excused from the minimum criteria and standards
necessary to receive a grant. It is not the Committee's intent that this provision eliminate those
criteria and standards. Rather, the Committee intends that among those coalitions meeting those
minimum criteria and standards, priority is to be given to the ones that serve our nation's neediest
areas.
H. Supplemental grants for coalition menroring activities (Sec. 2)

A number of established coalitions with proven histories of success have expressed an interest in
mentoring new and/or struggling coalitions, particularly in neighboring communities. Rather
than creating a new and separate grant program, the bill will authorize certain coalitions to apply
for a supplemental grant of up to $75,000. Up to 5 percent of the total funds authorized under
DFCA may be used for these grants. This coalition mentoring grant program capitalizes on the
idea, which underpins the entire DFCA, that local communities, rather than the Federal
government, often know how best to address challenges in those communities. The Committee
expects that as a result of these mentoring grants, new coalitions can have the benefit of local
insights and common experiences when addressing similar problems.

Section 2 of H.R. 2291, as amended, imposes a number of conditions on the receipt of these
grants, including requirements that a grantee have been in existence for at least 5 years, and that
it have achieved demonstrable results in the prevention and treatment of substance abuse among
youth. Renewal grants are allowed. A non-Federal funds matching requirement identical to that
applying to general grants is imposed, but with an exception for coalitions serving Indian tribes
(identical to that described in part II.F above). There is no requirement that the non-Federal
funds have been raised specifically for mentoring purposes; rather, funds raised for any antisubstance abuse activities may be counted against the matching requirement.
To ensure that coalitions are given an appropriate incentive to mentor coalitions serving those
most in need, priority in awarding these grants is to be given to coalitions expressly proposing to
mentor coalitions or aspiring coalitions serving economically disadvantaged areas.
I. Five-year extension of advisory commission on drug-free communities (Sec. 3)
The Advisory Commission is reauthorized for an additional 5 years.
J Authorization for national community anti-drug coalition institute (Sec. 4)
In response to a perceived need on the part of many grant recipients for greater guidance and
information in carrying out their anti-substance abuse activities, the bill's drafters in both the
House of Representatives and the Senate looked for ways effectively to provide that guidance
and information. The end result of those efforts is the bill's authorization of a National
Community Anti-Drug Coalition Institute. The Institute is intended to (1) provide education,
training, and technical assistance for coalition leaders and community teams; (2) develop and
disseminate evaluation tools, mechanisms, and measures to better assess and document coalition
performance measures and outcomes; and (3) bridge the gap between research and practice by
translating knowledge from research into practical information. In response to concerns raised by
several members, the Committee added language directing the Institute to place special emphasis
on the development of coalitions serving economically disadvantaged areas.
To help create the Institute, the bill authorizes a federal grant, to be awarded by ONDCP to a
national organization that represents, provides technical assistance to and training to, and has
special expertise and broad, nation,al-level experience in working with DFCA coalitions. The
Committee expects that ONDCP will ensure that a competitive process, in accordance with
applicable Federal law, will be used to determine the ultimate recipient of that grant.
Nevertheless, only one such organization, Community Anti-Drug Coalitions of America
(CADCA), has communicated with the Committee regarding the legislation. Thus, the
Committee received extensive information from CADCA concerning its views of possible future
goals and activities of the Institute.
The bill authorizes up to $2,000,000 in each of fiscal years 2002 and 2003 for the grant
establishing the Institute. CADCA has expressed the view that it believes the Institute could
expect to receive sufficient outside funding after 2003 to enable it to achieve financial
independence. Nevertheless, some provision should be made for financial assistance to the
Institute (regardless of which organization ultimately receives the grant) from fiscal years 2004

through 2007, should insufficient non-Federal funding be available. The Committee believes that
a cap on such assistance of $1,000,000 in fiscal years 2004 and 2005, and $750,000 in fiscal
years 2006 and 2007, will balance the
need for contingent financial assistance with the intent of the Committee that the Institute move
quickly towards independence from Federal support.
The Committee had some concerns with respect to the level of the initial grants in 2002 and
2003. CADCA submitted to the Committee its view of a proposed budget for the Institute which,
while describing activities and expenditures that undoubtedly have great merit, suggests the risk
of duplicating some tasks already being undertaken or commissioned by ONDCP and/or OJJDP.
The Committee expects that the ultimate recipient of the Institute grants will take its own steps to
ensure that such duplication of effort does not occur and that overall costs are minimized as
much as possible.
K. Prohibition against duplication of effort (Sec. 5)
The Committee is very concerned that the creation of the mentoring grants and the Institute,
coupled with the raising of the administrative expenses cap, poses a significant danger of
duplication of tasks among all the various entities providing monitoring, training and technical
assistance, and/or evaluation services to DFCA grantees. Such duplication of tasks would be
antithetical to one of the central purposes of the DFCA, namely to minimize the number of
dollars spent on administrative overhead while maximizing the number of dollars directed to the
coalitions themselves. This section instructs the Director of ONDCP to take affirmative steps to
ensure that such duplication of effort does not occur.

VI. SECTION-BY-SECTION SUMMARY

SECTION 1. FIVE YEAR EXTENSION OF DRUG-FREE
COMMUNITIES SUPPORT PROGRAM
The Drug-Free Communities Act program is reauthorized for five years, from fiscal year 2003
through fiscal year 2007. The amounts authorized for the program are increased in fiscal year
2002 (the last year of authorization under the current DFCA) to $50,600,000 in fiscal year 2002;
thereafter $60,000,000 is authorized in fiscal year 2003, $70,000,000 in fiscal year 2004,
$80,000,000 in fiscal year 2005, $90,000,000 in fiscal year 2006, and $99,000,000 in fiscal year
2007. The limitation on administrative costs is extended through fiscal year 2007, but is raised
for fiscal years 2002 through 2007 to 6 percent of the amounts authorized.
Authority is given to the program Administrator to make additional grants to coalitions that
already received an initial grant and 4 renewal grants. No priority is to be given these coalitions
during the application process, however. Moreover, renewal grants for these additional grants are
subject to a more stringent matching requirement, under which the renewal grant may be equal to
no more than 80 percent of the total non-Federal funds raised by the coalition for the first two

years after the initial grant, and 67 percent for the final two years. These grants remain capped at
$100,000 per year.
The program Administrator is directed to carry out data collection and dissemination activities
under Section 1033(b) of the original DFCA in consultation with the Advisory Commission and
the National Community Antidrug Coalition Institute established by Section 4 of this bill.
This Section provides that amounts expended on a program evaluation are to be derived from the
amounts authorized for administrative expenses only, and not from any other funds authorized by
the DFCA.
The non-Federal fundraising matching requirement is changed for coalitions serving Indian
communities by allowing such coalitions to include Federal funds appropriated to them for
substance abuse activities.
This Section provides that priority in awarding DFCA grants is to be given to otherwise eligible
coalitions that serve economically disadvantaged areas.

SECTION 2. SUPPLEMENTAL GRANTS FOR
COALITION MENTORING ACTIVITIES UNDER DRUGFREE COMMUNITIES SUPPORT PROGRAM
Section 2 authorizes the Administrator to award supplemental grants to coalitions already
receiving DFCA grants, for the purpose of supporting the mentoring of new or emerging
coalitions. The criteria for receiving such a grant are listed in Section 2(d). Renewal grants are
permitted under certain conditions. The grants are limited to $75,000 per year, and the total
amount of all such grants cannot exceed 5 percent of the funds authorized under the DFCA.
Priority for the grants is given to coalitions expressly proposing to assist coalitions serving
economically disadvantaged areas.

SECTION 3. FIVE-YEAR EXTENSION OF ADVISORY
COMMISSION ON DRUG-FREE COMMUNITIES
The Advisory Commission is reauthorized through fiscal year 2007.

SECTION 4. AUTHORIZATION FOR NATIONAL
COMMUNITY ANTI-DRUG COALITION INSTITUTE
This Section authorizes the ONDCP Director to award a grant to a private, not-for-profit
organization with substantial experience in working with community anti-drug coalitions for the
purpose of establishing a National Community Anti-Drug Coalition Institute. The Institute's
activities are outlined in subsection (c). Up to $2,000,000 for each of fiscal years 2002 and 2003

is authorized for this grant. If necessary, up to $1,000,000 may be awarded to the Institute in
each of fiscal years 2004 and 2005, and up to $750,000 in each of fiscal years 2006 and 2007.

SECTION 5. PROHIBITION AGAINST DUPLICATION
OF EFFORT
The Director of ONDCP is instructed to take steps to ensure no duplication of effort by entities
receiving funds under the DFCA or under Section 4 of this bill.
VII. STATEMENT OF CBO COST ESTIMATE
Pursuant to rule XIII, clause 3(c)(3) of the Rules of the House of Representatives, the Committee
was provided the following estimate of the cost of H.R. 2291 prepared by the Congressional
Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 30, 2001.
Hon. DAN BURTON,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost
estimate for H.R. 2291, a bill to extend the authorization of the Drug-Free Communities Support
Program for an additional 5 years, to authorize a National Community Antidrug Coalition
Institute, and for other purposes.
If you wish further details on this estimate, we will be pleased to provide them. The CBO staff
contact is Mark Grabowicz.
Sincerely,
Barry B. Anderson,
(For Dan L. Crippen, Director,).
Enclosure.
I-JR. 2291--A bill to extend the authorization of the Drug-Free Communities Support Program
for an additional 5 years, to authorize a National Community Antidrug Coalition Institute, and
for other purposes

Summary: HR. 2291 would authorize the appropriation of $406 million over the 2002-2007
period to extend the Drug-Free Communities Support Program. In addition, the bill would
authorize the appropriation of $7.5 million over the 2002-2007 period to establish a National
Community Antidrug Coalition Institute.
Assuming appropriation of the authorized amounts, CBO estimates that implementing HR. 2291
would cost $235 million over the 2002-2006 period, mostly for the Drug-Free Communities
Support Program. This legislation would not affect direct spending or receipts so pay-as-you-go
procedures would not apply.
H.R. 2291 contains no intergovernmental or private-sector mandates as defined in the Unfunded
Mandates Reform Act (UMRA). Any costs to state and local governments receiving grants under
this bill would be incurred voluntarily.
Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2291 is
shown in the following table. For the purposes of this estimate, CBO assumes that the authorized
amounts will be appropriated by the start of each fiscal year and that spending would follow the
historical spending rates for these or similar activities. The cost of this legislation falls within
budget function 800 (general government).

By fiscal year in millions of dollars
2001 2002 2003 2004 2005 2006

SPENDING SUBJECT TO APPROPRIATION
Spending under current law for the Drug-Free Communities Support Program:
Authorization level 1
0
0
0
0
44
40
Estimated outlays
0
0
30
9
31
39
Proposed Changes.:
Authorization level
91
71
81
62
0
9
Estimated outlays
72
82
24
53
4
0
Spending under H.R. 2291 for the Drug-Free Communties Support Program and the
National Community Anti-Drug Coalition Institute:
Authorization level 1
71
91
81
62
40
53
Estimated outlays
72
82
62
43
54
31

Pay-as-you-go considerations: None.

Intergovernmental and private-sector impact: HR. 2291 contains no intergovernmental mandates
as defined in UIMIRA. Any costs of state and local governments receiving grants under this bill
would be incurred voluntarily.
Estimated prepared by: Federal costs: Mark Grabowicz; impact on State, local, and tribal
governments: Susan Sieg Tompkins; impact on the the private sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant Director of Budget Analysis.

V11I. STATEMENT OF CONSTITUTIONAL AUTHORiTY
Pursuant to rule XIII, clause 3(d)(1) of the Rules of the House of Representatives, the Committee
finds that Congress is specifically granted the power to enact this law under Article I, Section 8,
clause 1 under which Congress is granted the 'Power To * * * provide for the * * * general
Welfare of the United States[]t
IX. FEDERAL ADVISORY COMMITTEE ACT (5 U.S.C. APP.) SECTION
5(B)
As H.R. 2291 does not establish a new advisory committee within the meaning of Section 5(b) of
the Federal Advisory Committee Act, no statement under that section is necessary. The
Committee refers interested parties to Section IX of Report 105-105, dated May 20, 1997, which
contains the Section 5(b) statement for the Advisory Commission created by the original DFCA.

X. CHANGES 1N EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives,
changes in existing law made by the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets; new matter is printed in italic,
existing law in which no change is proposed is shown in roman):

NATIONAL NARCOTICS LEADERSHIP ACT OF 1988
TITLE I--COORDINATION OF NATIONAL DRUG POLICY
Subtitle A--National Drug Control Program

SEC. 1001. SHORT TITLE.
This subtitle may be cited as the 'National Narcotics Leadership Act of 1988.
*******

CHAPTER 2--DRUG.FREE COMMUNITIES

* * * ** * *

SEC. 1024. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to the Office of National
Drug Control Policy to carry out this chapter(1) * * *

(4) $40,000,000 for fiscal year 2001; [Struck out->J[ and I [<-Struckout]
[Struckout->][ (5) $43,500,000 for fiscal year 2002. j[<-Struckout]
(5) $50,600,000for fiscal year 2002;

(6) $60,000, 000 for fiscal year 2003;
(7) $70,000,000 for fiscal year 2004;
(8) $80,000,000 for fiscal year 2005;
(9) $90,000,000 for fiscal year 2006; and
(10) $99,000,000 for fiscal year 2007.
(b) ADMINISTRATIVE COSTS- Not more than the following percentages of the
amounts authorized under subsection (a) may be used to pay administrative costs:
(1) * * *

[Struckout->}( (5) 3 percent for fiscal year 2002. ][<-StrUckOut]
(5) 6percentfor each offiscal years 2002 through 2007.

SUBCHAPTER I--DRUG-FREE COMMUNITIES SUPPORT PROGRAM

SEC. 1032. PROGRAM AUTHORIZATION.
(a) * * *
(b) GRANT AMOUNTS(1) * * *

(3 ADDITIONAL GRANTS(A) IN GENERAL- Subject to subparagraph (F), the Administrator may
award an additional grant under this paragraph to an eligible coalition
awarded a grant under paragraph (1) or 2,) for any first fiscal year afler

the end of the 4-year periodfollowing the period of the initial grant under
paragraph (1) or (2), as the case may be.
(73) SCOPE OF GRANTS- A coalition awarded a grant under paragraph
(1) or (2), including a renewal grant under such paragraph, may not be
awarded another grant under such paragraph, and is eligible for an
additional grant under this section only under this paragraph.
(C) NO PRIORITY FOR APPLICATIONS- The Administrator may not
afford a higher priority in the award of an additional grant under this
paragraph than the Administrator would afford the applicant for the grant
f the applicant were submitting an application for an initial grant under
paragraph (1) or (2) rather than an application for a grant under this
paragraph
(D) RENEWAL GRANTS- Subject to subparagraph (F), the Administrator
may award a renewal grant to a grant recipient under this paragraph for
each of the fiscal years of the 4-fiscal-year period following the fiscal year
for which the initial additional grant under subparagraph (A) is awarded
in an amount not to exceed amounts as follows:
(1) For the first and second fiscal years of that 4-fiscal-year period,
the amount equal to 80 percent of the non-Federal funds, including
in-kind contributions, raised by the coalition for the applicable
fiscal year.
(ii) For the third and fourth fiscal years of that 4-fiscal-year
period the amount equal to 67 percent of the non-Federal funds,
including in-kind contributions, raised by the coalition for the
applicable fiscal year.
(E) SUSPENSION- If a grant recipient under this paragraph fails to
continue to meet the criteria specfled in subsection (a), the Administrator
may suspend the grant, after providing written notice tothe grant
recipient and an opportunity to appeal.
(F) LIMITATION- The amount of a grant award under this paragraph
may not exceed $1 00,000 for afiscal year.
(c) TREA TMENT OF FUNDS FOR COALITIONS REPRESENTING CERTAIN
ORGANIZATIONS- Funds appropriated for the substance abuse activities of a coalition
that includes a representative of the Bureau of Indian Affairs, the Indian Health Service,
or a tribal government agency with expertise in the field of substance abuse may be
counted as non-Federal funds raised by the coalition for purposes of this section.
(d) PRIORITY INA WARDING GRANTS- In awarding grants under subsection
(b)(1)(A)(i,), priority shall be given to a coalition serving economically disadvantaged
areas.

SEC. 1033. INFORMATION COLLECTION AND DISSEMINATION WITH
RESPECT TO GRANT RECIPIENTS.
(a) * * *
(b) DATA COLLECTION AND DISSEMINATION(1) * * *

(3) CONSUL TA TION- The Administrator shall carry out activities under this
subsection in consultation with the Advisory Commission and the National
Community Antidrug Coalition Institute.
(4) LIMITATION ON USE OF CERTAIN FUNDS FOR EVALUATION OF
PROGRAM- Amounts for activities under paragraph (2)(B) may not be derived
from amounts under section 1 024(a) except for amounts that are available under
section 1024(b) for administrative costs.

SEC. 1035. SUPPLEMENTAL GRANTS FOR COALITION MENTORING
A C TI VI TIES.
(a) A UTHORITY TO MAKE GRANTS- As part of the program established under section
103], the Director may award an initial grant under this subsection, and renewal grants
under subsection (/), to any coalition awarded a grant under section 1032 that meets the
criteria spec/led in subsection (d) in order to fund coalition mentoring activities by such
coalition in support of the program.
(b) TREA TMENT WITH OTHER GRANTS(1) SUPPLEMENT- A grant awarded to a coalition under this section is in
addition to any grant awarded to the coalition under section 1032.
(2) REQUIREMENT FOR BASIC GRANT- A coalition may not be awarded a
grant under this section for aJiscal year unless the coalition was awarded a grant
or renewal grant under section 1032(b) for that fiscal year.
(c) 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.
(d) CRITERIA- A coalition meets the criteria specified in this subsection fthe coalition-(1) has been in existence for at least 5 years;
(2) has achieved, by or through its own efforts, measurable results in the
prevention and treatment of substance abuse among youth;
(3) has staff or members willing to serve as mentors for persons seeking to start
or expand the activities of other coalitions in the prevention and treatment of
substance abuse;
(4) has demonstrable support from some members of the community in which the
coalition mentoring activities to be supported by the grant under this section are
to be carried out; and
(5) submits to the Administrator a detailed plan for the coalition mentoring
activities to be supported by the grant under this section.
(e) USE OF GRANT FUNDS- A coalition awarded a grant under this section shall use
the grant amount fdr mentoring activities to support and encourage the development of
new, self-supporting community coalitions that are focused on the prevention and
treatment of substance abuse in such new coalitions' communities. The mentoring

coalition shall encourage such development in accordance with the plan submitted by the
mentoring coalition under subsection (d)(5).
(f) 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,
f the coalition, at the time of application for such renewal grant-(1) continues to meet the criteria specied in subsection (d); and
(2) has made demonstrable progress in the development of one or more new, selfsupporting community coalitions that are focused on the prevention and treatment
of substance abuse.
(g) GRANT AMOUNTS(1) IN GENERAL- Subject to paragraphs (2) and (3), the total amount of grants
awarded to a coalition under this section for afiscal year may not exceed the
amount of non-Federal funds raised by the coalition, including in-kind
contributions, for that JIscal year. Funds appropriated for the substance abuse
activities of a coalition that includes a representative of the Bureau of Indian
Affairs, the Indian Health Service, or a tribal government agency with expertise in
the field of substance abuse may be counted as non-Federal funds raised by the
coalition.
(2) INITIAL GRANTS- The amount of the initial grant awarded to a coalition
under subsection (a) may not exceed $75, 000.
(3) RENEWAL GRANTS- The total amount of renewal grants awarded to a
coalition under subsection (/)for any fiscal year may not exceed $75, 000.
(h) FISCAL YEAR LIMITATION ON AMOUNT A VAILABLE FOR GRANTS- The total
amount available for grants under this section, including renewal grants under
subsection (/), in any fiscal year may not exceed the amount equal to five percent of the
amount authorized to be appropriated by section 1024(a) for that fiscal year.
(i) PRIORITY IN A WARDING INITIAL GRANTS- In awarding initial grants under this
section, priority shall be given to a coalition that expressly proposes to provide
mentorship to a coalition or aspiring coalition serving economically disadvantaged
areas.

