Pub. L. 109-469, tit. I, sec. 103
APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR.
SEC. 103. APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR.(a) Succession.—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—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.”.(c) Review and Certification of National Drug Control Program Budget.—Section 704(c)(3) is amended—(1) in subparagraph (C)(iii), by inserting “and the appropriate congressional committees,” after “House of Representatives”; and(2) in subparagraph (D)(ii)(II)(bb), by inserting “and the appropriate congressional committees,” after “House of Representatives”.(d) Powers of Director.—Section 704(d) is amended—(1) in paragraph (9), by striking “Strategy; and” and inserting “Strategy and notify the appropriate congressional committees of any fund control notice issued in accordance with section 704(f)(5);”; and(2) in paragraph (10), by inserting before the period the following: “and section 706 of the Department of State Authorization Act for Fiscal Year 2003 (22 U.S.C. 229j–1)”.(e) Fund Control Notices.—Section 704(f) is amended by adding at the end the following:“(4) Congressional notice.—A copy of each fund control notice shall be transmitted to the appropriate congressional committees.“(5) Restrictions.—The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner—“(A) contrary, in whole or in part, to a specific appropriation; or“(B) contrary, in whole or in part, to the expressed intent of Congress.”.(f) Drug Interdiction.—(1) In general.—Section 711 is amended by adding at the end the following:120 STAT. 3508 “SEC. 711. DRUG INTERDICTION COORDINATOR AND COMMITTEE.“(a) United States Interdiction Coordinator.—“(1) In general.—The United States Interdiction Coordinator shall perform the duties of that position described in paragraph (2) and such other duties as may be determined by the Director with respect to coordination of efforts to interdict illicit drugs from entering the United States.“(2) Responsibilities.—The United States Interdiction Coordinator shall be responsible to the Director for—“(A) coordinating the interdiction activities of the National Drug Control Program agencies to ensure consistency with the National Drug Control Strategy;“(B) on behalf of the Director, developing and issuing, on or before March 1 of each year and in accordance with paragraph (3), a National Interdiction Command and Control Plan to ensure the coordination and consistency described in subparagraph (A);“(C) assessing the sufficiency of assets committed to illicit drug interdiction by the relevant National Drug Control Program agencies; and“(D) advising the Director on the efforts of each National Drug Control Program agency to implement the National Interdiction Command and Control Plan.“(3) Staff.—The Director shall assign such permanent staff of the Office as he considers appropriate to assist the United States Interdiction Coordinator to carry out the responsibilities described in paragraph (2), and may also, at his discretion, request that appropriate National Drug Control Program agencies detail or assign staff to the Office of Supply Reduction for that purpose.“(4) National interdiction command and control plan.—“(A) Purposes.—The National Interdiction Command and Control Plan shall—“(i) set forth the Government’s strategy for drug interdiction;“(ii) state the specific roles and responsibilities of the relevant National Drug Control Program agencies for implementing that strategy; and“(iii) identify the specific resources required to enable the relevant National Drug Control Program agencies to implement that strategy.“(B) Consultation with other agencies.—The United States Interdiction Coordinator shall issue the National Interdiction Command and Control Plan in consultation with the other members of the Interdiction Committee described in subsection (b).“(C) Limitation.—The National Interdiction Command and Control Plan shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws.“(D) Report to congress.—On or before March 1 of each year, the United States Interdiction Coordinator shall provide a report on behalf of the Director to the appropriate congressional committees, to the Committee 120 STAT. 3509 on Armed Services and the Committee on Homeland Security of the House of Representatives, and to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate, which shall include—“(i) a copy of that year’s National Interdiction Command and Control Plan;“(ii) information for the previous 10 years regarding the number and type of seizures of drugs by each National Drug Control Program agency conducting drug interdiction activities, as well as statistical information on the geographic areas of such seizures; and“(iii) information for the previous 10 years regarding the number of air and maritime patrol hours undertaken by each National Drug Control Program agency conducting drug interdiction activities, as well as statistical information on the geographic areas in which such patrol hours took place.“(E) Treatment of classified or law enforcement sensitive information.—Any content of the report described in subparagraph (D) that involves information classified under criteria established by an Executive order, or the public disclosure of which, as determined by the Director, the Director of National Intelligence, or the head of any Federal Government agency the activities of which are described in the plan, would be detrimental to the law enforcement or national security activities of any Federal, State, or local agency, shall be presented to Congress separately from the rest of the report.“(b) Interdiction Committee.—“(1) In general.—The Interdiction Committee shall meet to—“(A) discuss and resolve issues related to the coordination, oversight and integration of international, border, and domestic drug interdiction efforts in support of the National Drug Control Strategy;“(B) review the annual National Interdiction Command and Control Plan, and provide advice to the Director and the United States Interdiction Coordinator concerning that plan; and“(C) provide such other advice to the Director concerning drug interdiction strategy and policies as the committee determines is appropriate.“(2) Chairman.—The Director shall designate one of the members of the Interdiction Committee to serve as chairman.“(3) Meetings.—The members of the Interdiction Committee shall meet, in person and not through any delegate or representative, at least once per calendar year, prior to March 1. At the call of either the Director or the current chairman, the Interdiction Committee may hold additional meetings, which shall be attended by the members either in person, or through such delegates or representatives as they may choose.“(4) Report.—Not later than September 30 of each year, the chairman of the Interdiction Committee shall submit a report to the Director and to the appropriate congressional 120 STAT. 3510 committees describing the results of the meetings and any significant findings of the Committee during the previous 12 months. Any content of such a report that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director, the chairman, or any member, would be detrimental to the law enforcement or national security activities of any Federal, State, local, or tribal agency, shall be presented to Congress separately from the rest of the report.” .(2) Conforming amendment to homeland security act of 2002.—Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended—(A) in subsection (c), by striking “Except as provided in subsection (d), the” and inserting “The”; and(B) by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.(3) Technical amendments.—Section 704 (21 U.S.C. 1703) is amended—(A) by amending subsection (g) to read as follows:“(g) Inapplicability to Certain Programs.—The provisions of this section shall not apply to the National Intelligence Program, the Joint Military Intelligence Program, and Tactical and Related Activities, unless such program or an element of such program is designated as a National Drug Control Program—“(1) by the President; or“(2) jointly by—“(A) in the case of the National Intelligence Program, the Director and the Director of National Intelligence; or“(B) in the case of the Joint Military Intelligence Program and Tactical and Related Activities, the Director, the Director of National Intelligence, and the Secretary of Defense.”; and(B) by amending subsection (h) to read as follows:“(h) Construction.—Nothing in this Act shall be construed as derogating the authorities and responsibilities of the Director of National Intelligence or the Director of the Central Intelligence Agency contained in the National Security Act of 1947 (50 U.S.C. 401 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or any other law.”.