II

105TH CONGRESS

1ST SESSION S. 1053

To reauthorize the Office of National Drug Control Policy, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 22, 1997

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

to the Committee on the Judiciary

A BILL

To reauthorize 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Office of National

5 Drug Control Policy Reauthorization Act of 1997’’.

6 SEC. 2. REAUTHORIZATION OF OFFICE OF NATIONAL DRUG

7 CONTROL POLICY.

8 (a) DEFINITIONS.—Section 1010 of the National

9 Narcotics Leadership Act of 1988 (21 U.S.C. 1507) is
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1 amended by redesignation as Section 1001a (21 U.S.C.

2 1500):

3 (1) by adding the section designation and the

4 section heading and inserting the following Section

5 1001(a):

6 ‘‘SEC. 1001a. DEFINITIONS.’’;

7 (2) by redesignating paragraphs (5) through

8 (8) as paragraphs (7) through (10), respectively;

9 (3) by redesignating paragraphs (2) through

10 (4) as paragraphs (3) through (5), respectively;

11 (4) by striking paragraph (1) and inserting the

12 following:

13 ‘‘(1) the term ‘Office’ means the Office of Na14 tional Drug Control Policy;’’

15 ‘‘(2) the term ‘drug’ has the same meaning as

16 the term ‘‘controlled substance’’ has in section

17 102(6) of the Controlled Substances Act (21 U.S.C.

18 802(6));

19 (5) in paragraph (3), as redesignated, by insert20 ing ‘‘including activities to reduce the underage use

21 of tobacco or alcoholic beverages;’’ after ‘‘demand

22 reduction,’’;

23 (6) in paragraph (4), as redesignated

24 (A) by striking ‘‘enforcement’’ after ‘‘any’’;
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1 (B) by striking ‘‘supply’’ and inserting

2 ‘‘availability’’ after ‘‘reduce the’’;

3 (C) in subparagraph (B) striking ‘‘enforce4 ment’’ after ‘‘drug’’;

5 (7) in paragraph (5), as redesignated

6 (A) by striking ‘‘demand for’’ and insert7 ing ‘‘use of’’ before ‘‘drugs’’;

8 (B) by inserting ‘‘drug abuse’’ after ‘‘in9 cluding’’;

10 (C) in subparagraph (A), by striking ‘‘drug

11 abuse’’;

12 (D) in subparagraph (D), by striking

13 ‘‘and’’ at the end;

14 (E) by adding at the end the following:

15 ‘‘(F) drug-free workplace programs; and’’

16 (F) by adding at the end the following:

17 ‘‘(G) drug testing’’;

18 (8) by inserting after paragraph (5), as redesig19 nated, the following:

20 ‘‘(6) the term ‘intergovernmental relations’

21 means domestic activities conducted by a National

22 Drug Control Program agency that are intended to

23 reduce the availability and use of drugs, including—
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1 ‘‘(A) coordination and facilitation of Fed2 eral, state, and local law enforcement drug con3 trol efforts;

4 ‘‘(B) promotion of coordination and co5 operation among the drug supply reduction and

6 demand reduction agencies of the various

7 states, territories, and units of local govern8 ment; and

9 ‘‘(C) such other cooperative governmental

10 activities which promote a comprehensive ap11 proach to drug control at the national, state,

12 territory, and local levels.

13 (9) in paragraph (10), as redesignated, by

14 (i) inserting ‘‘and ‘Strategy’ ’’ after

15 ‘‘National Drug Control Strategy’’;

16 (ii) striking ‘‘a’’ and inserting ‘‘the’’

17 after ‘‘means’’;

18 (b) ESTABLISHMENT OF OFFICE OF NATIONAL

19 DRUG CONTROL POLICY.—Section 1002 of the National

20 Narcotics Leadership Act of 1988 (21 U.S.C. 1501) is

21 amended—

22 (1) by striking subsection (a) and inserting the

23 following:
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1 ‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab2 lished in the Executive Office of the President the ‘‘Office

3 of National Drug Control Policy’’ that—

4 ‘‘(1) develops national drug control policy;

5 ‘‘(2) coordinates and oversees its implementa6 tion;

7 ‘‘(3) assesses and certifies the adequacy of na8 tional drug control programs and budgets; and

9 ‘‘(4) evaluates their effectiveness.