SUBCHAPTER Il--ADVISORY COMMISSION

SEC. 1048. TERMINATION.
The Advisory Commission shall terminate at the end of fiscal year [Struck out->}[ 2002
[<-Struck out] 2007.

XI. CONGRESSIONAL ACCOUNTABILITY ACT; PUBLIC LAW 104-1

The Committee finds that the legislation does not relate to the terms and conditions of
employment or access to public services or accommodations within the meaning of Section
102(b)(3) of the Congressional Accountability Act (PL 104-1).

XII. BUDGET ANALYSIS
Pursuant to rule XIII, clause 3(c)(2) of the Rules of the House of Representatives, and Section
308(a) of the Congressional Budget Act of 1974, the Committee finds that no new budget
authority, new spending authority, new credit authority or an increase or decrease in revenues or
tax expenditures results from enactment of this resolution.

XIII. UNFUNDED MANDATES REFORM ACT; PUBLIC LAW 104-4
SECTION 423
The Committee finds that the legislation does not impose any Federal mandates within the
meaning of Section 423 of the Unfunded Mandates Reform Act (P.L. 104-4).

XIV. APPENDIX
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, July 30, 2001.

Hon. DAN BURTON,
Chairman, Committee on Government Reform,
Raybum House Office Building, Washington, DC.
DEAR CHAIRMAN BURTON: I am iting with regard to H.R. 2291, which the Committee on
Government Reform ordered reported on July 25, 2001. The Committee on Energy and
Commerce was named as an additional Committee of jurisdiction upon the bilPs introduction.
I recognize your desire to bring this bill before the House in an expeditious manner.
Accordingly, I will not exercise the Committees right to exercise its referral. By agreeing to
waive its consideration of the bill, however, the Energy and Commerce Committee does not
waive its jurisdiction over H.R. 2291. In addition, the Energy and Commerce Committee
reserves its authority to seek conferees on any provisions of the bill that are within its jurisdiction
during any House-Senate conference that may be convened on this similar legislation. I ask for
your commitment to support any request by the Energy and Commerce Committee for conferees
on HR. 2291 or similar legislation.
I request that you include this letter as a part of the Committee's report on H.R. 2291 and in the
Congressional Record during debate on its provisions. Thank you for your attention to these
matters.

Sincerely,
W.J. 'Billy' Tauzin,
Chairman.

House of Representatives,
Committee on Government Reform,
Washington, DC, July 30, 2001.
Hon. W.J. 'BILLY' TAUZIN,
Chairman, Committee on Energy and Commerce,
Raybum House Office Building, Washington, DC.
DEAR MR. CHAIRMAN: Thank you for your letter of July 30, 2001, regarding H.R. 2291, a
bill to extend the authorization of the Drug-Free Communities Support Program.
I agree that the Committee on Energy and Commerce has valid jurisdictional claims to certain
provisions of this legislation, and I appreciate your decision not to exercise your referral in the
interest of expediting consideration of the bill. I agree that by foregoing your right to consider
this legislation, the Committee on Energy and Commerce is not waiving its jurisdiction. I will
also support your Committee's request to seek conferees on provisions of the bill that fall within
your jurisdiction, should the bill go to a House-Senate conference. Further, as your requested,
this exchange of letters will be included in the Committee report on the bill and in the
Congressional Record as part of the floor debate.
Thank you for your cooperation in this matter.
Sincerely,
Dan Burton,
Chairman.

in'

PUBLIC LAW 109-469-DEC. 29, 2006

OFFICE OF NATIONAL DRUG CONTROL
POLICY REAUTHORIZATION ACT OF 2006

120 STAT. 3502

PUBLIC LAW 109-469-DEC. 29, 2006

Public Law 109-469
109th Congress
An Act
Dec. 29, 2006
[HR. 63441
Office of National
DrgControl
eauration
21 USC 1701
note.

To reauthorize the Office of National Drug Control Policy Act.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Office of

National Drug Control Policy Reauthorization Act of 2006".
(b) AMENDMENT OF OFFICE OF NATIONAL DRUG CONTROL POLICY

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

is as follows:
Sec. 1. Short title, reference, and table of contents.
TITLE I-ORGANIZATION OF OFFICE OF NATIONAL DRUG CONTROL
POLICY AND ROLES AND RESPONSIBILITIES
Sec. 101. Amendments to definitions.
Sec. 102. Establishment of the Office of National Drug Control Policy.
Sec. 103. Appointment and responsibilities of the Director.
Sec. 104. Amendments to ensure coordination with other agencies.
Sec. 105. Budgetary matters.
TITLE 11-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 Ill-HIGH INTENSITY DRUG TRAFFICKING AREAS
Sec. 301. High Intensity Drug Trafficking Areas Program.
Sec. 302. Funding for certain high intensity drug trafficking areas.
Sec. 303. Assessment.
TITLE IV-TECHNOLOGY
Sec. 401. Counterdrug Technology Assessment Center.
TITLE V-NATIONAL YOUTH MEDIA CAMPAIGN
Sec. 501. National Youth Anti-Drug Media Campaign.
TITLE VI-AUTHORIZATIONS AND EXTENSION OF TERMINATION DATE
Sec. 601. Authorization of appropriations.
Sec. 602. Extension of termination date.
TITLE VII-ANTI-DOPING AGENCY
Sec. 701. Designation of United States Anti-Doping Agency.

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3503

Sec. 702. Records, audit, and report.
Sec. 703. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.

801.
802.
803.
804.
805.

TITLE VIII-DRUG-FREE COMMUNITIES
Reauthorization.
Suspension of grants.
Grant award increase.
Prohibition on additional eligibility criteria.
National Community Anti-Drug Coalition Institute.

TITLE TX-NATIONAL GUARD COUNTERDRUG SCHOOLS
Sec. 901. National Guard counterdrug schools.

Sec.
Sec.
Sec.
Sec.
Sec.

TITLE X-NATIONAL METHAMPHETAMINE INFORMATION
CLEARINGHOUSE ACT OF 2006
1001. Short title.
1002. Definitions.
1003. Establishment of clearinghouse and advisory council.
1004, NMIC requirements and review.
1005. Authorization of appropriations.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1101.
1102.
1103.
1104.
1105.
1106.

Sec. 1107.
Sec. 1108.
Sec. 1109.
Sec. 1110.
Sec. 1111.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1112.
1113.
1114.
1115.
1116.
1117.
1118.

Sec. 1119.
Sec. 1120.

TITLE XI-MISCELLANEOUS PROVISIONS
Repeals.
Controlled Substances Act amendments.
Report on law enforcement intelligence sharing.
Requirement for South American heroin strategy.
Model acts.
Study on iatrogenic addiction associated with prescription opioid analgesic drugs.
Requirement for strategy to stop Internet advertising of prescription
medicines without a prescription.
Requirement for study on diversion and inappropriate uses of prescription drugs.
Requirement for Afghan Heroin Strategy.
Requirement for Southwest Border Counternarcotics Strategy.
Requirement for Scientific Study of Mycoherbicide in Illicit Drug Crop
Eradication.
Requirement for Study of State Precursor Chemical Control Laws.
Requirement for Study of Drug Endangered Children Programs.
Study on drug court hearings in nontraditional places.
Report on tribal Government participation in HIDTA process.
Report on school drug testing.
Report on ONDCP performance bonuses.
Requirement for disclosure of Federal sponsorship of all Federal advertising or other communication materials.
Awards for demonstration programs by local partnerships to coerce abstinence in chronic hard-drug users under community supervision
through the use of drug testing and sanctions.
Policy relating to syringe exchange programs.

TITLE I-ORGANIZATION OF OFFICE OF
NATIONAL DRUG CONTROL POLICY
AND ROLES AND RESPONSIBILITIES
SEC. 101. AMENDMENTS TO DEFINITIONS.

(a) DEMAND REDUCTION.-Section 702(1) is amended(1) in subparagraph (F), by striking "and" after the semi-

colon;
(2) in paragraph (G), by striking the period at the end
and inserting ", including the testing of employees;"; and
(3) by adding at the end the following:
"(H) interventions for drug abuse and dependence;
"(I) international drug control coordination and
cooperation with respect to activities described in this paragraph; and

21 USC 1701.

120 STAT. 3504

PUBLIC LAW 109-469-DEC. 29, 2006

"(J) international drug abuse education, prevention,
treatment, research, rehabilitation activities, and interventions for drug abuse and dependence.".
(b) NATIONAL DRUG CONTROL PR0GRAM.-Section 702(6) is
amended by adding before the period the following: ", including
any activities involving supply reduction, demand reduction, or
State, local, and tribal affairs".
(c) PROGRAM CHANGE-Section 702(7) is amended by(1) striking "National Foreign Intelligence Program," and
inserting "National Intelligence Program,"; and
(2) inserting after "Related Activities," the following: "or
(for purposes of section 704(d)) an agency that is described
in section 530C(a) of title 28, United States Code,".
(d) OFFIcE.-Section 702(9) is amended by striking "implicates"
and inserting "indicates".
(e) STATE, LOCAL, AND TRIBAL AFFAIRS.-Paragraph (10) of
section 702 is amended to read as follows:
"(10) STATE, LOCAL, AND TRIBAL AFFAIRS.-The term 'State,
local, and tribal affairs' means domestic activities conducted
by a National Drug Control Program agency that are intended
to reduce the availability and use of illegal drugs, including"(A) coordination and enhancement of Federal, State,
local, and tribal law enforcement drug control efforts;
"(B) coordination and enhancement of efforts among
National Drug Control Program agencies and State, local,
and tribal demand reduction and supply reduction agencies;
"(C) coordination and enhancement of Federal, State,
local, and tribal law enforcement initiatives to gather, analyze, and disseminate information and law enforcement
intelligence relating to drug control among domestic law
enforcement agencies; and
"(D) other coordinated and joint initiatives among Federal, State, local, and tribal agencies to promote comprehensive drug control strategies designed to reduce the demand
for, and the availability of, illegal drugs.".
(f) SUPPLY REDUCTI0N.-Section 702(11) is amended to read
as follows:
"(11) SUPPLY REDUCTION.-The term 'supply reduction'
means any activity or program conducted by a National Drug
Control Program agency that is intended to reduce the availability or use of illegal drugs in the United States or abroad,
including"(A) law enforcement outside the United States;
"(B) source country programs, including economic
development programs primarily intended to reduce the
production or trafficking of illicit drugs;
"(C) activities to control international trafficking in,
and availability of, illegal drugs, including"(i) accurate assessment and monitoring of international drug production and interdiction programs
and policies; and
"(ii) coordination and promotion of compliance with
international treaties relating to the production,
transportation, or interdiction of illegal drugs;
"(D) activities to conduct and promote international
law enforcement programs and policies to reduce the supply
of drugs; and

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3505

"(E) activities to facilitate and enhance the sharing
of domestic and foreign intelligence information among
National Drug Control Program agencies, relating to the
production and trafficking of drugs in the United States
and in foreign countries.".
(g) DEFINITIONS OF APPROPRIATE CONGRESSIONAL COMMITrEES
AND LAW ENFORCEMENT.-SeCtion 702 is amended by adding at
the end the following:
"(12) APPROPRIATE CONGRESSIONAL COMMIrrEES.-Except
where otherwise provided, the term 'appropriate congressional
committees' means the Committee on the Judiciary, the Committee on Appropriations, and the Caucus on International
Narcotics Control of the Senate and the Committee on Government Reform, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
"(13) LAW ENFORCEMENT.-The term 'law enforcement' or
'drug law enforcement' means all efforts by a Federal, State,
local, or tribal government agency to enforce the drug laws
of the United States or any State, including investigation,
arrest, prosecution, and incarceration or other punishments
or penalties.".
SEC. 102. ESTABLISHMENT OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY.

(a) RESPONSIBILITIES.-Section 703(a) is amended to read as 21 USC 1702.
follows:
"(a) ESTABLISHMENT OF OFFICE.-There is established in the
Executive Office of the President an Office of National Drug Control
Policy, which shall-

"(1) develop national drug control policy;

"(2) coordinate and oversee the implementation of the
national drug control policy;
"(3) assess and certify the adequacy of National Drug Con Certification

(b) P0SITI0NS.-Section 703(b) is amended to read as follows:
"(b) DIRECTOR OF NATIONAL DRUG CONTROL POLICY AND
DEPUTY DIRECTORS."(1) DIRECT0R.-There shall be a Director of National Drug
Control Policy who shall head the Office (referred to in this
Act as the 'Director') and shall hold the same rank and status
as the head of an executive department listed in section 101
of title 5, United States Code.
"(2) DEPUTY DIRECTOR.-There shall be a Deputy Director
of National Drug Control Policy who shall report directly to
the Director (referred to in this Act as the 'Deputy Director').
"(3) OTHER DEPUTY DIRECTORS.-

"(A) IN GENERAL.-There shall be a Deputy Director
for Demand Reduction, a Deputy Director for Supply Reduction, and a Deputy Director for State, Local, and Tribal
Affairs.
"(B) REPORTING.-The Deputy Director for Demand
Reduction, the Deputy Director for Supply Reduction, and
the Deputy Director for State, Local, and Tribal Affairs

120 STAT. 3506

PUBLIC LAW 109-469-DEC. 29, 2006
shall report directly to the Deputy Director of the Office
of National Drug Control Policy.
"(C) DEPuTY DIRECTOR FOR DEMAND REDUCTION.-The
Deputy Director for Demand Reduction shall be responsible
for the activities in subparagraphs (A) through (H) of section 702(1).
"(D) DEPUTY DIRECTOR FOR SUPPLY REDUCTION.-The
Deputy Director for Supply Reduction shall-

"(i) have substantial experience and expertise in
drug interdiction and other supply reduction activities;
and
"(ii) be responsible for the activities in subparagraphs (A) through (C) in section 702(11).
"(E) DEPUTY DIRECTOR FOR STATE, LOCAL, AND TRIBAL
AFFAIRS.-The Deputy Director for State, Local, and Tribal
Affairs shall be responsible for the activities-

"(i) in subparagraphs (A) through (D) of section
702(10);
"(ii) in section 707, the High Intensity Drug Trafficking Areas Program; and
"(iii) in section 708, the Counterdrug Technology
Assessment Center.".
SEC. 103. APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR.
21 USC 1703.

Deadline.

(a) SuCCESsI0N.-Section 704(a) is amended by amending paragraph (3) to read as follows:
"(3) ACTING DIRECTOR.-If the Director dies, resigns, or
is otherwise unable to perform the functions and duties of
the office, the Deputy Director shall perform the functions
and duties of the Director temporarily in an acting capacity
pursuant to subchapter III of chapter 33 of title 5, United
States Code.".
(b) RESPONSIBILITIES.-Section 704(b) is amended-

(1) in paragraph (4), by striking "Federal departments and
agencies engaged in drug enforcement" and inserting "National
Drug Control Program agencies";
(2) in paragraph (7), by inserting after "President" the
following: "and the appropriate congressional committees";
(3) in paragraph (13), by striking "(beginning in 1999)";
(4) by striking paragraph (14) and inserting the following:
"(14) shall submit to the appropriate congressional committees on an annual basis, not later than 60 days after the
date of the last day of the applicable period, a summary of"(A) each of the evaluations received by the Director
under paragraph (13); and
"(B) the progress of each National Drug Control Program agency toward the drug control program goals of
the agency using the performance measures for the agency
developed under section 706(c);";
(5) in paragraph (15), by striking subparagraph (C) and
inserting the following:
"(C) supporting the substance abuse information
clearinghouse administered by the Administrator of the
Substance Abuse and Mental Health Services Administration and established in section 501(d)(16) of the Public
Health Service Act by-

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3507

"(i) encouraging all National Drug Control Program agencies to provide all appropriate and relevant
information; and
"(ii) supporting the dissemination of information
to all interested entities;"; and
(6) by inserting at the end the following:
"(16) shall coordinate with the private sector to promote
private research and development of medications to treat addiction;
"(17) shall seek the support and commitment of State,
local, and tribal officials in the formulation and implementation
of the National Drug Control Strategy;
"(18) shall monitor and evaluate the allocation of resources
among Federal law enforcement agencies in response to significant local and regional drug trafficking and production threats;
"(19) shall submit an annual report to Congress detailing
how the Office of National Drug Control Policy has consulted
with and assisted State, local, and tribal governments with
respect to the formulation and implementation of the National
Drug Control Strategy and other relevant issues; and
"(20) shall, within 1 year after the date of the enactment
of the Office of National Drug Control Policy Reauthorization
Act of 2006, report to Congress on the impact of each Federal
drug reduction strategy upon the availability, addiction rate,
use rate, and other harms of illegal drugs.".

Reports.

Deadline.
Reports.

(c) REVIEW AND CERTIFICATION OF NATIONAL DRUG CONTROL
PROGRAM BUDGET.-Section 704(c)(3) is amended-

(1) in subparagraph (C)(iii), by inserting "and the appropriate congressional committees," after "House of Representatives"; and
(2) in subparagraph (D)(ii)(II)(bb), by inserting "and the
appropriate congressional committees," after "House of Representatives".
(d) POWERS OF DIRECT0R.-Section 704(d) is amended(1) in paragraph (9), by striking "Strategy; and" and
inserting "Strategy and notify the appropriate congressional
committees of any fund control notice issued in accordance
with section 704(0(5);"; and
(2) in paragraph (10), by inserting before the period the
following: "and section 706 of the Department of State
Authorization Act for Fiscal Year 2003 (22 U.S.C. 229j-1)".
(e) FuND CONTROL No'rICEs.-Section 704(f) is amended by
adding at the end the following:

Notification.

