II

103D CONGRESS

1ST SESSION S. 1144

To enhance the authorities and responsibilities of the Office of National

Drug Control Policy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 23 (legislative day, JUNE 22), 1993

Mr. DECONCINI introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To enhance the authorities and responsibilities of the Office

of National Drug Control Policy, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. NATIONAL DRUG CONTROL PROGRAM BUDGET.

4 Section 1003(c) of the National Narcotics Leadership

5 Act of 1988 (21 U.S.C. 1502 et seq.) is amended—

6 (1) by redesignating paragraphs (5), (6), and

7 (7), as paragraphs (6), (7), and (8), respectively;

8 and
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1 (2) by inserting after paragraph (4) the follow2 ing new paragraph:

3 ‘‘(5) The Director shall request the head of a depart4 ment or agency to include in the department or agency’s

5 budget submission to the Office of Management and

6 Budget funding requests for specific initiatives that are

7 consistent with the President’s priorities for the National

8 Drug Control Strategy and certifications made pursuant

9 to paragraph (3), and the head of the department or agen10 cy shall comply with such a request.’’.

11 SEC. 2. CONTROL OF DRUG-RELATED RESOURCES.

12 Section 1003 of the National Narcotics Leadership

13 Act of 1988 (21 U.S.C. 1502) is amended—

14 (1) in subsection (d)—

15 (A) by amending paragraph (2) to read as

16 follows:

17 ‘‘(2) request the head of a department of agen18 cy to place department or agency personnel who are

19 engaged in drug control activities on temporary de20 tail to another department or agency in order to im21 plement the National Drug Control Strategy, and

22 the head of the department or agency shall comply

23 with such a request;

24 (B) by striking ‘‘and’’ at the end of para25 graph (6);
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1 (C) by striking the period at the end of

2 paragraph (7) and inserting a semicolon; and

3 (D) by adding after paragraph (7) the fol4 lowing new paragraphs:

5 ‘‘(8) except to the extent that the Director’s au6 thority under this paragraph is limited in an annual

7 appropriation Act by specific reference to this para8 graph, transfer funds appropriated to a National

9 Drug Control Program agency account to a different

10 National Drug Control Program agency account in

11 an amount that does not exceed 2 percent of the

12 amount appropriated to either account, after having

13 received the approval of the Committee on Appro14 priations of each House of Congress; and

15 ‘‘(9) in order to ensure compliance with the Na16 tional Drug Control Program, issue to the head of

17 a National Drug Control Program agency a funds

18 control notice described in subsection (f).’’; and

19 (2) by adding at the end the following new sub20 sections:

21 ‘‘(f) FUNDS CONTROL NOTICES.—(1) A funds con22 trol notice may direct that all or part of an amount appro23 priated to the National Drug Control Program agency ac24 count be obligated by—
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1 ‘‘(A) months, fiscal year quarters, or other time

2 periods; and

3 ‘‘(B) activities, functions, projects, or object

4 classes.

5 ‘‘(2) An officer or employee of a National Drug Con6 trol Program agency shall not make or authorize an ex7 penditure or obligation contrary to a funds control notice

8 issued by the Director.

9 ‘‘(3) In the case of a violation of paragraph (2) by

10 an officer or employee of a National Drug Control Pro11 gram agency, the head of the agency, upon the request

12 of and in consultation with the Director, may subject the

13 officer or employee to appropriate administrative dis14 cipline, including, when circumstances warrant, suspen15 sion from duty without pay or removal from office.

16 ‘‘(g) LIMIT ON NUMBER OF POLITICAL AP17 POINTEES.—Not more than 10 percent of the members

18 of the officers and employees of the Office of National

19 Drug Control Policy (including the Director, Deputy Di20 rectors, and Associate Directors) may be in positions that

21 are—

22 ‘‘(1) positions of a confidential or policy-deter23 mining character under Schedule C of subpart C of

24 part 213 of title 5, Code of Federal Regulations;
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1 ‘‘(2) Senior Executive Service positions filled by

2 noncareer appointees; or

3 ‘‘(3) positions on the Executive Schedule under

4 subchapter II of chapter 53 of title 5, United States

5 Code.

6 ‘‘(h) PROHIBITION ON POLITICAL CAMPAIGNING.—

7 No Federal officer in the Office of the National Drug Con8 trol Policy who is appointed by the President, by and with

9 the advice and consent of the Senate, may use his official

10 authority or influence for partisan political purposes.’’.

