II

105TH CONGRESS

2D SESSION S. 2028

To amend the National Narcotics Leadership Act of 1988 to extend the

authorization for the Office of National Drug Control Policy until September 30, 2000, to expand the responsibilities and powers of the Director of the Office of National Drug Control Policy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 1, 1998

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

referred to the Committee on the Judiciary

A BILL

To amend the National Narcotics Leadership Act of 1988

to extend the authorization for the Office of National

Drug Control Policy until September 30, 2000, to expand

the responsibilities and powers of the Director 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. SHORT TITLE; AMENDMENT REFERENCES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Drug Czar Responsibility and Accountability Act of

6 1998’’.
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1 (b) AMENDMENT REFERENCES.—Except as other2 wise expressly provided, whenever in this Act an amend3 ment or repeal is expressed in terms of an amendment

4 to, or repeal of, a section or other provision, the reference

5 shall be considered to be made to a section or other provi6 sion of the National Narcotics Leadership Act of 1988 (21

7 U.S.C. 1501 et seq.).

8 SEC. 2. FINDINGS.

9 Congress makes the following findings:

10 (1) Overall drug use among children aged 12 to

11 17 in 1992 was 5.3 percent. In 1996, it was 9 per12 cent, an increase of 70 percent.

13 (2) Use of any illicit drug among 8th graders

14 in 1992 was 12.9 percent. In 1997, it was 22.1 per15 cent, an increase of 71 percent.

16 (3) Use of any illicit drug among 10th graders

17 in 1992 was 20.4 percent. In 1997, it was 38.5 per18 cent, an increase of 91 percent.

19 (4) Use of any illicit drug among 12th graders

20 in 1992 was 27.1 percent. In 1997, it was 42.4 per21 cent, an increase of 56 percent.

22 (5) Use of marijuana among 8th graders in

23 1992 was 3.7 percent. In 1997, it was 10.2 percent,

24 an increase of 176 percent.
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1 (6) Use of marijuana among children aged 12

2 to 17 in 1992 was 3.4 percent. In 1996, it was 7.1

3 percent, an increase of 109 percent.

4 (7) Use of cocaine among children aged 12 to

5 17 in 1992 was 0.3 percent. In 1996, it was 0.6 per6 cent, an increase of 100 percent.

7 (8) Marijuana-related medical emergencies in

8 1992 totaled 23,997. In 1996, there were 50,037

9 such emergencies, an increase of 108 percent.

10 (9) Cocaine-related medical emergencies in

11 1992 totaled 119,843. In 1996, there were 144,180

12 such emergencies, an increase of 20 percent.

13 (10) Heroin-related medical emergencies in

14 1992 totaled 48,003. In 1996, there were 70,463

15 such emergencies, an increase of 47 percent.

16 SEC. 3. EXPANSION OF RESPONSIBILITIES OF DIRECTOR.

17 (a) EXPANSION OF RESPONSIBILITIES.—Section

18 1003(b) (21 U.S.C. 1502(b)) is amended—

19 (1) by striking paragraph (1) and inserting the

20 following:

21 ‘‘(1) establish Federal policies, objectives, goals,

22 priorities, and performance measures (including spe23 cific annual agency targets expressed in terms of

24 precise percentages) for the National Drug Control

25 Program and for each National Drug Control Pro-
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1 gram agency, which shall include targets for reduc2 ing the levels of overall unlawful drug use, adoles3 cent unlawful drug use, and drug-related emergency

4 room incidents to January 19, 1993 levels;’’;

5 (2) by striking paragraph (3) and inserting the

6 following:

7 ‘‘(3) coordinate, oversee, and evaluate the effec8 tiveness of the implementation of the policies, objec9 tives, goals, performance measures, and priorities es10 tablished under paragraph (1) and the fulfillment of

11 the responsibilities of the National Drug Control

12 Program agencies under the National Drug Control

13 Strategy;’’;

14 (3) in paragraph (5), by inserting ‘‘and non15 governmental entities involved in demand reduction’’

16 after ‘‘governments’’;

17 (4) in paragraph (7), by striking ‘‘and’’ at the

18 end;

19 (5) in paragraph (8), by striking the period at

20 the end and inserting a semicolon; and

21 (6) by adding at the end the following:

22 ‘‘(9) require each National Drug Control Pro23 gram agency to submit to the Director on a semi24 annual basis (beginning with the first 6 months of

25 1999) an evaluation of progress by the agency with
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1 respect to drug control program goals using the per2 formance measures referred to in paragraph (1), in3 cluding progress with respect to—