"(4) CONGRESSIONAL NOTICE.-A copy of each fund control
notice shall be transmitted to the appropriate congressional
committees.
"(5) REsTRICTIONs.-The Director shall not issue a fund
control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account

be obligated, modified, or altered in any manner"(A) contrary, in whole or in part, to a specific appropriation; or
"(B) contrary, in whole or in part, to the expressed
intent of Congress.".
(f) DRUG INTERDICTION.-

(1) IN GENERAL.-Section 711 is amended by adding at 21 USC 1710.
the end the following:

120 STAT. 3508

PUBLIC LAW 109-469-DEC. 29, 2006

"SEC. 711. DRUG INTERDICTION COORDINATOR AND COMMITTEE.
"(a) UNITED STATES INTERDICTION COORDINATOR-

Deadline.

"(1) IN GENERAL-The United States Interdiction Coordinator shall perform the duties of that position described in
paragraph (2) and such other duties as may be determined
by the Director with respect to coordination of efforts to interdict illicit drugs from entering the United States.
"(2) RESPONSIBILITIES.-The United States Interdiction
Coordinator shall be responsible to the Director for"(A) coordinating the interdiction activities of the
National Drug Control Program agencies to ensure consistency with the National Drug Control Strategy;
"(B) on behalf of the Director, developing and issuing,
on or before March 1 of each year and in accordance with
paragraph (3), a National Interdiction Command and Control Plan to ensure the coordination and consistency
described in subparagraph (A);
"(C) assessing the sufficiency of assets committed to
illicit drug interdiction by the relevant National Drug Control Program agencies; and
"(D) advising the Director on the efforts of each
National Drug Control Program agency to implement the
National Interdiction Command and Control Plan.
"(3) STAFF.-The Director shall assign such permanent staff
of the Office as he considers appropriate to assist the United
States Interdiction Coordinator to carry out the responsibilities
described in paragraph (2), and may also, at his discretion,
request that appropriate National Drug Control Program agencies detail or assign staff to the Office of Supply Reduction
for that purpose.
"(4)
PLAN.-

NATIONAL INTERDICTION

COMMAND

AND CONTROL

"(A) PuRP0sES.-The National Interdiction Command
and Control Plan shall"(i) set forth the Government's strategy for drug
interdiction;
"(ii) state the specific roles and responsibilities
of the relevant National Drug Control Program agencies for implementing that strategy; and
"(iii) identify the specific resources required to
enable the relevant National Drug Control Program
agencies to implement that strategy.
"(B) CONSULTATION WITH OTHER AGENCIES.-The
United States Interdiction Coordinator shall issue the
National Interdiction Command and Control Plan in consultation with the other members of the Interdiction Committee described in subsection (b).
"(C) LIMITATION.-The National Interdiction Command
and Control Plan shall not change existing agency authorities or the laws governing interagency relationships, but
may include recommendations about changes to such
authorities or laws.
"(D) REPORT TO CONGRESS.-On or before March 1
of each year, the United States Interdiction Coordinator
shall provide a report on behalf of the Director to the
appropriate congressional committees, to the Committee

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3509

on Armed Services and the Committee on Homeland Security of the House of Representatives, and to the Committee
on Homeland Security and Governmental Affairs and the
Committee on Armed Services of the Senate, which shall
include"(i) a copy of that year's National Interdiction Command and Control Plan;
"(ii) information for the previous 10 years
regarding the number and type of seizures of drugs
by each National Drug Control Program agency conducting drug interdiction activities, as well as statistical information on the geographic areas of such seizures; and
"(iii) information for the previous 10 years
regarding the number of air and maritime patrol hours
undertaken by each National Drug Control Program
agency conducting drug interdiction activities, as well
as statistical information on the geographic areas in
which such patrol hours took place.
"(E) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT
SENSITIVE INFORMATION.-Any content of the report
described in subparagraph (D) that involves information
classified under criteria established by an Executive order,
or the public disclosure of which, as determined by the
Director, the Director of National Intelligence, or the head
of any Federal Government agency the activities of which
are described in the plan, would be detrimental to the
law enforcement or national security activities of any Federal, State, or local agency, shall be presented to Congress
separately from the rest of the report.
"(b) INTERDICTION COMMIrFEE.-

"(1) IN GENERAL.-The Interdiction Committee shall meet
to-

"(A) discuss and resolve issues related to the coordination, oversight and integration of international, border, and
domestic drug interdiction efforts in support of the National
Drug Control Strategy;
"(B) review the annual National Interdiction Command
and Control Plan, and provide advice to the Director and
the United States Interdiction Coordinator concerning that
plan; and
"(C) provide such other advice to the Director concerning drug interdiction strategy and policies as the committee determines is appropriate.

"(2) CHAIRMAN.-The Director shall designate one of the
members of the Interdiction Committee to serve as chairman.
"(3) MEETINGS.-The members of the Interdiction Com-

mittee shall meet, in person and not through any delegate
or representative, at least once per calendar year, prior to
March 1. At the call of either the Director or the current
chairman, the Interdiction Committee may hold additional
meetings, which shall be attended by the members either in
person, or through such delegates or representatives as they
may choose.
"(4) REPORT.-NOt later than September 30 of each year,
the chairman of the Interdiction Committee shall submit a
report to the Director and to the appropriate congressional

120 STAT. 3510

PUBLIC LAW 109-469-DEC. 29, 2006
committees describing the results of the meetings and any
significant findings of the Committee during the previous 12
months. Any content of such a report that involves information
classified under criteria established by an Executive order,
or whose public disclosure, as determined by the Director, the
chairman, or any member, would be detrimental to the law
enforcement or national security activities of any Federal, State,
local, or tribal agency, shall be presented to Congress separately
from the rest of the report.".

(2) CONFORMING AMENDMENT TO HOMELAND SECURITY ACT
OF 2002.-Section 878 of the Homeland Security Act of 2002
(6 U.S.C. 458) is amended(A) in subsection (c), by striking "Except as provided
in subsection (d), the" and inserting "The"; and
(B) by striking subsection (d) and redesignating subsections (e), (U, and (g) as subsections (d), (e), and (f),
respectively.
(3) TECHNICAL AMENDMENTS,-Section 704 (21 U.S.C. 1703)
is amended(A) by amending subsection (g) to read as follows:
"(g) INAPPLICABILITY TO CERTAIN PROGRAMS.-The provisions
of this section shall not apply to the National Intelligence Program,
the Joint Military Intelligence Program, and Tactical and Related
Activities, unless such program or an element of such program
is designated as a National Drug Control Program-

"(1) by the President; or
"(2) jointly by"(A) in the case of the National Intelligence Program,
the Director and the Director of National Intelligence; or
"(B) in the case of the Joint Military Intelligence Program and Tactical and Related Activities, the Director,
the Director of National Intelligence, and the Secretary
of Defense."; and
(B) by amending subsection (h) to read as follows:
"(h) C0NsTRUCTI0N.-Nothing in this Act shall be construed
as derogating the authorities and responsibilities of the Director
of National Intelligence or the Director of the Central Intelligence
Agency contained in the National Security Act of 1947 (50 U.S.C.
401 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C.
403a et seq.), or any other law.".
SEC. 104. AMENDMENTS TO ENSURE COORDINATION WITH OTHER
AGENCIES.

21 USC 1704.

Section 705 is amended-

(1) in subsection (a)(1)(A), by striking "abuse";
(2) in subsection (a)(2)(A), by striking "Director of Central
Intelligence" and inserting "Director of National Intelligence";
(3) in subsection (a)(2)(B), by striking "Director of Central
Intelligence" and inserting "Director of National Intelligence
and the Director of the Central Intelligence Agency";
(4) by amending subsection (a)(3) to read as follows:
"(3) REQUIRED REPORTS."(A) SECRETARIES OF THE INTERIOR AND AGRICULTURE.-Not later than July 1 of each year, the Secretaries of Agriculture and the Interior shall jointly submit

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3511

to the Director and the appropriate congressional committees an assessment of the quantity of illegal drug cultivation and manufacturing in the United States on lands
owned or under the jurisdiction of the Federal Government
for the preceding year.
"(B) SECRETARY OF HOMELAND SECURITY.-Not later
than July 1 of each year, the Secretary of Homeland Security shall submit to the Director and the appropriate
congressional committees information for the preceding
year regarding"(i) the number and type of seizures of drugs by
each component of the Department of Homeland Security seizing drugs, as well as statistical information
on the geographic areas of such seizures; and

"(ii) the number of air and maritime patrol hours
primarily dedicated to drug supply reduction missions
undertaken by each component of the Department of
Homeland Security.
"(C) SECRETARY OF DEFENSE-The Secretary of
Defense shall, by July 1 of each year, submit to the Director
and the appropriate congressional committees information
for the preceding year regarding the number of air and
maritime patrol hours primarily dedicated to drug supply
reduction missions undertaken by each component of the
Department of Defense.
"(D) ArPORNEY GENERAL.-The Attorney General shall,
by July 1 of each year, submit to the Director and the
appropriate congressional committees information for the
preceding year regarding the number and type of"(i) arrests for drug violations;
"(ii) prosecutions for drug violations by United
States Attorneys; and
"(iii) seizures of drugs by each component of the
Department of Justice seizing drugs, as well as statistical information on the geographic areas of such seizures.";
(5) in subsection (b)(2)(B), by striking "Program" and
inserting "Strategy"; and
(6) in subsection (c), by striking "in" and inserting "on".
SEC. 105. BUDGETARY MATTERS.

(a) SUBMISSION OF DRUG CONTROL BUDGET REQUESTS.-Section
704(cXl) is amended by adding at the end the following:
"(C) CONTENT OF DRUG CONTROL BUDGET REQUESTS.A drug control budget request submitted by a department,
agency, or program under this paragraph shall include
all requests for funds for any drug control activity undertaken by that department, agency, or program, including
demand reduction, supply reduction, and State, local, and
tribal affairs, including any drug law enforcement activities. If an activity has both drug control and nondrug
control purposes or applications, the department, agency,
or program shall estimate by a documented calculation
the total funds requested for that activity that would be
used for drug control, and shall set forth in its request
the basis and method for making the estimate.".
(b) NATIONAL DRUG CONTROL BUDGET PROPOSAL.-

21 USC 1703.

120 STAT. 3512

PUBLIC LAW 109-469-DEC. 29, 2006

is
ORGANIZATIONS.-Section
704(c)(2)
(1) NATIONAL
amended by inserting "and the head of each major national
organization that represents law enforcement officers, agencies,
or associations" after "agency".
(2) TOTAL BUDGET-Section 704(c)(2)(A) is amended by
inserting before the semicolon: "and to inform Congress and
the public about the total amount proposed to be spent on
all supply reduction, demand reduction, State, local, and tribal
affairs, including any drug law enforcement, and other drug
control activities by the Federal Government, which shall conform to the content requirements set forth in paragraph (1)(C)".
(c) REVIEW AND CERTIFICATION OF NATIONAL DRUG CONTROL
PROGRAM BuDGET.-Section 704(c)(3) is amended-

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

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3513

(3) in subparagraph (D)(iii), as so redesignated, by inserting
"and the appropriate congressional committees" after "House
of Representatives"; and
(4) in subparagraph (E)(ii)(II)(bb), as so redesignated, by
inserting "and the appropriate congressional committees" after
"House of Representatives".
(d) REPROGRAMMING AND TRANSFER REQUESTS.-Section
704(c)(4)(A) (21 U.S.C. 1703(c)(4)(A)) is amended-

(1) by striking "$5,000,000" and inserting "$1,000,000"; and
(2) adding at the end the following: "If the Director has Deadline.
not responded to a request for reprogramming subject to this
subparagraph within 30 days after receiving notice of the
request having been made, the request shall be deemed
approved by the Director under this subparagraph and forwarded to Congress.".
(e) POWERS OF DIRECTOR.-Section 704(d) is amended(1) in paragraph (8)(D), by striking "have been authorized
by Congress;" and inserting "authorized by law;";
(2) in paragraph (9), by striking "Strategy; and" and
inserting "Strategy and notify the appropriate congressional Notification.
committees of any fund control notice issued; and"; and
(3) in paragraph (10), by striking "(22 U.S.C. 2291j)." and
inserting "(22 U.S.C. 2291j) and section 706 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j1).".
(f) Fuir'D CONTROL N0TICES.-Section 704(f) (21 U.S.C. 1703(f))
is amended by adding at the end the following:
"(4) CONGRESSIONAL NOTICE.-A copy of each fund control
notice shall be transmitted to the appropriate congressional
committees.

"(5) REsTRICTIONS.-The Director shall not issue a fund
control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account
be obligated, modified, or altered in any manner contrary, in
whole or in part, to a specific appropriation or statute.".

TITLE Il-THE NATIONAL DRUG
CONTROL STRATEGY
SEC. 201. ANNUAL PREPARATION AND SUBMISSION OF NATIONAL
DRUG CONTROL STRATEGY.

Section 706 is amended to read as follows:
"SEC.

21 USC 1705.

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

"(a) TIMING, CONTENTS, AND PROCESS FOR DEVELOPMENT AND
SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY."(1) TIMING.-Not later than February 1 of each year, the President,
President shall submit to Congress a National Drug Control
Strategy, which shall set forth a comprehensive plan for the

year to reduce illicit drug use and the consequences of such
illicit drug use in the United States by limiting the availability
of, and reducing the demand for, illegal drugs.
"(2) CONTENTS."(A) IN GENERAL.-The National Drug Control Strategy
submitted under paragraph (1) shall include the following:

120 STAT. 3514

PUBLIC LAW 109-469-DEC. 29, 2006
"(i) Comprehensive, research-based, long-range,
quantifiable goals for reducing illicit drug use and
the consequences of illicit drug use in the United
States.
"(ii) Annual quantifiable and measurable objectives
and specific targets to accomplish long-term quantifiable goals that the Director determines may be
achieved during each year beginning on the date on
which the National Drug Control Strategy is submitted.
"(iii) A 5-year projection for program and budget
priorities.
"(iv) A review of international, State, local, and
private sector drug control activities to ensure that
the United States pursues coordinated and effective
drug control at all levels of government.
"(v) An assessment of current illicit drug use
(including inhalants and steroids) and availability,
impact of illicit drug use, and treatment availability,
which assessment shall include"(I) estimates of drug prevalence and frequency of use as measured by national, State,
and local surveys of illicit drug use and by other
special studies of nondependent and dependent
illicit drug use;
"(II) illicit drug use in the workplace and the
productivity lost by such use; and
"(III) illicit drug use by arrestees, probationers, and parolees.
"(vi) An assessment of the reduction of illicit drug
availability, as measured by"(I) the quantities of cocaine, heroin, marijuana, methamphetamine, ecstasy, and other drugs
available for consumption in the United States;
"(II) the amount of marijuana, cocaine, heroin,
methamphetamine, ecstasy, and precursor chemicals and other drugs entering the United States;
"(III) the number of illicit drug manufacturing
laboratories seized and destroyed and the number
of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other
countries;
"(IV) the number of metric tons of marijuana,
heroin, cocaine, and methamphetamine seized and
other drugs; and
"(V) changes in the price and purity of heroin,
methamphetamine, and cocaine, changes in the
price
of
ecstasy,
and
changes
in
tetrahydrocannabinol level of marijuana and other
drugs.
"(vii) An assessment of the reduction of the consequences of illicit drug use and availability, which
shall include"(I) the burden illicit drug users placed on
hospital emergency departments in the United
States, such as the quantity of illicit drug-related
services provided;

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3515

"(II) the annual national health care cost of
illicit drug use; and
"(III) the extent of illicit drug-related crime
and criminal activity.
"(viii) A determination of the status of drug treatment in the United States, by assessing"(I) public and private treatment utilization;
and
"(II) the number of illicit drug users the
Director estimates meet diagnostic criteria for
treatment.
"(ix) A review of the research agenda of the
Counterdrug Technology Assessment Center to reduce
the availability and abuse of drugs.
"(x) A summary of the efforts made to coordinate
with private sector entities to conduct private research
and development of medications to treat addiction by"(I) screening chemicals for potential therapeutic value;
"(II) developing promising compounds;
"(III) conducting clinical trials;
"(1V) seeking Food and Drug Administration
approval for drugs to treat addiction;
"(V) marketing the drug for the treatment of
addiction;
"(VI) urging physicians to use the drug in
the treatment of addiction; and
"(VII) encouraging insurance companies to
reimburse the cost of the drug for the treatment
of addiction.
"(xi) An assessment of Federal effectiveness in
achieving the National Drug Control Strategy for the
previous year, including a specific evaluation of
whether the objectives and targets for reducing illicit
drug use for the previous year were met and reasons
for the success or failure of the previous year's
Strategy.
"(xii) A general review of the status of, and trends
in, demand reduction activities by private sector entities and community-based organizations, including
faith-based organizations, to determine their effectiveness and the extent of cooperation, coordination, and
mutual support between such entities and organizations and Federal, State, local, and tribal government
agencies.
"(xiii) Such additional statistical data and information as the Director considers appropriate to demonstrate and assess trends relating to illicit drug use,
the effects and consequences of illicit drug use
(including the effects on children of substance abusers),
supply reduction, demand reduction, drug-related law
enforcement, and the implementation of the National
Drug Control Strategy.
"(xiv) A supplement reviewing the activities of each
individual National Drug Control Program agency
during the previous year with respect to the National
Drug Control Strategy and the Director's assessment

120 STAT. 3516

PUBLIC LAW 109-469-DEC. 29, 2006
of the progress of each National Drug Control Program
agency in meeting its responsibilities under the
National Drug Control Strategy.
"(B) CLASSIFIED INFORMATION-Any contents of the
National Drug Control Strategy that involve information
properly classified under criteria established by an Executive order shall be presented to Congress separately from
the rest of the National Drug Control Strategy.
"(C) SELECTION OF DATA AND INFORMATION.-In
selecting data and information for inclusion under subparagraph (A), the Director shall ensure-

"(i) the inclusion of data and information that will
permit analysis of current trends against previously
compiled data and information where the Director
believes such analysis enhances long-term assessment
of the National Drug Control Strategy; and
"(ii) the inclusion of data and information to permit
a standardized and uniform assessment of the effectiveness of drug treatment programs in the United States.
"(3) PROCESS FOR DEVELOPMENT AND SUBMISSION.-Ifl
developing and effectively implementing the National Drug
Control Strategy, the Director-

"(A) shall consult with"(i) the heads of the National Drug Control Program agencies;
"(ii) Congress;
"(iii) State, local, and tribal officials;
"(iv) private citizens and organizations, including
community and faith-based organizations with experience and expertise in demand reduction;
"(v) private citizens and organizations with experience and expertise in supply reduction; and
"(vi) appropriate representatives of foreign governments;
"(B) in satisfying the requirements of subparagraph
(A), shall ensure, to the maximum extent possible, that
State, local, and tribal officials and relevant private
organizations commit to support and take steps to achieve
the goals and objectives of the National Drug Control
Strategy;
"(C) with the concurrence of the Attorney General,
may require the El Paso Intelligence Center to undertake
specific tasks or projects to support or implement the
National Drug Control Strategy; and
"(D) with the concurrence of the Director of National
Intelligence and the Attorney General, may request that
the National Drug Intelligence Center undertake specific
tasks or projects to support or implement the National
Drug Control Strategy.
"(b) SUBMISSION OF REVISED STRATEGY.-The President may
submit to Congress a revised National Drug Control Strategy that
meets the requirements of this section-

"(1) at any time, upon a determination of the President,
in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; or
"(2) if a new President or Director takes office.".