10 (2) by striking subsection (b) and inserting the

11 following:

12 ‘‘(b) Director and Deputy Directors.—

13 ‘‘(1) There shall be at the head of the Office of Na14 tional Drug Control Policy a Director of National Drug

15 Control Policy.’’;

16 ‘‘(2) There shall be in the Office of National

17 Drug Control Policy a Deputy Director of National

18 Drug Control Policy, who shall assist the Director in

19 carrying out the responsibilities of the Director

20 under this Act.’’;

21 ‘‘(3) There shall be in the Office of National

22 Drug Control Policy a—

23 (A) Deputy Director for International

24 Drug Policy, who shall be responsible for the

25 activities described in Section 1001a(4)(A–C);
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1 (B) Deputy Director for Demand Reduc2 tion Policy, who shall be responsible for the ac3 tivities described in Section 1001a(5); and

4 (C) Deputy Director for Intergovernmental

5 Relations, who shall be responsible for the ac6 tivities described in Section 1001a(4)(D) and

7 (6).’’;

8 (3) by striking subsection (c) and redesignating

9 subsection (d) as subsection (c);

10 (4) by adding at the end the following:

11 ‘‘(d) OFFICE OF NATIONAL DRUG CONTROL POLICY

12 GIFT FUND.—There is established in the Treasury a fund

13 for the receipt of gifts, both real and personal, for the

14 purpose of aiding or facilitating the work of the Office

15 under Section 1003(c). The Office is authorized to accept,

16 hold, administer, and, solely to encourage funding for con17 ferences, solicit contributions to the fund. Amounts depos18 ited in the fund are authorized to be appropriated, to re19 main available until expended for authorized purposes at

20 the discretion of the Director. The Director is required

21 to establish written rules setting forth the criteria to be

22 used in determining whether the solicitation and accept23 ance of real and personal gifts (pursuant to Section

24 1002(d) of the National Narcotics Leadership Act of 1988

25 (21 USC 1501(d)) would reflect unfavorably upon the
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1 ability of the Office of National Drug Control Policy or

2 any employee to carry out its responsibilities or official

3 duties in a fair and objective manner, or would com4 promise the integrity, or the appearance of the integrity,

5 of its programs or of any official involved in those pro6 grams.

7 (c) APPOINTMENT AND DUTIES OF DIRECTOR AND

8 DEPUTY DIRECTORS.—Section 1003 of the National Nar9 cotics Leadership Act of 1988 (21 U.S.C. 1502) is amend10 ed—

11 (1) by striking the section designation and the

12 section heading and inserting the following:

13 ‘‘SEC. 1003. APPOINTMENT AND DUTIES OF DIRECTOR AND

14 DEPUTY DIRECTORS.’’;

15 (2) in subsection (a)—

16 (A) in paragraph (1)—

17 (i) by inserting ‘‘the Deputy Direc18 tor,’’ after ‘‘The Director’’; and

19 (ii) by inserting ‘‘Policy’’ after ‘‘De20 mand Reduction’’;

21 (iii) by striking ‘‘Deputy Director for

22 Supply Reduction’’ and inserting ‘‘Deputy

23 Director for International Drug Policy’’;

24 (iv) by striking ‘‘Associate Deputy Di25 rector for National Drug Control Policy’’
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1 and inserting ‘‘Deputy Director for Inter2 governmental Relations’’;

3 (B) by redesignating paragraphs (3) and

4 (4) as paragraphs (5) and (6) and redesignat5 ing paragraph (2) as paragraph (4);

6 (C) by inserting after paragraph (1) the

7 following:

8 ‘‘(2) The Deputy Director shall—

9 ‘‘(A) carry out the duties and powers pre10 scribed by the Director; and

11 ‘‘(B) serve as the Director in the absence

12 of the Director or during any period in which

13 the office of the Director is vacant.’’