4 ‘‘(A) success in reducing domestic and for5 eign sources of illegal drugs;

6 ‘‘(B) success in protecting the borders of

7 the United States (and in particular the South8 western border of the United States) from pen9 etration by illegal narcotics;

10 ‘‘(C) success in reducing violent crime as11 sociated with drug use in the United States;

12 ‘‘(D) success in reducing the negative

13 health and social consequences of drug use in

14 the United States; and

15 ‘‘(E) implementation of drug treatment

16 and prevention programs in the United States

17 and improvements in the adequacy and effec18 tiveness of such programs;

19 ‘‘(10) submit to Congress on a semiannual

20 basis, not later than 60 days after the date of the

21 last day of the applicable 6-month period, a sum22 mary of—

23 ‘‘(A) each evaluation received by the Direc24 tor under paragraph (9); and
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1 ‘‘(B) the progress of each National Drug

2 Control Program agency toward the drug con3 trol program goals of the agency using the per4 formance measures described in paragraph (1);

5 ‘‘(11) require the National Drug Control Pro6 gram agencies to submit to the Director not later

7 than February 1 of each year a detailed accounting

8 of all funds expended by the agencies for National

9 Drug Control Program activities during the previous

10 fiscal year, and require such accounting to be au11 thenticated by the Inspector General for each agency

12 prior to submission to the Director;

13 ‘‘(12) submit to Congress not later than April

14 1 of each year the information submitted to the Di15 rector under paragraph (11);

16 ‘‘(13) submit to Congress not later than August

17 1 of each year a report including—

18 ‘‘(A) the budget guidance provided by the

19 Director to each National Drug Control Pro20 gram agency for the fiscal year in which the re21 port is submitted and for the other fiscal years

22 within the applicable 5-year budget plan relat23 ing to such fiscal year; and

24 ‘‘(B) a summary of the request of each

25 National Drug Control Program agency to the
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1 Director under this Act (prior to review of the

2 request by the Office of Management and

3 Budget) for the resources required to achieve

4 the targets of the agency under this Act;

5 ‘‘(14) act as a representative of the President

6 before Congress on all aspects of the National Drug

7 Control Program;

8 ‘‘(15) act as the primary spokesperson of the

9 President on drug issues;

10 ‘‘(16) make recommendations to National Drug

11 Control Program agency heads with respect to im12 plementation of Federal counter-drug programs;

13 ‘‘(17) take such actions as necessary to oppose

14 any attempt to legalize the use of a substance (in

15 any form) that—

16 ‘‘(A) is listed in schedule I of section 202

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

18 812); and

19 ‘‘(B) has not been approved for use for

20 medical purposes by the Food and Drug Ad21 ministration; and

22 ‘‘(18) ensure that drug prevention and drug

23 treatment research and information is effectively dis24 seminated by National Drug Control Program agen-
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1 cies to State and local governments and nongovern2 mental entities involved in demand reduction by—

3 ‘‘(A) encouraging formal consultation be4 tween any such agency that conducts or spon5 sors research, and any such agency that dis6 seminates information in developing research

7 and information product development agendas;

8 ‘‘(B) encouraging such agencies (as appro9 priate) to develop and implement dissemination

10 plans that specifically target State and local

11 governments and nongovernmental entities in12 volved in demand reduction; and

13 ‘‘(C) developing a single interagency clear14 inghouse for the dissemination of research and

15 information by such agencies to State and local

16 governments and nongovernmental agencies in17 volved in demand reduction.’’.

18 (b) SURVEY OF DRUG USE.—

19 (1) IN GENERAL.—The University of Michigan

20 shall not be prohibited under any law from conduct21 ing the survey of drug use among young people in

22 the United States known as the Monitoring the Fu23 ture Survey.

24 (2) OTHER SURVEYS.—The National Parents’

25 Resource Institute for Drug Education in Atlanta,
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1 Georgia, shall not be prohibited under any law from

2 conducting the survey of drug use among young peo3 ple in the United States known as the National

4 PRIDE Survey.

5 SEC. 4. EXPANSION OF POWERS OF DIRECTOR.

6 Section 1003(d) (21 U.S.C. 1502(d)) is amended—

7 (1) in paragraph (9), by striking the period and

8 inserting a semicolon; and

9 (2) by adding at the end the following:

10 ‘‘(10) require the heads of National Drug Con11 trol Program agencies to provide the Director with