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3517

SEC. 202. PERFORMANCE MEASUREMENTS.

Section 706 is amended by adding at the end the following: Deadline.
"(c) PERFORMANCE MEASUREMENT SYSTEM.-NOt later than Feb-

ruary 1 of each year, the Director shall submit to Congress as
part of the National Drug Control Strategy, a description of a
national drug control performance measurement system, that"(1) develops 2-year and 5-year performance measures and
targets for each National Drug Control Strategy goal and objective established for reducing drug use, availability, and the
consequences of drug use;
"(2) describes the sources of information and data that
will be used for each performance measure incorporated into
the performance measurement system;
"(3) identifies major programs and activities of the National
Drug Control Program agencies that support the goals and
annual objectives of the National Drug Control Strategy;
"(4) evaluates the contribution of demand reduction and
supply reduction activities as defined in section 702 implemented by each National Drug Control Program agency in
support of the National Drug Control Strategy;
"(5) monitors consistency between the drug-related goals
and objectives of the National Drug Control Program agencies
and ensures that each agency's goals and budgets support
and are fully consistent with the National Drug Control
Strategy; and
"(6) coordinates the development and implementation of
national drug control data collection and reporting systems
to support policy formulation and performance measurement,
including an assessment of"(A) the quality of current drug use measurement
instruments and techniques to measure supply reduction
and demand reduction activities;
"(B) the adequacy of the coverage of existing national
drug use measurement instruments and techniques to
measure the illicit drug user population, and groups that
are at risk for illicit drug use;
"(C) the adequacy of the coverage of existing national
treatment outcome monitoring systems to measure the
effectiveness of drug abuse treatment in reducing illicit
drug use and criminal behavior during and after the
completion of substance abuse treatment; and
"(D) the actions the Director shall take to correct any
deficiencies and limitations identified pursuant to subparagraphs (A) and (B) of this subsection.
"(d) MODIFICATIONS.-A description of any modifications made
during the preceding year to the national drug performance
measurement system described in subsection (c) shall be included
in each report submitted under subsection (b).".
SEC. 203. ANNUAL REPORT REQUIREMENT.

(a) IN GENERAL.-On or before February 1 of each year, the
Director shall submit a report to Congress that describes(1) the strategy of the national media campaign and
whether specific objectives of the campaign were accomplished;
(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the campaign;

21 USC 1708a,

120 STAT. 3518

PUBLIC LAW 109-469-DEC. 29, 2006

(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time
and space and eliminate the potential for waste, fraud, and
abuse;
(5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media
campaign;
(6) specific policies and steps implemented to ensure compliance with title IV of this Act;
(7) steps taken to ensure that the national media campaign
will secure, to the maximum extent possible, no cost matches
of advertising time and space or in-kind contributions that
are directly related to the campaign in accordance with title
1V of this Act; and
(8) a review and evaluation of the effectiveness of the
national media campaign strategy for the past year.
(b) AUDIT-The Government Accountability Office shall, at a
frequency of not less than once per year(1) conduct and supervise an audit and investigation
relating to the programs and operations of the(A) Office; or
(B) certain programs within the Office, including(i) the High Intensity Drug Trafficking Areas Program;
(ii) the Counterdrug Technology Assessment
Center; or
(iii) the National Youth Anti-drug Media Campaign; and
(2) provide the Director and the appropriate congressional
committees with a report containing an evaluation of and recommendations on the(A) policies and activities of the programs and operations subject to the audit and investigation;
(B) economy, efficiency, and effectiveness in the
administration of the reviewed programs and operations;
and
(C) policy or management changes needed to prevent
and detect fraud and abuse in such programs and operations.

TITLE Ill-HIGH INTENSITY DRUG
TRAFFICKING AREAS
SEC. 301. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

21 USC 1706.

Section 707 is amended to read as follows:
"SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
"(a) ESTABLISHMENT.-

"(1) IN GENERAL-There is established in the Office a program to be known as the High Intensity Drug Trafficking
Areas Program (in this section referred to as the 'Program').
"(2) PURPOSE.-The purpose of the Program is to reduce
drug trafficking and drug production in the United States by-

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3519

"(A) facilitating cooperation among Federal, State,
local, and tribal law enforcement agencies to share information and implement coordinated enforcement activities;
"(B) enhancing law enforcement intelligence sharing
among Federal, State, local, and tribal law enforcement
agencies;
"(C) providing reliable law enforcement intelligence to
law enforcement agencies needed to design effective
enforcement strategies and operations; and
"(D) supporting coordinated law enforcement strategies
which maximize use of available resources to reduce the
supply of illegal drugs in designated areas and in the
United States as a whole.
"(b) DESIGNATION."(1) IN GENERAL.-The Director, in consultation with the
Attorney General, the Secretary of the Treasury, the Secretary
of Homeland Security, heads of the National Drug Control
Program agencies, and the Governor of each applicable State,
may designate any specified area of the United States as a
high intensity drug trafficking area.
"(2) ACTIvITrE5.-After making a designation under paragraph (1) and in order to provide Federal assistance to the
area so designated, the Director may"(A) obligate such sums as are appropriated for the
Program;
"(B) direct the temporary reassignment of Federal personnel to such area, subject to the approval of the head
of the department or agency that employs such personnel;
"(C) take any other action authorized under section
704 to provide increased Federal assistance to those areas;
and
"(D) coordinate activities under this section (specifically
administrative, recorcikeeping, and funds management
activities) with State, local, and tribal officials.
"(c) PETITIONS FOR DESIGNATION-The Director shall establish Regulations.
regulations under which a coalition of interested law enforcement
agencies from an area may petition for designation as a high intensity drug trafficking area. Such regulations shall provide for a
regular review by the Director of the petition, including a recommendation regarding the merit of the petition to the Director
by a panel of qualified, independent experts.
"(d) FACTORS FOR C0N5rnERATI0N.-In considering whether to
designate an area under this section as a high intensity drug
trafficking area, the Director shall consider, in addition to such
other criteria as the Director considers to be appropriate, the extent
to which-

"(1) the area is a significant center of illegal drug production, manufacturing, importation, or distribution;
"(2) State, local, and tribal law enforcement agencies have
committed resources to respond to the drug trafficking problem
in the area, thereby indicating a determination to respond
aggressively to the problem;
"(3) drug-related activities in the area are having a significant harmful impact in the area, and in other areas of the
country; and

120 STAT. 3520

PUBLIC LAW 109-469-DEC. 29, 2006
"(4) a significant increase in allocation of Federal resources
is necessary to respond adequately to drug-related activities
in the area.

"(e) ORGANIZATION OF HIGH INTENSITY DRUG TRAFFICKING
AREAS.-

Establishment.

"(1) EXECUTIVE BOARD AND OFFICERS-To be eligible for
funds appropriated under this section, each high intensity drug
trafficking area shall be governed by an Executive Board. The
Executive Board shall designate a chairman, vice chairman,
and any other officers to the Executive Board that it determines
are necessary.
"(2) REsP0NSIBILITIEs.-The Executive Board of a high
intensity drug trafficking area shall be responsible for-

"(A) providing direction and oversight in establishing
and achieving the goals of the high intensity drug trafficking area;
"(B) managing the funds of the high intensity drug
trafficking area;
"(C) reviewing and approving all funding proposals
consistent with the overall objective of the high intensity
drug trafficking area; and
"(D) reviewing and approving all reports to the Director
on the activities of the high intensity drug trafficking area.
"(3) BoARD REPRESENTATION.-None of the funds appropriated under this section may be expended for any high intensity drug trafficking area, or for a partnership or region of
a high intensity drug trafficking area, if the Executive Board
for such area, region, or partnership, does not apportion an
equal number of votes between representatives of participating
Federal agencies and representatives of participating State,
local, and tribal agencies. Where it is impractical for an equal
number of representatives of Federal agencies and State, local,
and tribal agencies to attend a meeting of an Executive Board
in person, the Executive Board may use a system of proxy
votes or weighted votes to achieve the voting balance required
by this paragraph.
"(4) No AGENCY RELATIONSHIP.-The eligibility requirements of this section are intended to ensure the responsible
use of Federal funds. Nothing in this section is intended to
create an agency relationship between individual high intensity
drug trafficking areas and the Federal Government.
"(0 USE OF FUNDS.-The Director shall ensure that no Federal
funds appropriated for the Program are expended for the establishment or expansion of drug treatment programs, and shall ensure
that not more than 5 percent of the Federal funds appropriated
for the Program are expended for the establishment of drug prevention programs.
"(g) COUNTERTERRORISM ACTIVITIES.-

"(1) ASSISTANCE AUTHORIZED.-The Director may authorize
use of resources available for the Program to assist Federal,
State, local, and tribal law enforcement agencies in investigations and activities related to terrorism and prevention of terrorism, especially but not exclusively with respect to such investigations and activities that are also related to drug trafficking.
"(2) LIMITATION.-The Director shall ensure"(A) that assistance provided under paragraph (1)
remains incidental to the purpose of the Program to reduce

PUBLIC LAW 109-469---DEC. 29, 2006

120 STAT. 3521

drug availability and carry out drug-related law enforcement activities; and
"(B) that significant resources of the Program are not
redirected to activities exclusively related to terrorism,
except on a temporary basis under extraordinary circumstances, as determined by the Director.
"(h) ROLE OF DRUG ENFORCEMENT AJJMINISTRATION.-The
Director, in consultation with the Attorney General, shall ensure
that a representative of the Drug Enforcement Administration is
included in the Intelligence Support Center for each high intensity
drug trafficking area.
"(i) ANNUAL HIDTA PROGRAM BUDGET SUBMISSIONS.-As part
of the documentation that supports the President's annual budget
request for the Office, the Director shall submit to Congress a
budget justification that includes-

"(1) the amount proposed for each high intensity drug
trafficking area, conditional upon a review by the Office of
the request submitted by the HIDTA and the performance
of the HIDTA, with supporting narrative descriptions and
rationale for each request;
"(2) a detailed justification that explains"(A) the reasons for the proposed funding level; how
such funding level was determined based on a current
assessment of the drug trafficking threat in each high
intensity drug trafficking area;
"(B) how such funding will ensure that the goals and
objectives of each such area will be achieved; and
"(C) how such funding supports the National Drug
Control Strategy; and
"(3) the amount of HIDTA funds used to investigate and
prosecute organizations and individuals trafficking in methamphetamine in the prior calendar year, and a description
of how those funds were used.
"(j) EMERGING THREAT RESPONSE FUND."(1) IN GENERAL.-Subject to the availability of appropriations, the Director may expend up to 10 percent of the amounts
appropriated under this section on a discretionary basis, to
respond to any emerging drug trafficking threat in an existing
high intensity drug trafficking area, or to establish a new
high intensity drug trafficking area or expand an existing high
intensity drug trafficking area, in accordance with the criteria
established under paragraph (2).
"(2) CONSIDERATION OF IMPACT.-In allocating funds under
this subsection, the Director shall consider"(A) the impact of activities funded on reducing overall
drug traffic in the United States, or minimizing the probability that an emerging drug trafficking threat will spread
to other areas of the United States; and
"(B) such other criteria as the Director considers appropriate.
"(k) EVALUATION.-

"(1) INITIAL REPORT.-Not later than 90 days after the
date of the enactment of this section, the Director shall, after
consulting with the Executive Boards of each designated high
intensity drug trafficking area, submit a report to Congress
that describes, for each designated high intensity drug trafficking area-

120 STAT. 3522

PUBLIC LAW 109-469-DEC. 29, 2006
"(A) the specific purposes for the high intensity drug
trafficking area;
"(B) the specific long-term and short-term goals and
objectives for the high intensity drug trafficking area;
"(C) the measurements that will be used to evaluate
the performance of the high intensity drug trafficking area
in achieving the long-term and short-term goals; and
"(D) the reporting requirements needed to evaluate
the performance of the high intensity drug trafficking area
in achieving the long-term and short-term goals.

Reports.

"(2) EVALUATION OF HIDTA PROGRAM AS PART OF NATIONAL
DRUG CONTROL STRATEGY.-For each designated high intensity
drug trafficking area, the Director shall submit, as part of
the annual National Drug Control Strategy report, a report
that-

"(A) describes"(i) the specific purposes for the high intensity
drug trafficking area; and
"(ii) the specific long-term and short-term goals
and objectives for the high intensity drug trafficking
area; and
"(B) includes an evaluation of the performance of the
high intensity drug trafficking area in accomplishing the
specific long-term and short-term goals and objectives
identified under paragraph (1)(B).
Deadline.
Reports.

"(1) ASSESSMENT OF DRUG ENFORCEMENT TASK FORCES IN HIGH
INTENSITY DRUG TRAFFICKING AREAS.-Not later than 1 year after
the date of enactment of this subsection, and as part of each
subsequent annual National Drug Control Strategy report, the
Director shall submit to Congress a report-

"(1) assessing the number and operation of all federally
funded drug enforcement task forces within each high intensity
drug trafficking area; and
"(2) describing"(A) each Federal, State, local, and tribal drug enforcement task force operating in the high intensity drug trafficking area;
"(B) how such task forces coordinate with each other,
with any high intensity drug trafficking area task force,
and with investigations receiving funds from the Organized
Crime and Drug Enforcement Task Force;
"(C) what steps, if any, each such task force takes
to share information regarding drug trafficking and drug
production with other federally funded drug enforcement
task forces in the high intensity drug trafficking area;
"(D) the role of the high intensity drug trafficking
area in coordinating the sharing of such information among
task forces;
"(E) the nature and extent of cooperation by each Federal, State, local, and tribal participant in ensuring that
such information is shared among law enforcement agencies and with the high intensity drug trafficking area;
"(F) the nature and extent to which information
sharing and enforcement activities are coordinated with
joint terrorism task forces in the high intensity drug trafficking area; and

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3523

"(G) any recommendations for measures needed to
ensure that task force resources are utilized efficiently
and effectively to reduce the availability of illegal drugs
in the high intensity drug trafficking areas.
"(m) ASSESSMENT OF LAW ENFORCEMENT INTELLIGENCE Deadline.
SHARING IN HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.- Reports.
Not later than 180 days after the date of the enactment of this

section, and as part of each subsequent annual National Drug
Control Strategy report, the Director, in consultation with the
Director of National Intelligence, shall submit to Congress a
report"(1) evaluating existing and planned law enforcement intelligence systems supported by each high intensity drug trafficking area, or utilized by task forces receiving any funding
under the Program, including the extent to which such systems
ensure access and availability of law enforcement intelligence
to Federal, State, local, and tribal law enforcement agencies
within the high intensity drug trafficking area and outside
of it;
"(2) the extent to which Federal, State, local, and tribal
law enforcement agencies participating in each high intensity
drug trafficking area are sharing law enforcement intelligence
information to assess current drug trafficking threats and
design appropriate enforcement strategies; and
"(3) the measures needed to improve effective sharing of
information and law enforcement intelligence regarding drug
trafficking and drug production among Federal, State, local,
and tribal law enforcement participating in a high intensity
drug trafficking area, and between such agencies and similar
agencies outside the high intensity drug trafficking area.
"(n) COORDINATION OF LAW ENFORCEMENT INTELLIGENCE
SHARING WITH ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE
PROGRAM.-The Director, in consultation with the Attorney General,
shall ensure that any drug enforcement intelligence obtained by
the Intelligence Support Center for each high intensity drug trafficking area is shared, on a timely basis, with the drug intelligence
fusion center operated by the Organized Crime Drug Enforcement
Task Force of the Department of Justice.
"(o) USE OF FUNDS To COMBAT METHAMPHETAMINE TRAFFICKING.-

"(1) REQUIREMENT.-As part of the documentation that sup- Reports.
ports the President's annual budget request for the Office,

the Director shall submit to Congress a report describing the
use of HIDTA funds to investigate and prosecute organizations
and individuals trafficking in methamphetamine in the prior
calendar year.
"(2) CONTENTS.-The report shall include"(A) the number of methamphetamine manufacturing
facilities discovered through HIDTA-funded initiatives in
the previous fiscal year;
"(B) the amounts of methamphetamine or listed chemicals (as that term is defined in section 102(33) of the
Controlled Substances Act (21 U.S.C. 802(33)) seized by
HIDTA-funded initiatives in the area during the previous
year; and

120 STAT. 3524

PUBLIC LAW 109-469-DEC. 29, 2006

"(C) law enforcement intelligence and predictive data
from the Drug Enforcement Administration showing patterns and trends in abuse, trafficking, and transportation
in methamphetamine and listed chemicals.
"(3) CERTIFIcATION.-Before the Director awards any funds
to a high intensity drug trafficking area, the Director shall
certify that the law enforcement entities participating in that
HIDTA are providing laboratory seizure data to the national
clandestine laboratory database at the El Paso Intelligence
Center.
"(p) AUTHORIZATION OF APPROPRIATIONS.-There is authorized
to be appropriated to the Office of National Drug Control Policy
to carry out this section"(1) $240,000,000 for fiscal year 2007;
"(2) $250,000,000 for fiscal year 2008;
"(3) $260,000,000 for fiscal year 2009;
"(4) $270,000,000 for fiscal year 2010; and
"(5) $280,000,000 for each of fiscal year 2011.".
Dawson Family
Community
Protection Act.

21 Usc 1701
note.
Carnell Dawson,
Angela Dawson.
1706

SEC. 302. FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING AREAS.

(a) SHORT TITLE.-This section may be cited as the "Dawson
Family Community Protection Act".
(b) FINDINGs.-Congress finds the following:
(1) In the early morning hours of October 16, 2002, the
home of Carnell and Angela Dawson was firebombed in
apparent retaliation for Mrs. Dawson's notification to police
about persistent drug distribution activity in their East Baltimore City neighborhood.