11 SEC. 3. SPECIAL FORFEITURE FUND AMENDMENTS.

12 (a) ESTABLISHMENT OF FUND.—Section 6073 of the

13 Asset Forfeiture Amendments Act of 1988 (21 U.S.C.

14 1509) is amended—

15 (1) by amending subsection (b) to read as

16 follows:

17 ‘‘(b) TRANSFERS FROM OTHER FUNDS.—

18 ‘‘(1) DEPARTMENT OF JUSTICE DEPOSITS.—(A)

19 On October 1 of each of fiscal years 1994, 1995,

20 1996, 1997, and 1998, the Attorney General shall

21 estimate, with the concurrence of the Director, the

22 excess unobligated balance anticipated as of Septem23 ber 30 in the Department of Justice Assets Forfeit24 ure Fund established under section 524(c) of title

25 28, United States Code. For fiscal year 1993, the
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1 excess unobligated balance as of September 30 shall

2 be estimated within 15 days after the date of enact3 ment of this paragraph.

4 ‘‘(B) In each of fiscal years 1993, 1994, 1995,

5 1996, 1997, and 1998, the Attorney General shall

6 transfer to the Fund the excess unobligated balance

7 estimated under subparagraph (A). Such transfers

8 shall be made at the end of each quarter of a fiscal

9 year on a pro rata basis. In order to account for un10 anticipated fluctuations in the Department of Jus11 tice Assets Forfeiture Fund balance during a fiscal

12 year, the transfer at the end of the fourth quarter

13 of each fiscal year shall be adjusted by the Attorney

14 General, with the concurrence of the Director, so

15 that the transfer is equal to the actual remaining ex16 cess unobligated balance in the Department of Jus17 tice Assets Forfeiture Fund on September 30.

18 Transfers under this subparagraph shall be made

19 only to the extent that the aggregate amount of such

20 transfers during a fiscal year does not exceed

21 $150,000,000.

22 ‘‘(2) DEPARTMENT OF THE TREASURY DEPOS23 ITS.—(A) On October 1 of each of fiscal years 1994,

24 1995, 1996, 1997, and 1998, the Secretary of the

25 Treasury shall estimate, with the concurrence of the
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1 Director, the excess unobligated balance anticipated

2 as of September 30 in the Department of the Treas3 ury Forfeiture Fund established under section 9703

4 of title 31, United States Code. For fiscal year

5 1993, the excess unobligated balance as of Septem6 ber 30 shall be estimated within 15 days after the

7 date of enactment of this paragraph.

8 ‘‘(B) In each of fiscal years 1993, 1994, 1995,

9 1996, 1997, and 1998, the Secretary of the Treas10 ury shall transfer to the Fund the excess unobli11 gated balance estimated under subparagraph (A).

12 Such transfers shall be made at the end of each

13 quarter of a fiscal year on a pro rata basis. In order

14 to account for unanticipated fluctuations in the De15 partment of the Treasury Forfeiture Fund balance

16 during a fiscal year, the transfer at the end of the

17 fourth quarter of each fiscal year shall be adjusted

18 by the Secretary of the Treasury, with the concur19 rence of the Director, so that the transfer is equal

20 to the actual remaining excess unobligated balance

21 in the Department of the Treasury Forfeiture Fund

22 on September 30. Transfers under this subpara23 graph shall be made only to the extent that the ag24 gregate amount of such transfers during a fiscal

25 year does not exceed $150,000,000.’’.
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1 (2) by redesignating subsections (c), (d), (e),

2 and (f), as subsections (e), (f), (g), and (h), respec3 tively; and

4 (3) by inserting after subsection (b) the follow5 ing new subsection:

6 ‘‘(c) SUPER SURPLUS.—(1) Any unobligated balance

7 up to $20,000,000 remaining in the Fund on September

8 30 of a fiscal year shall be available to the Director, sub9 ject to appropriation and subject to paragraph (2), to

10 transfer to, and for obligation and expenditure in connec11 tion with drug control activities of, any Federal agency

12 or State or local entity with responsibilities under the Na13 tional Drug Control Strategy.