14 ‘‘(3) In the absence of the Deputy Director, or

15 if the office of the Deputy Director is vacant, the

16 Director shall designate such other officer of the Of17 fice to serve as the Director if the Director is absent

18 or unable to serve.’’;

19 (D) in paragraph (4), as redesignated—

20 (i) by inserting ‘‘the Deputy Direc21 tor,’’ after ‘‘The Director’’;

22 (ii) by inserting ‘‘Policy’’ after ‘‘De23 mand Reduction’’;
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1 (iii) by striking ‘‘Deputy Director for

2 Supply Reduction’’ and inserting ‘‘Deputy

3 Director for International Drug Policy’’;

4 (iv) by striking ‘‘Associate Deputy Di5 rector for National Drug Control Policy’’

6 and inserting ‘‘Deputy Director for Inter7 governmental Relations’’;

8 (iii) by striking ‘‘Director, a Deputy’’

9 and inserting ‘‘Director or a Deputy Direc10 tor’’; and

11 (iv) by striking ‘‘, or Associate Direc12 tor’’; and

13 (E) in paragraph (6) as redesignated:

14 (i) section 5313 of title 5, United

15 States Code, is amended by adding at the

16 end ‘‘Deputy Director of National Drug

17 Control Policy’’;

18 (ii) section 5314 of title 5, United

19 States Code, is amended—

20 (a) by adding ‘‘Policy’’ after

21 ‘‘Deputy Director for Demand Reduc22 tion’’;

23 (b) by striking ‘‘Supply Reduc24 tion’’ and inserting ‘‘International
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1 Drug Policy’’ after ‘‘Deputy Director

2 for’’; and

3 (c) by adding ‘‘Deputy Director

4 for Intergovernmental Relations, Of5 fice of National Drug Control Policy’’,

6 after Administrator, Office of Infor7 mation and Regulatory Affairs’’;

8 (iii) section 5315 of title 5, United

9 States Code, is amended by deleting the

10 following: ‘‘Associate Director for National

11 Drug Control Policy’’; and

12 (F) by adding at the end the following:

13 ‘‘(7) PROHIBITION ON POLITICAL CAMPAIGN14 ING.—

15 ‘‘A Federal officer in the Office of Na16 tional Drug Control Policy who is appointed by

17 the President, by and with the advice and con18 sent of the Senate, may not participate in Fed19 eral election campaign activities, except that

20 such official is not prohibited by this subsection

21 from making contributions to individual can22 didates.’’

23 (3) in subsection (b)—

24 (A) in paragraph (1), by inserting ‘‘goals’’

25 in front of ‘‘objectives’’;
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1 (B) by striking paragraph (2) and insert2 ing the following:

3 ‘‘(2) promulgate the National Drug Control

4 Strategy and annual Strategy Report in accordance

5 with Section 1005;’’

6 (C) in paragraph (3) by adding ‘’goals,’’

7 after ‘‘policies,’’;

8 (D) in paragraph (4)(B) by inserting

9 ‘‘goals’’ after ‘‘the policies’’;

10 (E) in paragraph (5), by inserting ‘‘the

11 foundation and implementation of National

12 Drug Control Policy and’’; after ‘‘respect to’’;

13 and

14 (F) in paragraph (8)—

15 (i) by striking ‘‘second following fiscal

16 year’’ and inserting ‘‘next budget year

17 scheduled for formulation under the Budg18 et and Accounting Act of 1921, as amend19 ed, and each of the 4 subsequent fiscal

20 years.’’; and

21 (ii) by striking ‘‘annual’’; and

22 (4) in subsection (c)—

23 (A) in paragraph (1)—

24 (i) by striking ‘‘transmit’’ and insert25 ing ‘‘submit’’ after ‘‘shall’’;
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1 (ii) by striking ‘‘and’’ and inserting

2 ‘‘prior to submission’’ after ‘‘President’’;

3 (B) by striking paragraph (2) and insert4 ing the following:

5 ‘‘(2) RESPONSIBILITIES OF NATIONAL DRUG

6 CONTROL PROGRAM AGENCIES.—

7 (A) Each Federal Government program

8 manager, agency head, and department head

9 with responsibilities under the National Drug

10 Control Strategy shall transmit the drug control

11 budget request of the agency or department to

12 the Director at the same time as such request

13 is submitted to their superiors (and before sub14 mission to the Office of Management and

15 Budget) in the preparation of the budget of the

16 President submitted to Congress under section

17 1105(a) of title 31, United States Code.’’; and

18 (C) by adding at the end the following:

19 ‘‘(B) The Director shall request the head

20 of a department or agency to include in the de21 partment’s or agency’s budget submission to

22 the Office of Management and Budget funding

23 requests for specific initiatives that are consist24 ent with the President’s priorities for the Na25 tional Drug Control Strategy and certifications
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1 made pursuant to paragraph (3), and the head

2 of the department or agency shall comply with

3 such a request.’’; and

4 (D) by adding at the end the following:

5 ‘‘(C) The head of each National Drug Con6 trol Program agency shall ensure timely devel7 opment and submission to the Director of drug

8 control budget requests transmitted pursuant to

9 subsection (c)(2), in such format as may be

10 designated by the Director with the concurrence

11 of the Director of the Office of Management

12 and Budget.’’

13 (E) in paragraph (3)—

14 (i) by striking ‘‘(3) The Director’’ and

15 inserting the following:

16 ‘‘(3) CERTIFICATION.—The Director shall—’’;

17 (ii) in subparagraph (B), by striking

18 ‘‘and’’ after ‘‘adequate’’;

19 (iii) in subparagraph (C), by inserting

20 ‘‘; and’’ following ‘‘(B)’’;

21 (F) in paragraph (4), by striking ‘‘(4)’’

22 and redesignating it as ‘‘(D)’’ and striking ‘‘the

23 Director shall’’;
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1 (G) by striking paragraphs (5), (7), and

2 (8), and redesignating paragraph (6) as para3 graph (4); and

4 (H) in paragraph (4), as redesignated—

5 (i) by inserting ‘‘Reprogramming and

6 Transfer’’ Transfer Requests’’ after ‘‘(4)’’;

7 (ii) by adding at the end the follow8 ing:

9 ‘‘(C) The Director shall annually submit to

10 Congress a report describing the approval of

11 any reprogramming or transfer of appropriated

12 funds pursuant to this section.’’;

13 (5) in subsection (d)—

14 (A) in paragraph (1)—

15 (i) by striking ‘‘up to 75 and’’ after

16 ‘‘of’’;

17 (ii) by striking ‘‘additional’’ after

18 ‘‘such’’; and

19 (B) in paragraph (5)—

20 (i) by striking ‘‘accept and use’’ and

21 inserting ‘‘accept, use, and solicit’’;

22 (ii) by inserting ‘‘and gifts’’ after

23 ‘‘property’’; and
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1 (iii) by inserting ‘‘, and the private

2 sector, as authorized in section 1002(d)’’

3 before the semicolon;

4 (C) in paragraph (7)—

5 (i) in subparagraph (A) by striking

6 ‘‘and’’ at the end; and

7 (ii) in subparagraph (B), by adding

8 ‘‘and’’ at the end; and

9 (iii) by adding at the end the follow10 ing:

11 ‘‘(C) commission special studies and re12 ports by a National Drug Control Program

13 agency, with the concurrence of the head of the

14 affected agency’’;

15 (D) by striking paragraph (8) and replac16 ing it with:

17 ‘‘(8) except to the extent that the Director’s au18 thority under this paragraph is limited to an annual

19 appropriations Act, and with the concurrence of the

20 head of the affected agency and upon advance notice

21 to the Committees of Appropriations of each House

22 of Congress, transfer funds appropriated to a Na23 tional Drug Control Program agency program, activ24 ity, or function designated by the Director pursuant

25 to subsection (c) to a different National Drug Con-
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1 trol Program agency program, activity, or function

2 designated by the Director pursuant to subsection

3 (c) in an amount that does not exceed 2 percent of

4 the amount appropriated to either program, activity,

5 or function;’’

6 (E) by striking paragraph (9) and insert7 ing the following:

8 ‘‘(9) issue to the head of a National Drug Con9 trol Program agency a funds control notice described

10 in subsection (f) to ensure compliance with the Na11 tional Drug Control Program; and’’

12 ‘‘(10) participate in the drug certification proc13 ess pursuant to section 490 of the Foreign Assist14 ance Act of 1961 (22 U.S.C. 2291j).’’;

15 (6) in subsection (e)—

16 (A) in paragraph (1)—

17 (i) by inserting ‘‘Evaluations’’ after

18 ‘‘(1)’’;

19 (ii) by inserting ‘‘Compensation’’ after

20 ‘‘(2)’’;