(2) The arson claimed the lives of Mr. and Mrs. Dawson
and their 5 young children, aged 9 to 14.
(3) The horrific murder of the Dawson family is a stark
example of domestic narco-terrorism.
(4) In all phases of counternarcotics law enforcementfrom prevention to investigation to prosecution to reentrythe voluntary cooperation of ordinary citizens is a critical
component.
(5) Voluntary cooperation is difficult for law enforcement
officials to obtain when citizens feel that cooperation carries
the risk of violent retaliation by illegal drug trafficking
organizations and their affiliates.
(6) Public confidence that law enforcement is doing all
it can to make communities safe is a prerequisite for voluntary
cooperation among people who may be subject to intimidation
or reprisal (or both).
(7) Witness protection programs are insufficient on their
own to provide security because many individuals and families
who strive every day to make distressed neighborhoods livable
for their children, other relatives, and neighbors will resist
or refuse offers of relocation by local, State, and Federal prosecutorial agencies and because, moreover, the continued presence of strong individuals and families is critical to preserving
and strengthening the social fabric in such communities.
(8) Where (as in certain sections of Baltimore City) interstate trafficking of illegal drugs has severe ancillary local consequences within areas designated as high intensity drug trafficking areas, it is important that supplementary High Intensity

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3525

Drug Trafficking Areas Program funds be committed to support
initiatives aimed at making the affected communities safe for
the residents of those communities and encouraging their
cooperation with tribal, local, State, and Federal law enforcement efforts to combat illegal drug trafficking.
(c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING
AREAS.-Section 707, as amended by section 301, is amended by
adding at the end the following:
"(q) SPECIFIC PURPOSES.-

"(1) IN GENERAL.-The Director shall ensure that, of the
amounts appropriated for a fiscal year for the Program, at
least $7,000,000 is used in high intensity drug trafficking areas
with severe neighborhood safety and illegal drug distribution
problems.
"(2) REQUIRED USES.-The funds used under paragraph
(1) shall be used"(A) to ensure the safety of neighborhoods and the
protection of communities, including the prevention of the
intimidation of potential witnesses of illegal drug distribution and related activities; and
"(B) to combat illegal drug trafficking through such
methods as the Director considers appropriate, such as
establishing or operating (or both) a toll-free telephone
hotline for use by the public to provide information about
illegal drug-related activities.".
SEC. 303. 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.

New York.
New Jersey.

TITLE IV-TECHNOLOGY
SEC. 401. COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER.

(a) CHIEF SCIENTIsT.-Section 708(b) is amended to read as 21 USC 1707.
follows:
"(b) CHIEF SCIENTI5T.-There shall be at the head of the Center

the Chief Scientist, who shall be appointed by the Director from
among individuals qualified and distinguished in the area of science,
medicine, engineering, or technology.".
(b) RESPONSIBILITIES.(1) RESEARCH AND DEVELOPMENT.-Section 708 is amended
by(A) redesignating subsection (d) as subsection (e); and
(B) striking subsection (c) and inserting the following:

120 STAT. 3526

PUBLIC LAW 109-469-DEC. 29, 2006

"(c) REsEARCH AND DEVELOPMENT RESPONSIBILITIES.-The
Director, acting through the Chief Scientist, shall"(1) identify and define the short-, medium-, and longterm scientific and technological needs of Federal, State, local,
and tribal drug supply reduction agencies, including"(A) advanced surveillance, tracking, and radar
imaging;
"(B) electronic support measures;
"(C) communications;
"(D) data fusion, advanced computer systems, and
artificial intelligence; and
"(E) chemical, biological, radiological (including neutron and electron), and other means of detection;
"(2) identify demand reduction basic and applied research
needs and initiatives, in consultation with affected National
Drug Control Program agencies, including"(A) improving treatment through neuroscientific
advances;
"(B) improving the transfer of biomedical research to
the clinical setting; and
"(C) in consultation with the National Institute of Drug
Abuse and the Substance Abuse and Mental Health Services Administration, and through interagency agreements
or grants, examining addiction and rehabilitation research
and the application of technology to expanding the effectiveness and availability of drug treatment;
"(3) make a priority ranking of such needs identified in
paragraphs (1) and (2) according to fiscal and technological
feasibility, as part of a National Counterdrug Research and
Development Program;
"(4) oversee and coordinate counterdrug technology initiatives with related activities of other Federal civilian and military departments;
"(5) provide support to the development and implementation of the national drug control performance measurement
system established under subsection (c) of section 706; and
"(6) pursuant to the authority of the Director of National
Drug Control Policy under section 704, submit requests to
Congress for the reprogramming or transfer of funds appropriated for counterdrug technology research and development.
"(d) LIMITATIoN ON AUTHORITY.-The authority granted to the
Director under this section shall not extend to the awarding of
contracts, management of individual projects, or other operational
activities.".
(2) ASSISTANCE AND SUPPORT-Subsection (e) of section
708, as redesignated by this section, is amended to read as
follows:
"(e) ASSISTANCE AND SUPPORT TO THE OFFICE OF NATIONAL
DRUG CONTROL P0LICY.-The Secretary of Defense, the Secretary
of Homeland Security, and the Secretary of Health and Human
Services shall, to the maximum extent practicable, render assistance
and support to the Office and to the Director in the conduct of
counterdrug technology assessment.".
(3) TECHNOLOGY TRANSFER PROGRAM.-Section 708 is
amended by adding at the end the following:
"U) TECHNOLOGY TRANSFER PROGRAM.-

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3527

"(1) PROGRAM.-The Chief Scientist, with the advice and
counsel of experts from State, local, and tribal law enforcement
agencies, shall be responsible to the Director for coordination
and implementation of a counterdrug technology transfer program.
"(2) PURP0SE.-The purpose of the Technology Transfer
Program shall be for the Counterdrug Technology Assessment
Center to transfer technology and associated training directly
to State, local, and tribal law enforcement agencies.
"(3) PRIORITY OF RECEIPTS.-Transfers shall be made in
priority order based on"(A) the need of potential recipients for such technology;
"(B) the effectiveness of the technology to enhance
current counterdrug activities of potential recipients; and
"(C) the ability and willingness of potential recipients
to evaluate transferred technology.
"(4) AGREEMENT AUTHORITY.-The Director may enter into
an agreement with the Secretary of Homeland Security to
transfer technology with both counterdrug and homeland security applications to State, local, and tribal law enforcement
agencies on a reimbursable basis.
"(5) REPORT.-On or before July 1 of each year, the Director
shall submit a report to the appropriate congressional committees that addresses the following:
"(A) The number of requests received during the previous 12 months, including the identity of each requesting
agency and the type of technology requested.
"(B) The number of requests fulfilled during the previous 12 months, including the identity of each recipient
agency and the type of technology transferred.
"(C) A summary of the criteria used in making the
determination on what requests were funded and what
requests were not funded, except that such summary shall
not include specific information on any individual requests.
"(D) A general assessment of the future needs of the
program, based on expected changes in threats, expected
technologies, and likely need from potential recipients.
"(E) An assessment of the effectiveness of the technologies transferred, based in part on the evaluations provided by the recipients, with a recommendation whether
the technology should continue to be offered through the
program.".
(c) ASSISTANCE FROM SECRETARY OF HOMELAND SECURITY.Section 708(d) (21 U.S.C. 1707(d)) is amended by inserting ", the
Secretary of Homeland Security," after "The Secretary of Defense".

TITLE V-NATIONAL YOUTH MEDIA
CAMPAIGN
SEC. 501. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN.
(a) IN GENERAL.-Section 709 (21 U.S.C. 1708) is amended
to read as follows:

120 STAT. 3528

PUBLIC LAW 109-469-DEC. 29, 2006

"SEC. 709. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN.

"(a) IN GENERAL.-The Director shall conduct a national youth
anti-drug media campaign (referred to in this subtitle as the
'national media campaign') in accordance with this section for the
purposes of"(1) preventing drug abuse among young people in the
United States;
"(2) increasing awareness of adults of the impact of drug
abuse on young people; and
"(3) encouraging parents and other interested adults to
discuss with young people the dangers of illegal drug use.
"(b) USE OF FUNDS.-

"(1) IN GENERAL.-Amounts made available to carry out
this section for the national media campaign may only be
used for the following:
"(A) The purchase of media time and space, including
the strategic planning for, and accounting of, such purchases.
"(B) Creative and talent costs, consistent with paragraph (2)(A).
"(C) Advertising production costs.
"(D) Testing and evaluation of advertising.
"(E) Evaluation of the effectiveness of the national
media campaign.
"(F) The negotiated fees for the winning bidder on
requests for proposals issued either by the Office or its
designee to enter into contracts to carry out activities
authorized by this section.
"(G) Partnerships with professional and civic groups,
community-based organizations, including faith-based
organizations, and government organizations related to the
national media campaign.
"(H) Entertainment industry outreach, interactive outreach, media projects and activities, public information,
news media outreach, and corporate sponsorship and
participation.
"(I) Operational and management expenses.
"(2) SPECIFIC REQUIREMENTS."(A) CREATIVE SERVICES.-

"(i) In using amounts for creative and talent costs
under paragraph (1)(B), the Director shall use creative
services donated at no cost to the Government
(including creative services provided by the Partnership for a Drug-Free America) wherever feasible and
may only procure creative services for advertising"(I) responding to high-priority or emergent
campaign needs that cannot timely be obtained
at no cost; or
"(II) intended to reach a minority, ethnic, or
other special audience that cannot reasonably be
obtained at no cost; or
"(III) the Director determines that the Partnership for a Drug-Free America is unable to provide, pursuant to subsection (dX2)(B).
"(ii) Subject to the availability of appropriations,
no more than $1,500,000 may be expended under this
section each fiscal year on creative services, except

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3529

that the Director may expend up to $2,000,000 in
a fiscal year on creative services to meet urgent needs
of the national media campaign with advance approval
from the Committee on Appropriations of the Senate
and of the House of Representatives upon a showing
of the circumstances causing such urgent needs of the
national media campaign.
"(B) TESTING AND EVALUATION OF ADVERTISING-In
using amounts for testing and evaluation of advertising
under paragraph (1)(D), the Director shall test all
advertisements prior to use in the national media campaign
to ensure that the advertisements are effective and meet
industry-accepted standards. The Director may waive this
requirement for advertisements using no more than 10
percent of the purchase of advertising time purchased
under this section in a fiscal year and no more than 10
percent of the advertising space purchased under this section in a fiscal year, if the advertisements respond to
emergent and time-sensitive campaign needs or the
advertisements will not be widely utilized in the national
media campaign.
"(C) EVALUATION OF EFFECTIVENESS OF MEDIA CAMPAIGN.-In using amounts for the evaluation of the
effectiveness of the national media campaign under paragraph (1)(E), the Director shall-

"(i) designate an independent entity to evaluate
by April 20 of each year the effectiveness of the
national media campaign based on data from"(I) the Monitoring the Future Study published
by the Department of Health and Human Services;
"(II) the Attitude Tracking Study published
by the Partnership for a Drug-Free America;
"(III) the National Household Survey on Drug
Abuse; and
"(IV) other relevant studies or publications,
as determined by the Director, including tracking
and evaluation data collected according to marketing and advertising industry standards; and
"(ii) ensure that the effectiveness of the national
media campaign is evaluated in a manner that enables
consideration of whether the national media campaign
has contributed to reduction of illicit drug use among
youth and such other measures of evaluation as the
Director determines are appropriate.
"(3) PURCHASE OF ADVERTISING TIME AND SPACE.-Subject
to the availability of appropriations, for each fiscal year, not
less than 77 percent of the amounts appropriated under this
section shall be used for the purchase of advertising time and
space for the national media campaign, subject to the following
exceptions:

"(A) In any fiscal year for which less than $125,000,000
is appropriated for the national media campaign, not less
than 72 percent of the amounts appropriated under this
section shall be used for the purchase of advertising time
and space for the national media campaign.
"(B) In any fiscal year for which more than
$195,000,000 is appropriated under this section, not less

120 STAT. 3530

PUBLIC LAW 109-469-DEC. 29, 2006

than 82 percent shall be used for advertising production
costs and the purchase of advertising time and space for
the national media campaign.
"(c) ADVERTISING.-In carrying out this section, the Director
shall ensure that sufficient funds are allocated to meet the stated
goals of the national media campaign.
"(d) DIVISION OF RESPONSIBILITIES AND FUNCTIONS UNDER THE
PROGRAM.-

"(1) IN GENERAL.-The Director, in consultation with the
Partnership for a Drug-Free America, shall determine the
overall purposes and strategy of the national media campaign.
"(2) RESPONSIBILITIES."(A) DIRECT0R.-The Director shall be responsible for
implementing a focused national media campaign to meet
the purposes set forth in subsection (a), and shall approve"(i) the strategy of the national media campaign;
"(ii) all advertising and promotional material used
in the national media campaign; and
"(iii) the plan for the purchase of advertising time
and space for the national media campaign.
"(B) THE PARTNERSHIP FOR A DRUG-FREE AMERICA.The Director shall request that the Partnership for a DrugFree America-

Notification.
Deadline,

"(i) develop and recommend strategies to achieve
the goals of the national media campaign, including
addressing national and local drug threats in specific
regions or States, such as methamphetamine and
ecstasy;
"(ii) create all advertising to be used in the national
media campaign, except advertisements that are"(I) provided by other nonprofit entities pursuant to subsection (0;
"(II) intended to respond to high-priority or
emergent campaign needs that cannot timely be
obtained at no cost (not including production costs
and talent reuse payments), provided that any
such advertising material is reviewed by the Partnership for a Drug-Free America;
"(III) intended to reach a minority, ethnic, or
other special audience that cannot be obtained at
no cost (not including production costs and talent
reuse payments), provided that any such advertising material is reviewed by the Partnership for
a Drug-Free America; or
"(IV) any other advertisements that the
Director determines that the Partnership for a
Drug-Free America is unable to provide or if the
Director determines that another entity is more
appropriate, subject to the requirements of subsection (b)(2)(A).
If the Director determines that another entity is more
appropriate under clause (ii)(IV), the Director shall notify
Congress, through the committees of jurisdiction in the
House and Senate, in writing, not less than 30 days prior
to contracting with a party other than the Partnership
for a Drug-Free America.

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3531

"(C) MEDIA BUYING CONTRACTOR.-The Director shall
enter into a contract with a media buying contractor to
plan and purchase advertising time and space for the
national media campaign. The media buying contractor
shall not provide any other service or material, or conduct
any other function or activity which the Director determines should be provided by the Partnership for a DrugFree America.
"(e) PROHIBITIONS.-None of the amounts made available under
subsection (b) may be obligated or expended for any of the following:
"(1) To supplant current anti-drug community-based coalitions.
"(2) To supplant pro bono public service time donated by
national and local broadcasting networks for other public
service campaigns.
"(3) For partisan political purposes, or express advocacy
in support of or to defeat any clearly identified candidate,
clearly identified ballot initiative, or clearly identified legislative or regulatory proposal.
"(4) To fund advertising that features any elected officials,
persons seeking elected office, cabinet level officials, or other
Federal officials employed pursuant to section 213 of Schedule
C of title 5, Code of Federal Regulations.
"(5) To fund advertising that does not contain a primary
message intended to reduce or prevent illicit drug use.
"(6) To fund advertising containing a primary message
intended to promote support for the media campaign or private
sector contributions to the media campaign.
"U) MATCHING REQUIREMENT."(1) IN GENERAL.-Amounts made available under subsection (b) for media time and space shall be matched by
an equal amount of non-Federal funds for the national media
campaign, or be matched with in-kind contributions of the
same value.
"(2) No-CosT MATCH ADVERTISING DIRECT RELATIONSHIP
REQUIREMENT.-The Director shall ensure that at least 70 percent of no-cost match advertising provided directly relates to
substance abuse prevention consistent with the specific purposes of the national media campaign, except that in any fiscal
year in which less than $125,000,000 is appropriated to the
national media campaign, the Director shall ensure that at
least 85 percent of no-cost match advertising directly relates
to substance abuse prevention consistent with the specific purposes of the national media campaign.
"(3) NO-COST MATCH ADVERTISING NOT DIRECTLY RELATED.The Director shall ensure that no-cost match advertising that
does not directly relate to substance abuse prevention consistent
with the purposes of the national media campaign includes
a clear anti-drug message. Such message is not required to
be the primary message of the match advertising.
"(g) FINANCIAL AND PERFORMANCE ACCOUNTABILITY.-The
Director shall cause to be performed"(1) audits and reviews of costs of the national media
campaign pursuant to section 304C of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 254d); and

120 STAT. 3532

PUBLIC LAW 109-469-DEC. 29, 2006

"(2) an audit to determine whether the costs of the national
media campaign are allowable under section 306 of such Act
(41 U.S.C. 256).
"(h) REPORT TO CONGRESS-The Director shall submit on an
annual basis a report to Congress that describes"(1) the strategy of the national media campaign and
whether specific objectives of the media campaign were accomplished;
"(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the national media campaign;
"(3) plans to purchase advertising time and space;
"(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time
and space and eliminate the potential for waste, fraud, and
abuse; and
"(5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media
campaign.
"(i) Loci TARGET REQUIREMENT.-The Director shall, to the
maximum extent feasible, use amounts made available under this
section for media that focuses on, or includes specific information
on, prevention or treatment resources for consumers within specific
local areas.
"(j) PREVENTION OF MARIJUANA USE."(1) FINDINGS-The Congress finds the following:
"(A) 60 percent of adolescent admissions for drug treatment are based on marijuana use.
"(B) Potency levels of contemporary marijuana, particularly hydroponically grown marijuana, are significantly
higher than in the past, rising from under 1 percent of
THC in the mid-1970s to as high as 30 percent today.
"(C) Contemporary research has demonstrated that
youths smoking marijuana early in life may be up to 5
times more likely to use hard drugs.
"(D) Contemporary research has demonstrated clear
detrimental effects in adolescent educational achievement
resulting from marijuana use.
"(E) Contemporary research has demonstrated clear
detrimental effects in adolescent brain development
resulting from marijuana use.
"(F) An estimated 9,000,000 Americans a year drive
while under the influence of illegal drugs, including marijuana.
"(G) Marijuana smoke contains 50 to 70 percent more
of certain cancer causing chemicals than tobacco smoke.
"(H) Teens who use marijuana are up to 4 times more
likely to have a teen pregnancy than teens who have not.
"(I) Federal law enforcement agencies have identified
clear links suggesting that trade in hydroponic marijuana
facilitates trade by criminal organizations in hard drugs,
including heroin.
"(J) Federal law enforcement agencies have identified
possible links between trade in cannabis products and
financing for terrorist organizations.
"(2) EMPHASIS ON PREVENTION OF YOUTH MARIJUANA USE.In conducting advertising and activities otherwise authorized

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3533

under this section, the Director may emphasize prevention
of youth marijuana use.
"(k) PREVENTION OF METHAMPHETAMINE ABUSE AND OTHER
EMERGING DRUG ABUSE THREATS.-

"(1) REQUIREMENT TO USE 10 PERCENT OF FUNDS FOR METHAMPHETAMINE ABUSE PREVENTION.-The Director shall ensure
that, of the amounts appropriated under this section for the
national media campaign for a fiscal year, not less than 10
percent shall be expended solely for the activities described
in subsection (b)(1) with respect to advertisements specifically
intended to reduce the use of methamphetamine.
"(2) AUTHORITY TO USE FUNDS FOR OTHER DRUG ABUSE
UPON CERTIFICATION THAT METHAMPHETAMINE ABUSE FELL
DURING FISCAL YEAR 2007.-With respect to fiscal year 2008
and any fiscal year thereafter, if the Director certifies in writing
to Congress that domestic methamphetamine laboratory seizures (as reported to the El Paso Intelligence Center of the
Drug Enforcement Administration) decreased to at least 75
percent of the 2006 level, or the Director has documented
a highly, statistically significant increase in a specific drug,
from a baseline determined by locally collected data, that can
be defined as a local drug crisis, the Director may apply paragraph (1)(A) for that fiscal year with respect to advertisements
specifically intended to reduce the use of such other drugs.
"(1) AUTHORIZATION OF APPROPRIATIONS.-There is authorized
to be appropriated to the Office to carry out this section,
$195,000,000 for each of fiscal years 2007 and 2008 and
$210,000,000 for each of fiscal years 2009 through 2011.".
(b) REPEAL OF SUPERSEDED PROVISIONS.-The Drug-Free Media
Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is repealed.