12 statistics, studies, reports, and any other informa13 tion regarding Federal control of drug abuse;

14 ‘‘(11) require the heads of National Drug Con15 trol Program agencies to provide the Director with

16 information regarding any position (before an indi17 vidual is nominated for such position) that—

18 ‘‘(A) relates to the National Drug Control

19 Program;

20 ‘‘(B) is at or above the level of Deputy As21 sistant Secretary; and

22 ‘‘(C) involves responsibility for Federal

23 counternarcotics or antidrug programs; and

24 ‘‘(12) make recommendations to the National

25 Drug Intelligence Center on the specific projects
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1 that the Director determines will enhance the effec2 tiveness of implementation of the National Drug

3 Control Strategy.’’.

4 SEC. 5. SUBMISSION OF NATIONAL DRUG CONTROL STRAT5 EGY.

6 (a) IN GENERAL.—Section 1005(a) (21 U.S.C.

7 1504(a)) is amended—

8 (1) in paragraph (2)—

9 (A) by striking subparagraph (A) and in10 serting the following:

11 ‘‘(A) include comprehensive, research-based,

12 specific, long-range goals and performance measures

13 (including specific annual targets expressed in terms

14 of precise percentages) for reducing drug abuse and

15 the consequences of drug abuse in the United

16 States;’’;

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

18 ‘‘and’’ at the end;

19 (C) by striking subparagraph (D);

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

21 ‘‘(D) include 4-year projections for National

22 Drug Control Program priorities (including budget

23 priorities); and

24 ‘‘(E) review international, Federal, State, local,

25 and private sector drug control activities to ensure
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1 that the United States pursues well-coordinated and

2 effective drug control at all levels of government.’’;

3 (2) in paragraph (3)(A), by striking clauses (iv)

4 and (v) and inserting the following:

5 ‘‘(iv) private citizens and organizations with ex6 perience and expertise in demand reduction;

7 ‘‘(v) private citizens and organizations with ex8 perience and expertise in supply reduction; and

9 ‘‘(vi) appropriate representatives of foreign gov10 ernments.’’;

11 (3) in paragraph (4)—

12 (A) in subparagraph (B), by striking

13 clauses (i) through (vi) and inserting the follow14 ing:

15 ‘‘(i) the quantities of cocaine, heroin, mari16 juana, methamphetamine, ecstasy, and rohypnol

17 available for consumption in the United States;

18 ‘‘(ii) the amount of cocaine, heroin, mari19 juana, ecstasy, rohypnol, methamphetamine,

20 and precursor chemicals entering the United

21 States;

22 ‘‘(iii) the number of hectares of marijuana,

23 poppy, and coca cultivated and destroyed do24 mestically and in other countries;
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1 ‘‘(iv) the number of metric tons of mari2 juana, cocaine, heroin, and methamphetamine

3 seized;

4 ‘‘(v) the number of cocaine and meth5 amphetamine processing labs destroyed domes6 tically and in other countries;

7 ‘‘(vi) changes in the price and purity of

8 heroin and cocaine, changes in price of meth9 amphetamine, and changes in

10 tetrahydrocannabinol level of marijuana;’’;

11 (B) in subparagraph (C), by striking

12 ‘‘and’’ at the end;

13 (C) in subparagraph (D), by striking the

14 period at the end and inserting ‘‘; and’’; and

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

16 ‘‘(E) assessment of the cultivation of illegal

17 drugs in the United States.’’; and

18 (4) in paragraph (5)—

19 (A) in the matter preceding subparagraph

20 (A), by striking ‘‘February 1, 1995’’ and insert21 ing ‘‘February 1, 1999’’;

22 (B) in the matter preceding subparagraph

23 (A), by striking ‘‘second’’;

24 (C) in subparagraph (C), by striking

25 ‘‘and’’ at the end;
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1 (D) in subparagraph (D), by striking the

2 period at the end and inserting ‘‘; and’’; and

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

4 ‘‘(E) a description of the National Drug Con5 trol Program performance measures described in

6 subsection (a)(2)(A).’’.