21 (iii) by indenting subparagraphs (A),

22 (B), (C), and (D) below and to the right;

23 and

24 (7) by striking the second subsection designated

25 as subsection (f).
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1 (d) COORDINATION WITH EXECUTIVE BRANCH DE2 PARTMENTS AND AGENCIES.—Section 1004 of the Na3 tional Narcotics Leadership Act of 1988 (21 U.S.C. 1503)

4 is amended—

5 (1) by striking the section designation and the

6 section heading and inserting the following:

7 ‘‘SEC. 1004. COORDINATION WITH EXECUTIVE BRANCH DE8 PARTMENTS AND AGENCIES IN SUPPLY RE9 DUCTION, DEMAND REDUCTION, AND INTER10 GOVERNMENTAL RELATIONS.’’;

11 (2) in subsection (a)(1)—

12 (A) by inserting ‘‘cooperate with and’’ be13 fore ‘‘provide’’; and

14 (B) by inserting ‘‘and the annual report to

15 Congress.’’ after ‘‘control.’’;

16 (e) DEVELOPMENT AND SUBMISSION OF NATIONAL

17 DRUG CONTROL STRATEGY.—Section 1005 of the Na18 tional Narcotics Leadership Act of 1988 (21 U.S.C. 1504)

19 is amended to read as follows:

20 ‘‘SEC. 1005. DEVELOPMENT, SUBMISSION, IMPLEMENTA21 TION, AND ASSESSMENT OF NATIONAL DRUG

22 CONTROL STRATEGY.

23 ‘‘(a) TIMING, CONTENT, AND PROCESS FOR DEVEL24 OPMENT AND SUBMISSION OF THE NATIONAL DRUG CON25 TROL STRATEGY.—
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1 ‘‘(1) Not later than February 1, 1997, the

2 President shall submit to the Congress a National

3 Drug Control Strategy, which shall set forth a com4 prehensive 10-year plan for reducing drug abuse and

5 its consequences in the United States by limiting the

6 availability of and reducing the demand for illegal

7 drugs. Any part of such strategy that involves infor8 mation properly classified under criteria established

9 by an Executive order shall be presented to Congress

10 separately from the rest of the strategy.’’;

11 ‘‘(2) The National Drug Control Strategy sub12 mitted under paragraph (1) shall include—

13 ‘‘(A) comprehensive, research-based, long14 range goals for reducing drug abuse and the

15 consequences of drug abuse in the United

16 States;

17 ‘‘(B) measureable objectives to accomplish

18 long-term goals;

19 ‘‘(C) 5-year projections for program and

20 budget priorities; and

21 ‘‘(D) a review of State, local, and private

22 sector drug control activities to ensure that the

23 United States pursues well-coordinated and ef24 fective drug control at all levels of government.

25 ‘‘(3) CONSULTATIONS.—
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1 ‘‘(A) In developing and effectively imple2 menting the National Drug Control Strategy,

3 the Director shall consult with—

4 ‘‘(i) the heads of the National Drug

5 Control Program agencies;

6 ‘‘(ii) Congress;

7 ‘‘(iii) State and local officials;

8 ‘‘(iv) private citizens and organiza9 tions with experience and expertise in de10 mand reduction; and

11 ‘‘(v) private citizens and organizations

12 with experience and expertise in supply re13 duction;

14 ‘‘(B) The National Drug Control Strategy

15 and each annual Strategy Report shall indicate

16 the persons consulted under this paragraph.

17 ‘‘(b) ANNUAL STRATEGY REPORT.—Not later than

18 February 1, 1998, and on February 1 of each year there19 after, the President shall submit to Congress an annual

20 report on the progress in implementing the Strategy under

21 subsection (a), which shall include—

22 ‘‘(1) an assessment of the Federal effectiveness

23 in achieving the Strategy goals and objectives using

24 the performance measurement system described in

25 subsection (c);
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1 ‘‘(2) any modifications of the Strategy;

2 ‘‘(3) an assessment of how the budget proposal

3 submitted under section 1003(c) (21 U.S.C.