21 USC
1801-1804.

TITLE VI-AUTHORIZATIONS AND
EXTENSION OF TERMINATION DATE
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
Section 714 is amended-

21 USC 1713.

(1) by striking "title," and inserting "title except activities
otherwise specified,"; and
(2) by striking "1999 through 2003" and inserting "2006
through 2010".
SEC. 602. EXTENSION OF TERMINATION DATE.

Section 715(a) is amended by striking "September 30, 2003, 21 USC 1714.
this title and the amendments made by this title" and inserting
"September 30, 2010, this title and the amendments made to this
title".

TITLE WI-ANTI-DOPING AGENCY
SEC. 701. DESIGNATION OF UNITED STATES ANTI-DOPING AGENCY.

(a) DEFINITIONS.-III this title:
(1) UNITED STATES OLYMPIC COMMITTEE.-The term "United
States Olympic Committee" means the organization established
by the "Ted Stevens Olympic and Amateur Sports Act" (36
U.S.C. 220501 et seq.).

21 USC 2001.

120 STAT. 3534

PUBLIC LAW 109-469-DEC. 29, 2006

(2) AMATEUR ATHLETIC COMPETITION-The term "amateur
athletic competition" means a contest, game, meet, match, tournament, regatta, or other event in which amateur athletes
compete (36 U.S.C. 220501(b)(2)).
(3) AMATEUR ATHLETE.-The term "amateur athlete" means
an athlete who meets the eligibility standards established by
the national governing body or paralympic sports organization
for the sport in which the athlete competes (36 U.S.C.
22501(b)( 1)).
(4) GENE DOPING.-The term "gene doping" means the nontherapeutic use of cells, genes, genetic elements, or of the
modulation of gene expression, having the capacity to enhance
athletic performance.
(b) IN GENERAL.-The United States Anti-Doping Agency
shall(1) serve as the independent anti-doping organization for
the amateur athletic competitions recognized by the United
States Olympic Committee;
(2) ensure that athletes participating in amateur athletic
activities recognized by the United States Olympic Committee
are prevented from using performance-enhancing drugs, or
performance-enhancing genetic modifications accomplished
through gene-doping;
(3) implement anti-doping education, research, testing, and
adjudication programs to prevent United States Amateur Athletes participating in any activity recognized by the United
States Olympic Committee from using performance-enhancing
drugs, or performance-enhancing genetic modifications accomplished through gene-doping;
(4) serve as the United States representative responsible
for coordination with other anti-doping organizations coordinating amateur athletic competitions recognized by the United
States Olympic Committee to ensure the integrity of athletic
competition, the health of the athletes and the prevention of
use of performance-enhancing drugs, or performance-enhancing
genetic modifications accomplished through gene-doping by
United States amateur athletes; and
(5) permanently include "gene doping" among any list of
prohibited substances adopted by the Agency.
21 USC 2002.

SEC. 702. RECORDS, AUDIT, AND REPORT.

(a) RECORDS.-The United States Anti-Doping Agency shall
keep correct and complete records of account.
(b) REP0RT.-The United States Anti-Doping Agency shall
submit an annual report to Congress which shall include(1) an audit conducted and submitted in accordance with
section 10101 of title 36, United States Code; and
(2) a description of the activities of the agency.
21 USC 2003.

SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the United States
Anti-Doping Agency(1) for fiscal year 2007, $9,700,000;
(2) for fiscal year 2008, $10,300,000;
(3) for fiscal year 2009, $10,600,000;
(4) for fiscal year 2010, $11,000,000; and
(5) for fiscal year 2011, $11,500,000.

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3535

TITLE Vill-DRUG-FREE COMMUNITIES
SEC. 801. REAUTHORIZATION.

(a) IN GENERAL.-Section 1024(a) of the Drug-Free Communities Act of 1997 (21 U.S.C. 1524(a)) is amended-

(1) in paragraph (9), by striking "and" after the semicolon;
(2) in paragraph (10), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
"(11) $109,000,000 for fiscal year 2008;
"(12) $114,000,000 for fiscal year 2009;
"(13) $119,000,000 for fiscal year 2010;
"(14) $124,000,000 for fiscal year 2011; and
"(15) $129,000,000 for fiscal year 2012.".
(b) ADMINISTRATION CosTs-Section 1024(b) of the Drug-Free
Communities Act of 1997 (21 U.S.C. 1524(b)) is amended to read
as follows:
"(b) ADMINISTRATIVE CosTs."(1) LIMITATION-Not more than 3 percent of the funds
appropriated for this chapter may be used by the Office of
National Drug Control Policy to pay for administrative costs
associated with their responsibilities under the chapter.
"(2) DESIGNATED AGENCY.-The agency delegated to carry
out this program under section 103 1(d) may use up to 5 percent
of the funds allocated for grants under this chapter for administrative costs associated with carrying out the program.".
SEC. 802. SUSPENSION OF GRANTS.

(a) IN GENERAL.-SectiOn 1032(b) of the Drug-Free Communities Act of 1997 (21 U.S.C. 1532(b)) is amended by adding at
the end the following:
"(4) PROCESS FOR SUSPENSION.-A grantee shall not be
suspended or terminated under paragraph (1)(A)(ii), (2)(A)(iii),
or (3)(E) unless that grantee is afforded a fair, timely, and
independent appeal prior to such suspension or termination.".
(b) REPORT TO CONGRESS.-NOt later than 60 days after the 21 USC 1532
date of enactment of this Act, the Director of the Office of National note.

Drug Control Policy shall submit to Congress a report detailing
the appeals process required by section 1032(b)(4) of the DrugFree Communities Act of 1997, as added by subsection (a).
SEC. 803. GRANT AWARD INCREASE.

Subsections (b)(1)(A)(iv), (b)(2)(C)(i), and (b)(3)(F) of section
1032 of the Drug-Free Communities Act of 1997 (21 U.S.C. 1532)
are amended by striking "$100,000" and inserting "$125,000".
SEC. 804. PROHIBITION ON ADDITIONAL ELIGIBILITY CRITERIA.
Section 1032(a) of the Drug-Free Communities Act of 1997
(21 U.S.C. 1532(a)) is amended by adding at the end the following:

"(7) ADDITIONAL CRITERIA.-The Director shall not impose
any eligibility criteria on new applicants or renewal grantees
not provided in this chapter.".
SEC. 805. NATIONAL COMMUNITY ANTI-DRUG COALITION INSTITUTE.
Section 4 of Public Law 107-82 (21 U.S.C. 1521 note), reauthorizing the Drug-Free Communities Support Program, is amended(1) by amending subsection (a) to read as follows:

120 STAT. 3536
Grants.

PUBLIC LAW 109-469--DEC. 29, 2006

"(a) 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 Anti-drug Coalition Institute.";

(2) by striking subsection (b) and redesignating subsections
(c) and (d) as (b) and (c), respectively; and
(3) in subsection (c), as redesignated by paragraph (2),
by adding at the end the following:
"(4) For each of the fiscal years 2008 through 2012,
$2,000,000.".

TITLE IX-NATIONAL GUARD
COUNTERDRUG SCHOOLS
32 Usc 112 note.

SEC. 901. NATIONAL GUARD COUNTERDRUG SCHOOLS.

(a) AUTHORITY To OPERATE.-Under such regulations as the
Secretary of Defense may prescribe, the Chief of the National Guard
Bureau may establish and operate, or provide financial assistance
to the States to establish and operate, not more than 5 schools
(to be known generally as "National Guard counterdrug schools").
(b) PURPOSE.-The purpose of the National Guard counterdrug
schools shall be the provision by the National Guard of training
in drug interdiction and counterdrug activities and drug demand
reduction activities to personnel of the following:
(1) Federal agencies.
(2) State, local, and tribal law enforcement agencies.
(3) Community-based organizations engaged in such activities.
(4) Other non-Federal governmental and private entities
and organizations engaged in such activities.
(c) COUNTERDRUG ScHooLs SPECIFIED.-The National Guard
counterdrug schools operated under the authority in subsection
(a) are as follows:
(1) The National Interagency Civil-Military Institute
(NICI), San Luis Obispo, California.
(2) The Multi-Jurisdictional Counterdrug Task Force
Training (MCTFT), St. Petersburg, Florida.
(3) The Midwest Counterdrug Training Center (MCTC),
Johnston, Iowa.
(4) The Regional Counterdrug Training Academy (RCTA),
Meridian, Mississippi.
(5) The Northeast Regional Counterdrug Training Center
(NCTC), Fort Indiantown Gap, Pennsylvania.
(d) USE OF NATIONAL GUARD PERSONNEL.-

(1) IN GENERAL-To the extent provided for in the State
drug interdiction and counterdrug activities plan of a State
in which a National Guard counterdrug school is located, personnel of the National Guard of that State who are ordered
to perform full-time National Guard duty authorized under
section 112(b) of that title 32, United States Code, may provide
training referred to in subsection (b) at that school.
(2) DEFINITION.-Jn 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

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3537

of the State to the Secretary of Defense under section 112
of title 32, United States Code.
(e) TREATMENT UNDER AUTHORITY To PROVIDE COUNTERDRUG Applicability.
SUPPORT-The provisions of section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10

U.S.C. 374 note) shall apply to any activities of a National Guard
counterdrug school under this section that are for an agency referred
to in subsection (a) of such section 1004 and for a purpose set
forth in subsection (b) of such section 1004.
(f) ANNUAL REPORTS ON AcTIvITIEs.(1) IN GENERAL.-Not later than February 1 each year,
the Secretary of Defense shall submit to Congress a report
on the activities of the National Guard counterdrug schools
during the preceding year.

(2) CONTENTS.-Each report under paragraph (1) shall set
forth the following:
(A) FUNDING.-TIIe amount made available for each
National Guard counterdrug school during the fiscal year
ending in the year preceding the year in which such report
is submitted.
(B) AcTIvITIE5.-A description of the activities of each
National Guard counterdrug school during the year preceding the year in which such report is submitted.
(g) AUTHORIZATION OF APPROPRiATIONS.-

(1) IN GENERAL.-There is hereby authorized to be appropriated for the Department of Defense for the National Guard
for each of fiscal years 2006 through 2010, $30,000,000 for
purposes of the National Guard counterdrug schools in such
fiscal year.
(2) CONSTRucTION-The amount authorized to be appropriated by paragraph (1) for a fiscal year is in addition to
any other amount authorized to be appropriated for the Department of Defense for the National Guard for such fiscal year.

METHAMPHET
X-NATIONAL
TITLE
CLEARINGINFORMATION
AMINE
HOUSE ACT OF 2006
SEC. 1001. SHORT TITLE.

This title may be cited as the National Methamphetamine
Information Clearinghouse Act of 2006".
SEC. 1002. DEFINITIONS.

In this title(1) the term "Council" means the National Methamphetamine Advisory Council established under section 1003(b)(1);
(2) the term "drug endangered children" means children
whose physical, mental, or emotional health are at risk because
of the production, use, or other effects of methamphetamine
production or use by another person;
(3) the term "National Methamphetamine Information
Clearinghouse" or "NMIC" means the information clearinghouse
established under section 1003(a); and

National
tetamine
se
Act of 2006.
21 USC 2001
note.

21 USC 2011,

120 STAT. 3538

PUBLIC LAW 109-469-DEC. 29, 2006
(4) the term "qualified entity" means a State, local, or
tribal government, school board, or public health, law enforcement, nonprofit, community anti-drug coalition, or other nongovernmental organization providing services related to
methamphetamines.

21 Usc 2012.

SEC. 1003. ESTABLISHMENT OF CLEARINGHOUSE AND ADVISORY
COUNCIL

(a) CLEARINGHOUSE.-There is established, under the supervision of the Attorney General of the United States, an information
clearinghouse to be known as the National Methamphetamine
Information Clearinghouse.
(b) ADVISORY CouNcIL.-

(1) IN GENERAL.-There is established an advisory council
to be known as the National Methamphetamine Advisory
Council.
(2) MEMBERSHIP.-The Council shall consist of 10 members
appointed by the Attorney General(A) not fewer than 3 of whom shall be representatives
of law enforcement agencies;
(B) not fewer than 4 of whom shall be representatives
of nongovernmental and nonprofit organizations providing
services or training and implementing programs or strategies related to methamphetamines; and
(C) 1 of whom shall be a representative of the Department of Health and Human Services.
(3) PERIOD OF APPOINTMENT; VACANCIES.-Members shall
be appointed for 3 years. Any vacancy in the Council shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(4) PERSONNEL MA11ERS.-

(A) TRAVEL EXPENSES.-The members of the Council
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places
of business in the performance of services for the Council.

(B) No COMPENSATION.-The members of the Council
shall not receive compensation for the performance of the
duties of a member of the Council.
21 USC 2013.

Communications

and teIe

mbnnIcat1ons.

SEC. 1004. NMIC REQUIREMENTS ANT) REVIEW.
(a) IN GENERAL.-The NMIC shall promote sharing information
regarding successful law enforcement, treatment, environmental,
prevention, social services, and other programs related to the
production, use, or effects of methamphetamine and grants available
for such programs.
(b) COMPONENTS.-The NMIC shall include(1) a toll-free number; and
(2) a website that provides a searchable database, which(A) provides information on the short-term and longterm effects of methamphetamine use;
(B) provides information regarding methamphetamine
treatment and prevention programs and strategies and programs for drug endangered children, including descriptions
of successful programs and strategies and contact information for such programs and strategies;

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3539

(C) provides information regarding grants for methamphetamine-related programs, including contact information and links to websites;
(D) allows a qualified entity to submit items to be
posted on the website regarding successful public or private
programs or other useful information related to the production, use, or effects of methamphetamine;
(E) includes a restricted section that may only be
accessed by a law enforcement organization that contains
successful strategies, training techniques, and other
information that the Council determines helpful to law
enforcement agency efforts to identify or combat the production, use, or effects of methamphetamine;
(F) allows public access to all information not in a
restricted section; and
(G) contains any additional information the Council
determines may be useful in identifying or combating the
production, use, or effects of methamphetamine.
Thirty days after the website in paragraph (2) is operational, no
funds shall be expended to continue the website methresources.gov.
(c) REVIEW OF POSTED INFORMATION.-

(1) IN GENERAL.-Not later than 30 days after the date
of submission of an item by a qualified entity, the Council
shall review an item submitted for posting on the website
described in subsection (b)(2)(A) to evaluate and determine whether the item, as
submitted or as modified, meets the requirements for
posting; and
(B) in consultation with the Attorney General, to determine whether the item should be posted in a restricted
section of the website.

Deadline.
Abolishment.
Deadline.

(2) DETERMINATION.-NOt later than 45 days after the date Deadline.
of submission of an item, the Council shall-

(A) post the item on the website described in subsection
(b)(2); or
(B) notify the qualified entity that submitted the item Notification.
regarding the reason such item shall not be posted and
modifications, if any, that the qualified entity may make
to allow the item to be posted.
SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.

21 USC 2014.

There are authorized to be appropriated(1) for fiscal year 2007(A) $500,000 to establish the NMIC and Council; and
(B) such sums as are necessary for the operation of
the NMIC and Council; and
(2) for each of fiscal years 2008 and 2009, such sums
as are necessary for the operation of the NMIC and Council.

TITLE XI-MISCELLANEOUS
PROVISIONS
SEC. 1101. REPEALS.

(a) ACT.-Section 710 is repealed.
(b) FORFEITURE ASSETS.-Section 6073 of the Assets Forfeiture

Amendments Act of 1988 (21 U.S.C. 1509) is repealed.

21 USC 1709.

120 STAT. 3540

PUBLIC LAW 109-469-DEC. 29, 2006

SEC. 1102. CONTROLLED SUBSTANCES ACT AMENDMENTS.

Deadline.
Notification,

Section 303(g)(2) of the Controlled Substances Act (21 U.S.C.
823(g)(2)) is amended(1) in subparagraph (B)(iii), by striking "except that the"
and inserting the following: "unless, not sooner than 1 year
after the date on which the practitioner submitted the initial
notification, the practitioner submits a second notification to
the Secretary of the need and intent of the practitioner to
treat up to 100 patients. A second notification under this clause
shall contain the certifications required by clauses (1) and (ii)
of this subparagraph. The"; and
(2) in subparagraph (J)(A) in clause (i), by striking "thereafter" and all that
follows through the period and inserting "thereafter.";
(B) in clause (ii), by striking "Drug Addiction Treatment Act of 2000" and inserting "Office of National Drug
Control Policy Reauthorization Act of 2006"; and
(C) in clause (iii), by striking "this paragraph should
not remain in effect, this paragraph ceases to be in effect"
and inserting "subparagraph (B)(iii) should be applied by
limiting the total number of patients a practitioner may
treat to 30, then the provisions in such subparagraph
(B)(iii) permitting more than 30 patients shall not apply,
effective".
SEC. 1103. REPORT ON LAW ENFORCEMENT INTELLIGENCE SHARING.

Not later than 180 days after the date of enactment of this
Act, the Director shall submit to Congress a report(1) evaluating existing and planned law enforcement intelligence systems used by Federal, State, local, and tribal law
enforcement agencies responsible for drug trafficking and drug
production enforcement; and
(2) addressing(A) the current law enforcement intelligence systems
used by Federal, State, local, and tribal law enforcement
agencies;
(B) the compatibility of such systems in ensuring access
and availability of law enforcement intelligence to Federal,
State, local, and tribal law enforcement;
(C) the extent to which Federal, State, local, and tribal
law enforcement are sharing law enforcement intelligence
information to assess current threats and design appropriate enforcement strategies; and
(D) the measures needed to ensure and to promote
effective information sharing among law enforcement intelligence systems operated by Federal, State, local, and tribal
law enforcement agencies responsible for drug trafficking
and drug production enforcement.
SEC. 1104. REQUIREMENT FOR SOUTH AMERICAN HEROIN STRATEGY.
Deadline.

(a) IN GENERAL.-Not later than 90 days after the date of

enactment of this Act, the Director, in coordination with the Secretary of State, shall submit to Congress a comprehensive strategy
that addresses the increased threat from South American heroin,
and in particular Colombian heroin, and the emerging threat from
opium poppy grown in Peru and often intended for transit to
Columbia for processing into heroin.