14 ‘‘(2) A transfer may be made under paragraph (1)

15 only with the advance written approval of the Committee

16 on Appropriations of each House of Congress.’’.

17 (b) CONFORMING AMENDMENTS.—

18 (1) DEPARTMENT OF JUSTICE ASSETS FOR19 FEITURE FUND.—Section 524(c)(9) of title 28,

20 United States Code, is amended—

21 (A) by striking subparagraph (B) and in22 serting the following new paragraph:

23 ‘‘(B) The Attorney General shall make transfers from

24 the Fund to the Office of National Drug Control Policy’s

25 Special Forfeiture Fund in the manner provided in section
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1 6073(b)(1) of the Asset Forfeiture Amendments Act of

2 1988 (21 U.S.C. 1509(b)(1)).’’;

3 (B) by striking subparagraph (C); and

4 (C) by redesignating subparagraphs (D)

5 and (E) as subparagraphs (C) and (D), respec6 tively.

7 (2) DEPARTMENT OF THE TREASURY FORFEIT8 URE FUND.—Section 9703(g) of title 31, United

9 States Code, is amended by striking paragraphs (3)

10 and (4) and inserting the following new paragraph:

11 ‘‘(3) The Secretary of the Treasury shall make

12 transfers from the Fund to the Office of National

13 Drug Control Policy’s Special Forfeiture Fund in

14 the manner provided in section 6073(b)(2) of the

15 Asset Forfeiture Amendments Act of 1988 (21

16 U.S.C. 1509(b)(2)).’’.

17 SEC. 4. COORDINATION WITH EXECUTIVE BRANCH AGEN18 CIES.

19 Section 1004 of the National Narcotics Leadership

20 Act of 1988 (21 U.S.C. 1503) is amended—

21 (1) in subsection (a) by amending paragraph

22 (1) to read as follows:

23 ‘‘(1) Each Federal Government program manager,

24 agency head, or department head with responsibilities

25 under the National Drug Control Strategy shall provide
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1 such information (including reports, memoranda, letters,

2 studies, surveys, and information maintained in data col3 lection systems) for purposes of drug control as the Direc4 tor may request. Information shall be transmitted timely

5 and in such manner and format as may be prescribed by

6 the Director.’’;

7 (2) by redesignating subsections (b) and (c) as

8 subsections (c) and (d), respectively;

9 (3) by inserting after subsection (a) the follow10 ing new subsection:

11 ‘‘(b) NATIONAL DRUG CONTROL DATA COLLECTION

12 SYSTEMS.—(1) For each National Drug Control Program

13 agency, the Director may designate certain data collection

14 systems as being essential for drug control purposes.

15 ‘‘(2) The Director may require data collection sys16 tems designated under paragraph (1) to be modified in

17 accordance with standards established by the Director to

18 ensure appropriate scope and coverage of data collection.’’;

19 and

20 (4) by striking subsection (c)(2) (as redesigned

21 by paragraph (2)) and inserting the following new

22 paragraph:

23 ‘‘(2) An officer or employee of a National Drug Con24 trol Program Agency shall not take any action to imple25 ment a change in the drug control policy of the agency
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1 unless the policy change has been certified in advance by

2 the Director under paragraph (1) as being consistent with

3 the National Drug Control Strategy.’’.

4 SEC. 5. TERMINATION OF OFFICE OF NATIONAL DRUG CON5 TROL POLICY.

6 Section 1009 of the National Narcotics Leadership

7 Act of 1988 (21 U.S.C. 1506) is amended by striking ‘‘the

8 date which is 5 years after the date of the enactment of

9 this subtitle’’ and inserting ‘‘September 30, 1998’’.

10 SEC. 6. DIRECTOR AS A MEMBER OF THE CABINET.

11 The Director of National Drug Control Policy shall

12 be a member of the President’s Cabinet.

13 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

14 Section 1011 of the National Narcotics Leadership

15 Act of 1988 (21 U.S.C. 1508) is amended by striking ‘‘4’’

16 and inserting ‘‘9’’.

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