4 1502(c)) is intended to implement the strategy and

5 whether the funding levels contained in such pro6 posal are sufficient to implement such strategy;

7 ‘‘(4) an assessment of current drug use and

8 availability, impact of drug use, and treatment avail9 ability. This assessment will include—

10 ‘‘(A) estimates of drug prevalence and fre11 quency of use as measured by national, State,

12 and local surveys of illicit drug use and by

13 other special studies of—

14 ‘‘(i) casual and chronic drug use;

15 ‘‘(ii) high-risk populations, including

16 school dropouts, the homeless and tran17 sient, arrestees, parolees, probationers, and

18 juvenile delinquents; and

19 ‘‘(iii) drug use in the workplace and

20 the productivity lost by such use;

21 ‘‘(B) an assessment of the reduction of

22 drug availability against an ascertained base23 line, as measured by—

24 ‘‘(i) the quantities of cocaine, heroin,

25 marijuana, methamphetamine, and other
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1 drugs available for consumption in the

2 United States;

3 ‘‘(ii) the amount of marijuana, co4 caine, and heroin entering the United

5 States;

6 ‘‘(iii) the number of hectares of mari7 juana, poppy, and coca cultivated and de8 stroyed;

9 ‘‘(iv) the number of metric tons of

10 marijuana, heroin, and cocaine seized;

11 ‘‘(v) the number of cocaine and meth12 amphetamine processing laboratories de13 stroyed;

14 ‘‘(vi) changes in the price and purity

15 of heroin and cocaine;

16 ‘‘(vii) the amount and type of con17 trolled substances diverted from legitimate

18 retail and wholesale sources; and

19 ‘‘(viii) the effectiveness of Federal

20 technology programs at improving drug de21 tection capabilities in interdiction, and at

22 United States port of entry;

23 ‘‘(C) an assessment of the reduction of the

24 consequences of drug use and availability, which

25 shall include estimation of—
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1 ‘‘(i) burdens drug users placed on

2 hospital emergency departments in the

3 United States, such as the quantity of

4 drug-related services provided;

5 ‘‘(ii) the annual national health care

6 costs of drug use, including costs associ7 ated with people becoming infected with

8 the human immunodeficiency virus and

9 other infectious diseases as a result of

10 drug use;

11 ‘‘(iii) the extent of drug-related crime

12 and criminal activity; and

13 ‘‘(iv) the contribution of drugs to the

14 underground economy, as measured by the

15 retail value of drugs sold in the United

16 States;

17 ‘‘(D) a determination of the status of drug

18 treatment in the United States, by assessing—

19 ‘‘(i) public and private treatment ca20 pacity within each State, including infor21 mation on the treatment capacity available

22 in relation to the capacity actually used;

23 ‘‘(ii) the extent, within each State, to

24 which treatment is available;
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1 ‘‘(iii) the number of drug users the

2 Director estimates could benefit from

3 treatment; and

4 ‘‘(iv) the specific factors that restrict

5 the availability of treatment services to

6 those seeking it and proposed administra7 tive or legislative remedies to make treat8 ment available to those individuals;

9 ‘‘(E) a review of the research agenda of

10 the Counter-Drug Technology Assessment Cen11 ter to reduce the availability and abuse of

12 drugs;

13 ‘‘(5) an assessment of private sector initiatives

14 and cooperative efforts between the Federal Govern15 ment and State and local governments for drug con16 trol.

17 ‘‘(c) PERFORMANCE MEASUREMENT SYSTEM.—The

18 Director shall include with the annual Strategy Report a

19 description of the national drug control performance

20 measurement system, designed in consultation with af21 fected National Drug Control Program agencies, that—

22 ‘‘(1) develops performance objectives, measures,

23 and targets for each National Drug Control Strategy

24 goal and objective;
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1 ‘‘(2) revises performance objectives, targets,

2 and measures to conform with National Drug Con3 trol Program Agency budgets;

4 ‘‘(3) identifies major programs and activities of

5 the National Drug Control Program Agencies that

6 support the goals and objectives of the National

7 Drug Control Strategy;

8 ‘‘(4) evaluates implementation of major pro9 gram activities supporting the National Drug Con10 trol Strategy developed under section 1005 (21 USC

11 1504(a));

12 ‘‘(5) monitors consistency between the drug-re13 lated goals and objectives of the National Drug Con14 trol Program agencies and ensures that drug control