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3541

(b) C0NTENTs.-The strategy submitted under subsection (a)
shall include(1) opium eradication efforts to eliminate the problem at
the source to prevent heroin from entering the stream of commerce;
(2) interdiction and precursor chemical controls;
(3) demand reduction and treatment;
(4) alternative development programs, including direct
assistance to regional governments to demobilize and provide
alternative livelihoods to former members of insurgent or other
groups engaged in heroin, cocoa, or other illicit drug production
or trafficking;
(5) efforts to inform and involve local citizens in the programs described in paragraphs (1) through (4), such as through
leaflets advertising rewards for information; and
(6) an assessment of the specific level of funding and
resources necessary to simultaneously address the threat from
South American heroin and the threat from Colombian and
Peruvian coca.
(c) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE
INFORMATION.-Any content of the strategy submitted under subsection (a) that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant Federal agency,
would be detrimental to the law enforcement of national security
activities of any Federal, foreign, or international agency, shall
be presented to Congress separately from the rest of the strategy.
SEC. 1105. MODEL ACTS.
(a) IN GENERAL-The Director of the Office of National Drug

Control Policy shall provide for or shall enter into an agreement
with a non-profit corporation that is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code to(1) advise States on establishing laws and policies to
address alcohol and other drug issues, based on the model
State drug laws developed by the President's Commission on
Model State Drug Laws in 1993; and
(2) revise such model State drug laws and draft supplementary model State laws to take into consideration changes
in the alcohol and drug abuse problems in the State involved.
(b) AUTHORIZATION OF APPROPRIATIONS.-There is authorized
to be appropriated to carry out this subsection $1,500,000 for each
of fiscal years 2007 through 2011.

21 Usc 1701
racts

SEC. 1106. STUI)Y ON IATROGENIC ADDICTION ASSOCIATED WITH
PRESCRIPTION OPIOID ANALGESIC DRUGS.
(a) IN GENERAL.-

(1) STuDY-The Director of the Office of National Drug Contracts.
Control Policy shall request the Institute of Medicine of the
National Academy of Sciences to enter into an agreement under
which the Institute agrees to study certain aspects of iatrogenic
addiction to prescription opioid analgesics included in schedules
II and III of the Controlled Substances Act (21 U.S.C. 812).
(2) IATROGENIC ADDICTION.-In this section, the term "iatrogenic addiction" means an addiction developed from the use
of an opioid analgesic by an individual with no previous history
of any addiction, who has lawfully obtained and used the drug

120 STAT. 3542

PUBLIC LAW 109-469-DEC. 29, 2006

for a legitimate medical purpose by administration from, or
pursuant to the prescription or order of, an individual practitioner acting in the usual course of professional practice.
(b) REQUIREMENTS.-The study conducted pursuant to this section shall assess the current scientific literature to determine, if
possible(1) the rate of iatrogenic addiction associated with the
appropriate use of prescription drugs described in subsection
(a);
(2) the impact of iatrogenic addiction associated with the
appropriate use of prescription drugs described in subsection
(a) on the individual, the prescriber, other patients, and society
in general;
(3) the comparative abuse liability of prescription drugs
described in subsection (a) when used properly by the ultimate
user for a legitimate medical purpose; and
(4)(A) what types of prospective or retrospective studies
should be undertaken to determine the rate of iatrogenic addiction associated with the appropriate use of the prescription
drugs described in subsection (a); and
(B) a feasible timeline for conducting and reporting such
studies, should the current state of the scientific literature
be insufficient to determine the rate, impact, and comparative
abuse liability of prescription drugs described in subsection
(a).
(c) REPORT.-NOt later than 1 year after the date of enactment
of this Act, the Director of the Office of National Drug Control
Policy shall ensure that the agreement under subsection (a) provides
for the submission of a report to the Congress on the status of
the study conducted pursuant to this section.
SEC. 1107. REQUIREMENT FOR STRATEGY TO STOP INTERNET ADVERTISING OF PRESCRIPTION MEDICINES WITHOUT A
PRESCRIPTION.

Deadline.

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.
SEC. 1108. REQUIREMENT FOR STUDY ON DWERSION AND INAPPROPRIATE USES OF PRESCRIPTION DRUGS.

Deadline.
Reports.

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:
(1) Methods to utilize both public use surveys that are
in existence as of the date of enactment of this Act and other
surveys to provide appropriate baseline data on the natural
history of diversion and abuse of prescription drugs that are
included in schedules under the Controlled Substances Act
to evaluate the extent and nature of potential problems with
such use to guide corrective actions which may reduce such
problems without unintentionally hindering access to these

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3543

drugs for legitimate medical purposes. Specifically, other surveys to be considered are those that address the abuse of
these substances on a regional or national basis, and those
that address the diversion of these substances on a regional
or national basis.
(2) A scientifically based analysis of the relative contribution of both innate and acquired genetic factors, environmental
factors, psychological factors, and drug characteristics that contribute to addiction to prescription drugs.
SEC. 1109. REQUIREMENT FOR AFGHAN HEROIN STRATEGY.

(a) IN GENERAL-Not later than 90 days after the date of Deadline.
the enactment of this Act, the Director of the Office of National
Drug Control Policy shall submit to the Congress a comprehensive
strategy that addresses the increased threat from Afghan heroin.
(b) CONTENTS.-The strategy shall include-

(1) opium crop eradication efforts to eliminate the problem
at the source to prevent heroin from entering the stream of
commerce;
(2) destruction or other direct elimination of stockpiles
of heroin and raw opium, and heroin production and storage
facilities;
(3) interdiction and precursor chemical controls;
(4) demand reduction and treatment;
(5) alternative development programs;
(6) measures to improve cooperation and coordination
between Federal Government agencies, and between such agencies, agencies of foreign governments, and international
organizations with responsibility for the prevention of heroin
production in, or trafficking out of, Afghanistan; and
(7) an assessment of the specific level of funding and
resources necessary to significantly reduce the production and
trafficking of heroin.
(c) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE
INFORMATION.-Any content of the strategy that involves information classified under criteria established by an Executive order,
or whose public disclosure, as determined by the Director or the
head of any relevant Federal agency, would be detrimental to the
law enforcement or national security activities of any Federal, foreign, or international agency, shall be presented to Congress separately from the rest of the strategy.
SEC. 1110. REQUIREMENT FOR SOUTHWEST BORDER COUNTER.
NARCOTICS STRATEGY.

21 USC 1705
note.

(a) IN GENERAL-Not later than 120 days after the date of Deadlines.
enactment of this Act, and every 2 years thereafter, the Director

of National Drug Control Policy shall submit to the Congress a
Southwest Border Counternarcotics Strategy.
(b) PURPOSES.-The
Strategy shall-

Southwest

Border

Counternarcotics

(1) set forth the Government's strategy for preventing the
illegal trafficking of drugs across the international border
between the United States and Mexico, including through ports
of entry and between ports of entry on that border;
(2) state the specific roles and responsibilities of the relevant National Drug Control Program agencies (as defined
in section 702 of the Office of National Drug Control Policy

120 STAT. 3544

PUBLIC LAW 109-469-DEC. 29, 2006
Reauthorization Act of 1998 (21 U.S.C. 1701)) for implementing
that strategy; and
(3) identify the specific resources required to enable the
relevant National Drug Control Program agencies to implement
that strategy.

(c) SPECIFIC CONTENT RELATED TO DRUG TUNNELS BETWEEN
THE UNITED STATES AND MEXICO-The Southwest Border Counternarcotics Strategy shall include-

(1) a strategy to end the construction and use of tunnels
and subterranean passages that cross the international border
between the United States and Mexico for the purpose of illegal
trafficking of drugs across such border; and
(2) recommendations for criminal penalties for persons who
construct or use such a tunnel or subterranean passage for
such a purpose.
(d) CONSULTATION WITH OTHER AGENCIES.-The Director shall
issue the Southwest Border Counternarcotics Strategy in consultation with the heads of the relevant National Drug Control Program
agencies.
(e) LIMITATION.-The Southwest Border Counternarcotics
Strategy shall not change existing agency authorities or the laws
governing interagency relationships, but may include recommendations about changes to such authorities or laws.
U) REPORT TO CONGRESS.-The Director shall provide a copy
of the Southwest Border Counternarcotics Strategy to the appropriate congressional committees (as defined in section 702 of the
Office of National Drug Control Policy Reauthorization Act of 1998
(21 U.S.C. 1701)), and to the Committee on Armed Services and
the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate.
(g) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE
INFORMATION.-Any content of the Southwest Border Counternarcotics Strategy that involves information classified under criteria
established by an Executive order, or whose public disclosure, as
determined by the Director or the head of any relevant National
Drug Control Program agency, would be detrimental to the law
enforcement or national security activities of any Federal, State,
local, or tribal agency, shall be presented to Congress separately
from the rest of the strategy.
SEC. 1111. REQUIREMENT FOR SCIENTIFIC STUI)Y OF MYCORERBICIDE
IN ILLICIT DRUG CROP ERADICATION.

Deadline.
Reports.

(a) REQUIREMENT-NOt later than 90 days after the date of
enactment of this Act, the Director of the Office of National Drug
Control Policy shall submit to the Congress a report that includes
a plan to conduct, on an expedited basis, a scientific study of
the use of mycoherbicide as a means of illicit drug crop elimination
by an appropriate Government scientific research entity, including
a complete and thorough scientific peer review. The study shall
include an evaluation of the likely human health and environmental
impacts of mycoherbicides derived from fungus naturally existing
in the soil.

(b) STUDY.-The study required by this section shall be conducted in United States territory and not in any foreign country.

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3545

SEC. 1112. REQUIREMENT FOR STUDY OF STATE PRECURSOR CHEMICAL CONTROL LAWS.

(a) STUDY.-The Director of National Drug Control Policy, in
consultation with the National Alliance for Model State Drug Laws,
shall conduct a study of State laws with respect to precursor chemical controls.
(b) REpORT.-Not later than 6 months after the date of the
enactment of this Act, the Director of National Drug Control Policy
shall submit a report to Congress on the results of the study
under subsection (a), including(1) a comparison of the State laws studied and the effectiveness of each such law; and
(2) a list of best practices observed with respect to such
laws.
SEC. 1113. REQUIREMENT FOR STUDY OF DRUG ENDANGERED CHILDREN PROGRAMS.

(a) STUDY.-The Director of National Drug Control Policy shall
conduct a study of methamphetamine-related activities that are
conducted by different Drug Endangered Children programs
administered by States.
(b) REP0RT.-Not later than 6 months after the date of the
enactment of this Act, the Director of National Drug Control Policy
shall submit to Congress a report on the results of the study
under subsection (a). Such report shall include(1) an analysis of the best practices of the activities studied;
and
(2) recommendations for establishing a national policy to
address drug endangered children, based on the Drug Endangered Children programs administered by States.
(c) DEFINITIONS.-In this section-

(1) the term "methamphetamine-related activity" means
any activity related to the production, use, or effects of methamphetamine; and
(2) the term "drug endangered children" means children
whose physical, mental, or emotional health are at risk because
of the production, use, or effects of methamphetamine by
another person.
SEC. 1114. STUDY ON DRUG COURT HEARINGS IN NONTRADITIONAL
PLACES.

(a) FINDING.-Congress finds that encouraging drug courts and
schools to enter into partnerships that allow students to see the
repercussions of drug abuse by non-violent offenders may serve
as a strong deterrent and promote demand reduction.
(b) STuDY.-The Director of the Office of National Drug Control
Policy shall conduct a study on drug court programs that conduct
hearings in nontraditional public places, such as schools. At a
minimum, the study shall evaluate similar programs in operation,
such as the program operated in the Fourth Judicial District Drug
Court, in Washington County, Arkansas.
(c) REQUIREMENT.-At the same time the President submits

to Congress the National Drug Control Strategy due February 1,
2007, pursuant to section 706 of the Office of National Drug Control
Policy Reauthorization Act of 1998, the President shall submit
to Congress a report on the study conducted under subsection
(b). The report shall include an evaluation of the results of the

Schools.

Arkansas,

Deadline.
Reports.
President.

120 STAT. 3546

PUBLIC LAW 109-469-DEC. 29, 2006

study and such recommendations as the President considers appropriate.
(d) DEMAND REDUCTION.-In this section, the term "demand
reduction" has the meaning provided in section 702(1) of the Office
of National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701(1)).
SEC. 1115. REPORT ON TRIBAL GOVERNMENT PARTICIPATION IN
HIDTA PROCESS.

(a) REPORT REQUIREMENT.-The Director of the Office of
National Drug Control Policy shall prepare a report for Congress
on the representation of tribal governments in the High Intensity
Drug Trafficking Areas Program and in high intensity drug trafficking areas designated under that Program. The report shall
include(1) a list of the tribal governments represented in the
Program and a description of the participation by such governments in the Program;
(2) an explanation of the rationale for the level of representation by such governments; and
(3) recommendations by the Director for methods for
increasing the number of tribal governments represented in
the Program.
(b) DEADLINE.-The report prepared under subsection (a) shall
be submitted not later than 1 year after the date of the enactment
of this Act.
(c) DEFINITION.-In this section, the term "High Intensity Drug
Trafficking Areas Program" means the program established under
section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706)
SEC. 1116. REPORT ON SCHOOL DRUG TESTING.

(a) REPORT REQUIREMENT.-The Director of National Drug Control Policy shall prepare a report on drug testing in schools. The
report shall include a list of secondary schools that have initiated
drug testing from among those schools that have attended conferences on drug testing sponsored by the Office of National Drug
Control Policy.
(b) DEADLINE.-Not later than 120 days after the date of the
enactment of this Act, the Director of National Drug Control Policy
shall submit to Congress the report required under subsection (a).
SEC. 1117. REPORT ON ONDCP PERFORMANCE BONUSES.

(a) REPORT REQUIREMENT.-The Director of National Drug Control Policy shall prepare a report on performance bonuses at the
Office of National Drug Control Policy. The report shall include
a list of employees who received performance bonuses, and the
amount of such bonuses, for the period beginning on October 1,
2004, and ending on the date of submission of the report.
(b) DEADLINE.-Not later than 120 days after the date of the
enactment of this Act, the Director of National Drug Control Policy
shall submit to Congress the report required under subsection (a).
SEC. 1118. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL FEDERAL ADVERTISING OR OTHER COMMUNICATION MATERIALS.

21 Usc 1710a.

Section 712 is amended to read as follows:

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3547

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

"(a) REQUIREMENT.-Each advertisement or other communica- Notice.
tion paid for by the Office, either directly or through a contract
awarded by the Office, shall include a prominent notice informing
the target audience that the advertisement or other communication
is paid for by the Office.
"(b) ADVERTISEMENT OR OTHER COMMuNIcATION.-In this section, the term 'advertisement or other communication' includes"(1) an advertisement disseminated in any form, including
print or by any electronic means; and

"(2) a communication by an individual in any form,
including speech, print, or by any electronic means.".
SEC. 1119. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE ABSTINENCE IN CHRONIC HARDUNDER COMMUNITY SUPERVISION
USERS
DRUG
THROUGH TILE USE OF DRUG TESTING AND SANCTIONS.

At the end of the Act, insert the following:
"SEC. 716. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PART- 21 Usc 1714.
NERSHIPS TO COERCE ABSTINENCE IN CHRONIC HARDDRUG USERS UNDER COMMUNITY SUPERVISION THROUGH
THE USE OF DRUG TESTING AND SANCTIONS.

"(a) AwARDS REQUIRED.-The Director shall make competitive
awards to fund demonstration programs by eligible partnerships
for the purpose of reducing the use of illicit drugs by chronic
hard-drug users living in the community while under the supervision of the criminal justice system.
"(b) UsE OF AwARD AMOUNTS.-Award amounts received under
this section shall be used"(1) to support the efforts of the agencies, organizations,
and researchers included in the eligible partnership;
"(2) to develop and field a drug testing and graduated
sanctions program for chronic hard-drug users living in the
community under criminal justice supervision; and
"(3) to assist individuals described in subsection (a) by
strengthening rehabilitation efforts through such means as job
training, drug treatment, or other services.
"(c) ELIGIBLE PARTNERSHIP DEFINED.-In this section, the term
'eligible partnership' means a working group whose application
to the Director"(1) identifies the roles played, and certifies the involvement of, two or more agencies or organizations, which may
include"(A) State, local, or tribal agencies (such as those carrying out police, probation, prosecution, courts, corrections,
parole, or treatment functions);
"(B) Federal agencies (such as the Drug Enforcement
Agency, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, and United States Attorney offices); and
"(C) community-based organizations;
"(2) includes a qualified researcher;
"(3) includes a plan for using judicial or other criminal
justice authority to administer drug tests to individuals
described in subsection (a) at least twice a week, and to swiftly

120 STAT. 3548

PUBLIC LAW 109-469-DEC. 29, 2006

and certainly impose a known set of graduated sanctions for
non-compliance with community-release provisions relating to
drug abstinence (whether imposed as a pre-trial, probation,
or parole condition or otherwise);
"(4) includes a strategy for responding to a range of substance use and abuse problems and a range of criminal histories;
"(5) includes a plan for integrating data infrastructure
among the agencies and organizations included in the eligible
partnership to enable seamless, real-time tracking of individuals described in subsection (a);
"(6) includes a plan to monitor and measure the progress
toward reducing the percentage of the population of individuals
described in subsection (a) who, upon being summoned for
a drug test, either fail to show up or who test positive for
drugs.
"(d) REPORTS TO CONGRESS."(1) INTERIM REPORT-Not later than June 1, 2009, the
Director shall submit to Congress a report that identifies the
best practices in reducing the use of illicit drugs by chronic
hard-drug users, including the best practices identified through
the activities funded under this section.
"(2) FINAL REPORT.-Not later than June 1, 2010, the
Director shall submit to Congress a report on the demonstration
programs funded under this section, including on the matters
specified in paragraph (1).
"(e) AUTHORIZATION OF APPROPRIATIONS.-There is authorized
to be appropriated to carry out this section $4,900,000 for each
of fiscal years 2007 through 2009.".
SEC. 1120. POLICY RELATING TO SYRINGE EXCHANGE PROGRAMS.
Section 703(a) (21 U.S.C. 1702(a)) is amended by adding at
the end the following:

"When developing the national drug control policy, any policy of
the Director relating to syringe exchange programs for intravenous
drug users shall be based on the best available medical and scientific evidence regarding their effectiveness in promoting individual health and preventing the spread of infectious disease, and
their impact on drug addiction and use. In making any policy
relating to syringe exchange programs, the Director shall consult

PUBLIC LAW 109-469-DEC. 29, 2006

120 STAT. 3549

with the National Institutes of Health and the National Academy
of Sciences.".
Approved December 29, 2006.

LEGISLATWE HISTORY-HR. 6344 (S. 2560):
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 7, considered and passed House.
Dec. 8, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Dec. 29, Presidential statement.

0

STOP Act (Engrossed Amendment as Agreed to by Senate)
HR 864 EAS
In the Senate of the United States,
December 6, 2006.

Resolved, That the bill from the House of Representatives (H.R. 864) entitled 'An Act to
provide for programs and activities with respect to the prevention of underage drinking.!,
do pass with the following
AMENDMENT.

Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Sober Truth on Preventing Underage Drinking Act'
or the 'STOP Act'.

SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SER VICE A CT.
Section 519B of the Public Health Service Act (42 US.C. 290bb-25b) is amended
by striking subsections (a) through (i') and inserting the following:
'(a) Definitions- For purposes of this section:
'(1) The term 'alcohol beverage industry' means the brewers, vintners,
distillers, importers, distributors, and retail or online outlets that sell or
serve beer, wine, and distilled spirits.
'(2) The term 'school-based prevention' means programs, which are
institutionalized, and run by staff members or school-designated persons
or organizations in any grade of school, kindergarten through 12th grade.
'(3) The term 'youth' means persons under the age of 2].
'(4) The term 'IOM report' means the report released in September 2003
by the National Research Council, Institute of Medicine, and entitled
'Reducing Underage Drinking: A Collective Responsibility'.
'(b) Sense of Congress- It is the sense of the Congress that:
'(1) A multi-faceted effort is needed to more successfully address the
problem of underage drinking in the United States. A coordinated
approach to prevention, intervention, treatment, enforcement, and
research is key to making progress. This Act recognizes the needfor a
focused national effort, and addresses particulars of the Federal portion
of that effort, as well as Federal support for State activities.
'(2) The Secretary of Health and Human Services shall continue to
conduct research and collect data on the short and long-range impact of
alcohol use and abuse upon adolescent brain development and other
organ systems.

'(3) States and communities, including colleges and universities, are
encouraged to adopt comprehensive prevention approaches, including-'(A) evidence-based screening, programs and curricula;
'(B) brief intervention strategies;
'(C) consistent policy enforcement; and
'(D) environmental changes that limit underage access to alcohol.
'(4) Public health groups, consumer groups, and the alcohol beverage
industry should continue and expand evidence-based efforts to prevent
and reduce underage drinking.
'(5) The entertainment industries have a powerful impact on youth, and
they should use rating systems and marketing codes to reduce the
likelihood that underage audiences will be exposed to movies, recordings,
or television programs with unsuitable alcohol content.
'(6) The National Collegiate Athletic Association, its member colleges and
universities, and athletic conferences should affirm a commitment to a
policy of discouraging alcohol use among underage students and other
young fans.
'(7) Alcohol is a unique product and should be regulated dfferently than
other products by the States and Federal Government. States have
primary authority to regulate alcohol distribution and sale, and the
Federal Government should support and supplement these State efforts.
States also have a responsibility to fight youth access to alcohol and
reduce underage drinking. Continued State regulation and licensing of the
manufacture, importation, sale, distribution, transportation and storage of
alcoholic beverages are clearly in the public interest and are critical to
promoting responsible consumption, preventing illegal access to alcohol
by persons under 21 years of age from commercial and non-commercial
sources, maintaining industry integrity and an orderly marketplace, and
furthering effective State tax collection.
'(c) Interagency Coordinating Committee; Annual Report on State Underage
Drinking Prevention and Enforcement Activities'(1) INTERAGENCY COORDINATING COMMITTEE ON THE
PREVENTION OF UNDERAGE DRINKING'(A) IN GENERAL- The Secretary, in collaboration with the
Federal officials spec'/led in subparagraph (B), shallformally
establish and enhance the efforts of the interagency coordinating
committee, that began operating in 2004, focusing on underage
drinking (referred to in this subsection as the 'Committee).
'(B) OTHER AGENCIES- The officials referred to in paragraph
(1) are the Secretary of Education, the Attorney General, the
Secretary of Transportation, the Secretary of the Treasury, the
Secretary of Defense, the Surgeon General, the Director of the
Centers for Disease Control and Prevention, the Director of the
National Institute on AlcoholAbuse andAlcoholism, the
Administrator of the Substance Abuse and Mental Health Services
Administration, the Director of the National Institute on Drug

Abuse, the Assistant Secretary for Children and Families, the
Director of the Office of National Drug Control Policy, the
Administrator of the National Highway Traffic Safety
Administration, the Administrator of the Office of Juvenile Justice
and Delinquency Prevention, the Chairman of the Federal Trade
Commission, and such other Federal officials as the Secretary of
Health and Human Services determines to be appropriate.
'(C) CHAIR- The Secretary of Health and Human Services shall
serve as the chair of the Committee.
'(D) DUTIES- The Committee shall guide policy and program
development across the Federal Government with respect to
underage drinking, provided, however, that nothing in this section
shall be construed as transferring regulatory or program authority
from an Agency to the Coordinating Committee.
'(E) CONSULTATIONS- The Committee shall actively seek the
input of and shall consult with all appropriate and interested
parties, including States, public health research and interest
groups, foundations, and alcohol beverage industry trade
associations and companies.
'(F) ANNUAL REPORT'(i) IN GENERAL- The Secretary, on behalf of the
Committee, shall annually submit to the Congress a report
that summarizes'(I) all programs and policies of Federal agencies
designed to prevent and reduce underage drinking;
'(II) the extent ofprogress in preventing and
reducing underage drinking nationally;
'(III) data that the Secretary shall collect with
respect to the information specfled in clause (ii);
and
'(IV) such other information regarding underage
drinking as the Secretary determines to be
appropriate.
'(ii) CERTAIN INFORMA TION- The report under clause
(i) shall include information on the following:
'(I) Patterns and consequences of underage
drinking as reported in research and surveys such
as, but not limited to Monitoring the Future, Youth
Risk Behavior Surveillance System, the National
Survey on Drug Use and Health, and the Fatality
Analysis Reporting System.
'(II) Measures of the availability of alcoholfrom
commercial and non-commercial sources to
underage populations.
'(III) Measures of the exposure of underage
populations to messages regarding alcohol in

advertising and the entertainment media as
reported by the Federal Trade Commission.
'(IV) Surveillance data, including information on
the onset and prevalence of underage drinking,
consumption patterns and the means of underage
access. The Secretary shall develop a plan to
improve the collection, measurement and
consistency of reporting Federal underage alcohol
data.
'(V) Any additional findings resulting from research
conducted or supported under subsection (I).
'(VI) Evidence-based best practices to prevent and
reduce underage drinking and provide treatment
services to those youth who need them.
'(2) ANNUAL REPORT ON STATE UNDERAGE DRINKING
PREVENTION AND ENFORCEMENT ACTIVITIES'(A) IN GENERAL- The Secretary shall, with input and
collaboration from other appropriate Federal agencies, States,
Indian tribes, territories, and public health, consumer, and alcohol
beverage industry groups, annually issue a report on each State
performance in enacting, enforcing, and creating laws,
regulations, and pro grams to prevent or reduce underage drinking.
'(B) STATE PERFORMANCE MEASURES'(i) IN GENERAL- The Secretary shall develop, in
consultation with the Committee, a set of measures to be
used in preparing the report on best practices.
'(ii) CATEGORIES- In developing these measures, the
Secretary shall consider categories including, but not
limited to:
'(I) Whether or not the State has comprehensive
anti-underage drinking laws such as for the illegal
sale, purchase, attempt to purchase, consumption,
or possession of alcohol; illegal use offraudulent
ID; illegal furnishing or obtaining of alcohol for an
individual under 21 years; the degree of strictness
of the penalties for such offenses; and the
prevalence of the enforcement of each of these
infractions.
'(II) Whether or not the State has comprehensive
liability statutes pertaining to underage access to
alcohol such as dram shop, social host, and house
party laws, and the prevalence of enforcement of
each of these laws.
'(III) Whether or not the State encourages and
conducts comprehensive enforcement efforts to
prevent underage access to alcohol at retail outlets,

such as random compliance checks and shoulder
tap programs, and the number of compliance checks
within alcohol retail outlets measured against the
number of total alcohol retail outlets in each State,
and the result of such checks.
'(IV) Whether or not the State encourages training
on the proper selling and serving of alcohol for all
sellers and servers of alcohol as a condition of
employment.
'(V) Whether or not the State has policies and
regulations with regard to direct sales to consumers
and home delivery of alcoholic beverages.
'(VI) Whether or not the State has programs or laws
to deter adults from purchasing alcohol for minors;
and the number of adults targeted by these
programs.
'(VII) Whether or not the State has programs
targeted to youths, parents, and caregivers to deter
underage drinking, and the number of individuals
served by these programs.
'(VIII) Whether or not the State has enacted
graduated drivers licenses and the extent of those
provisions.
'(IX) The amount that the State invests, per youth
capita, on the prevention of underage drinking,
further broken down by the amount spent on-'(aa) compliance check programs in retail outlets, including providing technology to
prevent and detect the use offalse identfication by minors to make alcohol purchases;
'(bb) checkpoints and saturation patrols that include the goal of reducing and deterring
underage drinking;
'(cc) community-based, school-based, and hi gher-education-based programs to prevent
underage drinking;
'(dd) underage drinking prevention programs that target youth within the juvenile justice
and child welfare systems; and
'(ee) other State efforts or programs as deemed appropriate.
'(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out this subsection $1,000, 000forfiscal year
2007, and $1,000, 000 for each of the fiscal years 2008 through 2010.
'(d) National Media Campaign To Prevent Underage Drinking-

'(1) SCOPE OF THE CAMPAIGN- The Secretary shall continue to fund
and oversee the production, broadcasting, and evaluation of the national
adult-oriented media public service campaign f the Secretary determines
that such campaign is effective in achieving the media campaign's
measurable objectives.
'(2) REPORT- The Secretary shall provide a report to the Congress
annually detailing the production, broadcasting, and evaluation of the
campaign referred to in paragraph (1), and to detail in the report the
effectiveness of the campaign in reducing underage drinking, the need for
and likely effectiveness of an expanded adult-oriented media campaign,
and the feasibility and the likely effectiveness of a national youth-focused
media campaign to combat underage drinking.
'(3) CONSULTATION REQUIREMENT- In carrying out the media
campaign, the Secretary shall direct the entity carrying out the national
adult-oriented media public service campaign to consult with interested
parties including both the alcohol beverage industry and public health and
consumer groups. The progress of this consultative process is to be
covered in the report under paragraph (2).
'(4) AUTHORIZATION OFAPPROPRIATIONS- There are authorized to
be appropriated to carry out this subsection, $1,000, 000 for fiscal year
2007 and $1,000, 000 for each of the fiscal years 2008 through 2010.
'(e) Interventions'(1) COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO
PREVENT UNDERAGE DRINKING'(A) AUTHORIZATION OF PROGRAM- The Administrator of the
Substance Abuse and Mental Health Services Administration, iii
consultation with the Director of the Office of National Drug
Control Policy, shall award, f the Administrator determines that
the Department of Health and Human Services is not currently
conducting activities that duplicate activities of the type described
in this subsection, 'enhancement grants' to eligible entities to
design, test, evaluate and disseminate effective strategies to
maximize the effectiveness of community-wide approaches to
preventing and reducing underage drinking This subsection is
subject to the availability of appropriations.
'(B) P URPOSES- The purposes of this paragraph are to'(i) prevent and reduce alcohol use among youth in
communities throughout the United States;
'(ii) strengthen collaboration among communities, the
Federal Government, and State, local, and tribal
governments;
'(iii) enhance intergovernmental cooperation and
coordination on the issue of alcohol use among youth;
'(iv) serve as a catalyst for increased citizen participation
and greater collaboration among all sectors and
organizations of a community that first demonstrates a

long-term commitment to reducing alcohol use among
youth;
'(v) disseminate to communities timely information
regarding state-of-the-art practices and initiatives that
have proven to be effective in preventing and reducing
alcohol use among youth; and
'(vi) enhance, not supplant, effective local community
initiatives for preventing and reducing alcohol use among
youth.
'(C) APPLICATION- An eligible entity desiring an enhancement
grant under this paragraph shall submit an application to the
Administrator at such time, and in such manner, and accompanied
by such information as the Administrator may require. Each
application shall include'(i) a complete description of the entity's current underage
alcohol use prevention initiatives and how the grant will
appropriately enhance the focus on underage drinking
issues; or
'(ii) a complete description of the entity's current
initiatives, and how it will use this grant to enhance those
initiatives by adding a focus on underage drinking
prevention.
'(D) USES OF FUNDS- Each eligible entity that receives a grant
under this paragraph shall use the grant funds to carry out the
activities described in such entity's application subm itted pursuant
to subparagraph (C). Grants under this paragraph shall not
exceed $50,000 per year and may not exceed four years.
'(E) SUPPLEMENT NOT SUPPLANT- Grant funds provided
under this paragraph shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this paragraph.
'(F) EVALUATION- Grants under this paragraph shall be subject
to the same evaluation requirements and procedures as the
evaluation requirements and procedures imposed on recipients of
drug free community grants.
'(G) DEFINITIONS- For purposes of this paragraph, the term
'eligible entity' means an organization that is currently receiving
or has received grant funds under the Drug-Free Communities Act
of 1997(21 US.C. 1521 etseq.).
'(H) ADMINISTRATIVE EXPENSES- Not more than 6 percent of a
grant under this paragraph may be expended for administrative
expenses.
'(I) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to carry out this paragraph
$5,000,000forjlscal year 2007, and $5,000,000 for each of the
fiscal years 2008 through 2010.

'(2) GRANTS DIRECTED AT PRE VENTING AND REDUCING
ALCOHOL ABUSE AT INSTITUTIONS OF HIGHER ED UCA TION'(A) A UTHORIZA TION OF PROGRAM- The Secretary shall
award grants to eligible entities to enable the entities to prevent
and reduce the rate of underage alcohol consumption including
binge drinking among students at institutions of higher education.
'(B) APPLICATIONS- An eligible entity that desires to receive a
grant under this paragraph shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Each application shall
include'(i) a description of how the eligible entity will work to
enhance an existing or where none exists to build a,
statewide coalition;
'(ii) a description of how the eligible entity will target
underage students in the State;
'(iii) a description of how the eligible entity intends to
ensure that the statewide coalition is actually implementing
the purpose of this section and moving toward indicators
described in subparagraph (D);
'(iv) a list of the members of the statewide coalition or
interested parties involved in the work of the eligible entity;
'(v) a description of how the eligible entity intends to work
with State agencies on substance abuse prevention and
education;
'(vi) the anticipated impact offunds provided under this
paragraph in preventing and reducing the rates of
underage alcohol use;
'(vii) outreach strategies, including ways in which the
eligible entity proposes to'(I) reach out to students and community
stake holders ;
'(II) promote the purpose of this paragraph;
'(III) address the range of needs of the students and
the surrounding communities; and
'(IV) address community norms for underage
students regarding alcohol use; and
'(viii) such additional information as required by the
Secretary.
'(C) USES OF FUNDS- Each eligible entity that receives a grant
under this paragraph shall use the grant funds to carry out the
activities described in such entity's application submitted pursuant
to subparagraph (B).
'(D) ACCOUNTABILITY- On the date on which the Secretary first
publishes a notice in the Federal Register soliciting applications
for grants under this paragraph, the Secretary shall include in the

notice achievement indicators for the program authorized under
this paragraph. The achievement indicators shall be designed'(i) to measure the impact that the statewide coalitions
assisted under this paragraph are having on the institutions
of higher education and the surrounding communities,
including changes in the number of incidents of any kind in
which students have abused alcohol or consumed alcohol
while under the age of2l (including violations, physical
assaults, sexual assaults, reports of intimidation,
disruptions of schoolfunctions, disruptions of student
studies, mental health referrals, illnesses, or deaths);
'(ii) to measure the quality and accessibility of the
programs or information offered by the eligible entity; and
'(iii) to provide such other measures ofpro gram impact as
the Secretary determines appropriate.
'(E) SUPPLEMENT NOT SUPPLANT- Grant funds provided
under this paragraph shall be used to supplement, and not
supplant, Federal and non-Federal funds available for carrying
out the activities described in this paragraph.
'(F) DEFINITIONS- For purposes of this paragraph:
'(i) ELIGIBLE ENTITY- The term 'eligible entity' means a
State, institution of higher education, or nonprofit entity.
'(ii) INSTITUTION OF HIGHER ED UCA TION- The term
'institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 US.C. 1001(a)).
'(iii) SECRETARY- The term 'Secretary' means the
Secretary of Education.
'(iv) STATE- The term 'State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
'(v) STATEWIDE COALITION- The term 'statewide
coalition' means a coalition that'(I) includes, but is not limited to-'(aa) institutions of higher education within a State; and
'(bb) a nonprofit group, a community underage drinking prevention coalition, or another
substance abuse prevention group within a State; and
'(II) works toward lowering the alcohol abuse rate
by targeting underage students at institutions of
higher education throughout the State and in the
surrounding communities.

'(vi) SURROUNDING COMMUNITY- The term
'surrounding community' means the community--

'(I) that surrounds an institution of higher
education participating in a statewide coalition;
'(II) where the students from the institution of
higher education take part in the community; and
'(III) where students from the institution of higher
education live in off-campus housing
'(G) ADMINISTRATIVE EXPENSES- Not more than 5 percent of a
grant under this paragraph may be expendedfor administrative
expenses.
'(H) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to carry out this paragraph
$5,000,000 for fiscal year 2007, and $5,000,000 for each of the
fiscal years 2008 through 2010.
'( Additional Research'(1) ADDITIONAL RESEARCH ON UNDERAGE DRINKING'(A) IN GENERAL- The Secretary shall, subject to the availability
of appropriations, collect data, and conduct or support research
that is not duplicative of research currently being conducted or
supported by the Department of Health and Human Services, on
underage drinking, with respect to the following:
'(i) Comprehensive community-based programs or
strategies and statewide systems to prevent and reduce
underage drinking, across the underage years from early
childhood to age 21, including programs funded and
implemented by government entities, public health interest
groups and foundations, and alcohol beverage companies
and trade associations.
'(ii) Annually obtain and report more precise information
than is currently collected on the scope of the underage
drinking problem and patterns of underage alcohol
consumption, including improved knowledge about the
problem and progress in preventing, reducing and treating
underage drinking; as well as information on the rate of
exposure ofyouth to advertising and other media messages
encouraging and discouraging alcohol consumption.
'(iii) Compiling information on the involvement of alcohol
in unnatural deaths ofpersons ages 12 to 20 in the United
States, including suicides, homicides, and unintentional
injuries such as falls, drownings, burns, poisonings, and
motor vehicle crash deaths.
'(B) CERTAINMATTERS- The Secretary shall carry out activities
toward the following objectives with respect to underage drinking:
'(i) Obtaining new epidemiological data within the national
or targeted surveys that ident/y alcohol use and attitudes
about alcohol use during pre- and early adolescence,
including harm caused to self or others as a result of

adolescent alcohol use such as violence, date rape, risky
sexual behavior, and prenatal alcohol exposure.
'(ii) Developing or identifying successful clinical
treatments for youth with alcohol problems.
'(C) PEER REVIEW- Research under subparagraph (A) shall meet
current Federal standards for scientjIc peer review.
'(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated to carry out this subsection $6,000, 000forfiscal year
2007, and $6,000,000 for each of the fiscal years 2008 through 2010.'.

Attest:
Secretary.
109th CONGRESS
2d Session
H. R. 864
AMENDMENT