7 (b) GOALS AND PERFORMANCE MEASURES FOR NA8 TIONAL DRUG CONTROL STRATEGY.—Section 1005(b)

9 (21 U.S.C. 1504(b)) is amended—

10 (1) in the heading, by striking ‘‘, OBJECTIVES,

11 AND PRIORITIES’’ and inserting ‘‘AND PERFORM12 ANCE MEASURES’’;

13 (2) in the matter after the heading, by inserting

14 ‘‘(1)’’ before ‘‘Each National Drug Control Strat15 egy’’;

16 (3) by redesignating paragraphs (1) through

17 (6) as subparagraphs (A) through (F), respectively;

18 (4) in subparagraph (A) (as redesignated by

19 paragraph (3)), by striking ‘‘and priorities’’ and in20 serting ‘‘and performance measures’’;

21 (5) in subparagraph (C) (as redesignated by

22 paragraph (3)), by striking ‘‘3-year projections’’ and

23 inserting ‘‘4-year projections’’; and

24 (6) by adding at the end the following:
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1 ‘‘(2) In establishing the performance measures re2 quired by this subsection, the Director shall—

3 ‘‘(A) establish performance measures and tar4 gets expressed in terms of precise percentages for

5 each National Drug Control Strategy goal and objec6 tive;

7 ‘‘(B) revise such performance measures and

8 targets as necessary, and reflect such performance

9 measures and targets in the National Drug Control

10 Program budget submitted to Congress;

11 ‘‘(C) consult with affected National Drug Con12 trol Program agencies;

13 ‘‘(D) identify programs and activities of Na14 tional Drug Control Program agencies that support

15 the goals of the National Drug Control Strategy;

16 ‘‘(E) evaluate in detail the implementation by

17 each National Drug Control Program agency of pro18 gram activities supporting the National Drug Con19 trol Strategy;

20 ‘‘(F) monitor consistency between the drug-re21 lated goals of the National Drug Control Program

22 agencies and ensure that drug control agency goals

23 and budgets fully support, and are fully consistent

24 with, the National Drug Control Strategy;
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1 ‘‘(G) coordinate the development and implemen2 tation of national drug control data collection and

3 reporting systems to support Federal policy formula4 tion and performance measurement;

5 ‘‘(H) ensure that no Federal drug control funds

6 are expended for any study or contract relating to

7 the legalization (for a medical use or any other use)

8 of a substance listed in schedule I of section 202 of

9 the Controlled Substances Act (21 U.S.C. 812); and

10 ‘‘(I) ensure that no Federal funds appropriated

11 for the High Intensity Drug Trafficking Program

12 are expended for the expansion of drug treatment

13 programs.’’.

14 SEC. 6. REPORT ON DESIGNATION OF HIGH INTENSITY

15 DRUG TRAFFICKING AREAS.

16 Section 1005(c)(3) (21 U.S.C. 1504(c)(3)) is amend17 ed to read as follows:

18 ‘‘(3) ANNUAL REPORT.—Not later than March 1 of

19 each year, the Director shall submit to Congress a re20 port—

21 ‘‘(A) on the effectiveness of, and need for, the

22 designation of areas under this subsection as high

23 intensity drug trafficking areas; and
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1 ‘‘(B) that includes any recommendations of the

2 Director for legislative action with respect to such

3 designation.’’.

4 SEC. 7. EXTENSION OF AUTHORIZATION OF APPROPRIA5 TIONS.

6 Section 1011 (21 U.S.C. 1508) is amended by strik7 ing ‘‘8 succeeding fiscal years’’ and inserting ‘‘10 succeed8 ing fiscal years’’.

9 SEC. 8. REPORT REQUIRED.

10 Not later than November 1, 1998, the Director of the

11 Office of National Drug Control Policy shall submit to

12 Congress a report including—

13 (1) proposed goals, targets, performance meas14 ures (as described in section 1003(b)(1) of the Na15 tional Narcotics Leadership Act of 1988 (21 U.S.C.

16 1502(b)(1))), and specific initiatives with respect to

17 the National Drug Control Program, including the

18 High Intensity Drug Trafficking Area Program; and

19 (2) proposals to coordinate the efforts of all

20 National Drug Control Program agencies.

21 SEC. 9. CONSISTENCY WITH NATIONAL SECURITY ACT OF

22 1947.

23 Section 1004 (21 U.S.C. 1503) is amended—

24 (1) in subsection (a)—

25 (A) by striking ‘‘(1)’’;
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1 (B) by striking ‘‘(2)(A)’’ and inserting

2 ‘‘(b) CONSISTENCY WITH NATIONAL SECURITY

3 ACT OF 1947.—(1)’’;

4 (C) by striking ‘‘(B)’’ and inserting ‘‘(2)’’;

5 and

6 (D) by striking ‘‘subparagraph (A)’’ and

7 inserting ‘‘paragraph (1)’’; and

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

9 subsections (c) and (d), respectively.

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