15 agency goals and budgets support and are fully con16 sistent with the National Drug Control Strategy;

17 ‘‘(6) coordinates the development and imple18 mentation of national drug control data collection

19 and reporting systems to support policy formulation

20 and performance measurement, including—

21 ‘‘(A) an assessment of the quality of cur22 rent drug use measurement instruments and

23 techniques to measure supply reduction and de24 mand reduction activities;
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1 ‘‘(B) an assessment of the adequacy of the

2 coverage of existing national drug use measure3 ment instruments and techniques to measure

4 the casual drug user population and groups

5 that are at risk for drug use; and

6 ‘‘(C) an assessment of the actions the Di7 rector shall take to correct any deficiencies and

8 limitations identified pursuant to subpara9 graphs (b)(4)(A) and (B).

10 (f) HIGH INTENSITY DRUG TRAFFICKING AREAS

11 PROGRAM.—The National Narcotics Leadership Act of

12 1988 is amended by inserting after section 1005 the fol13 lowing:

14 ‘‘SEC. 1005A. HIGH INTENSITY DRUG TRAFFICKING AREAS

15 PROGRAM.

16 ‘‘(a) There is established in the Office a program to

17 be known as the High Intensity Drug Trafficking Areas

18 Program.

19 ‘‘(b) The Director, upon consultation with the Attor20 ney General, the Secretary of the Treasury, the Secretary

21 of Health and Human Services, heads of the National

22 Drug Control Program agencies, and the Governors of

23 each State, may designate any specified area of the United

24 States as a high intensity drug trafficking area. After
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1 making such a designation and in order to provide Federal

2 assistance to the area so designated, the Director may—

3 ‘‘(1) obligate such sums as appropriated for the

4 High Intensity Drug Trafficking Area Program;

5 ‘‘(2) direct the temporary reassignment of Fed6 eral personnel to such area, subject to the approval

7 of the Secretary of the department or head of the

8 agency that employs such personnel;

9 ‘‘(3) take any other action authorized under

10 section 1003 to provide increased Federal assistance

11 to such areas;

12 ‘‘(4) coordinate actions under this paragraph

13 with State and local officials; and

14 ‘‘(5) in consultation with affected National

15 Drug Control Policy agencies, promulgate such regu16 lations for the effective implementation of the High

17 Intensity Drug Trafficking Areas Program.

18 ‘‘(c) When considering the designation of an area

19 under this section as a high intensity drug trafficking

20 area, the Director shall consider, in addition to such other

21 criteria as the Director considers to be appropriate, the

22 extent to which—

23 ‘‘(1) the area is a center of illegal drug produc24 tion, manufacturing, importation, or distribution;
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1 ‘‘(2) State and local law enforcement agencies

2 have committed resources to respond to the drug

3 trafficking problem in the area, thereby indicating a

4 determination to respond aggressively to the prob5 lem;

6 ‘‘(3) State and local demand reduction agencies

7 have committed resources to respond to drug abuse

8 in the area, thereby indicating a determination to

9 respond to the problem;

10 ‘‘(4) drug-related activities in the area are hav11 ing a harmful impact in other areas of the country;

12 and

13 ‘‘(5) a significant increase in allocation of Fed14 eral resources is necessary to respond adequately to

15 drug-related activities in the area.’’

16 (g) COUNTER-DRUG TECHNOLOGY ASSESSMENT

17 CENTER.—Section 1008 of the National Narcotics Lead18 ership Act of 1988 (21 U.S.C. 1505) is amended to read

19 as follows:

20 ‘‘SEC. 1008. COUNTER-DRUG TECHNOLOGY ASSESSMENT

21 CENTER.

22 ‘‘(a) ESTABLISHMENT.—There is established within

23 the Office the Counter-Drug Technology Assessment Cen24 ter (in this section referred to as the ‘Center’). The Center

25 shall operate under the authority of the Director of Na-
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1 tional Drug Control Policy and shall serve as the central

2 counter-drug technology research and development organi3 zation of the United States Government.

4 ‘‘(b) DIRECTOR OF TECHNOLOGY.—There shall be at

5 the head of the Center the Director of Technology, who

6 shall be appointed by the Director of National Drug Con7 trol Policy from among individuals qualified and distin8 guished in the area of science, medicine, engineering, or

9 technology.

10 ‘‘(c) ADDITIONAL RESPONSIBILITIES OF THE DIREC11 TOR OF NATIONAL DRUG CONTROL POLICY.—

12 ‘‘(1) The Director, acting through the Director

13 of Technology shall—

14 ‘‘(A) identify and define the short-, me15 dium-, and long-term scientific and techno16 logical needs of Federal, State, and local drug

17 supply reduction agencies, including—

18 ‘‘(i) advanced surveillance, tracking,

19 and radar imaging;

20 ‘‘(ii) electronic support measures;

21 ‘‘(iii) communications;

22 ‘‘(iv) data fusion, advanced computer

23 systems, and artificial intelligence; and
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1 ‘‘(v) chemical, biological, radiological

2 (including neutron, electron, and graviton),

3 and other means of detection;

4 ‘‘(B) identify demand reduction basic and

5 applied research needs and initiatives, in con6 sultation with affected National Drug Control

7 Program agencies, including—

8 ‘‘(i) improving treatment through

9 neuroscientific advances;

10 ‘‘(ii) improving the transfer of bio11 medical research to the clinical setting, and

12 ‘‘(iii) developing new advances in drug

13 abuse prevention programming;

14 ‘‘(iv) in consultation with the National

15 Institute on Drug Abuse, and through

16 interagency agreements or grants, examine

17 addiction and rehabilitation research and

18 the application of technology to expanding

19 the effectiveness or availability of drug

20 treatment;

21 ‘‘(C) make a priority ranking of such needs

22 identified in subparagraphs (A) and (B) accord23 ing to fiscal and technological feasibility, as

24 part of a National Counter-Drug Enforcement

25 Research and Development Program;
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1 ‘‘(D) oversee and coordinate counter-drug

2 technology initiatives with related activities of

3 other Federal civilian and military departments;

4 ‘‘(E) provide support to the development

5 and implementation of the national drug control

6 performance measurement system; and

7 ‘‘(F) pursuant to the authority of the Di8 rector of National Drug Control Policy under

9 section 1003 (21 U.S.C. 1502), submit requests

10 to Congress for the reprogramming or transfer

11 of funds appropriated for counter-drug tech12 nology research and development.

13 ‘‘(2) The authority granted to the Director

14 under this section shall not extend to the award of

15 contracts, management of individual projects, or

16 other operational activities.

17 ‘‘(d) ASSISTANCE AND SUPPORT TO OFFICE OF NA18 TIONAL DRUG CONTROL POLICY.—The Department of

19 Defense and the Department of Health and Human Serv20 ices shall, to the fullest extent possible, render assistance

21 and support to the Office and its Director, in the conduct

22 of counter-drug technology assessment.’’

23 (h) TERMINATION OF OFFICE OF NATIONAL DRUG

24 CONTROL POLICY.—Section 1009 of the National Narcot-
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1 ics Leadership Act of 1988 (42 U.S.C. 1506) is amended

2 to read as follows:

3 ‘‘SEC. 1009. TERMINATION OF OFFICE OF NATIONAL DRUG

4 CONTROL POLICY.

5 ‘‘Effective on September 30, 2009, this subtitle and

6 the amendments made by this subtitle are repealed.’’

7 (i) AUTHORIZATION OF APPROPRIATIONS.—Section

8 1011 of the National Narcotics Leadership Act of 1988

9 (21 U.S.C. 1508) is amended to read as follows:

10 ‘‘SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated to carry out

12 this subtitle, to remain available until expended, such

13 sums as may be necessary for each of the fiscal years

14 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,

15 2007, 2008, and 2009.’’

16 (j) ESTABLISHMENT OF SPECIAL FORFEITURE

17 FUND.—Section 6073 of the Asset Forfeiture Amend18 ments Act of 1988 (42 U.S.C. 1509) is amended—

19 (1) in subsection (b),

20 (A) by striking ‘‘section 524(c)(9)’’ and in21 serting ‘‘section 524(c)(8)’’;

22 (B) by striking ‘‘section 9307(g)’’ and in23 serting ‘‘section 9703(g)’’;
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1 (2) in subsection (e), by striking ‘‘strategy’’ and

2 inserting ‘‘Strategy’’.

Æ