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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2028 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; AMENDMENT REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Drug Czar 
Responsibility and Accountability Act of 1998''.
    (b) Amendment References.--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 
National Narcotics Leadership Act of 1988 (21 U.S.C. 1501 et seq.).

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Overall drug use among children aged 12 to 17 in 1992 
        was 5.3 percent. In 1996, it was 9 percent, an increase of 70 
        percent.
            (2) Use of any illicit drug among 8th graders in 1992 was 
        12.9 percent. In 1997, it was 22.1 percent, an increase of 71 
        percent.
            (3) Use of any illicit drug among 10th graders in 1992 was 
        20.4 percent. In 1997, it was 38.5 percent, an increase of 91 
        percent.
            (4) Use of any illicit drug among 12th graders in 1992 was 
        27.1 percent. In 1997, it was 42.4 percent, an increase of 56 
        percent.
            (5) Use of marijuana among 8th graders in 1992 was 3.7 
        percent. In 1997, it was 10.2 percent, an increase of 176 
        percent.
            (6) Use of marijuana among children aged 12 to 17 in 1992 
        was 3.4 percent. In 1996, it was 7.1 percent, an increase of 
        109 percent.
            (7) Use of cocaine among children aged 12 to 17 in 1992 was 
        0.3 percent. In 1996, it was 0.6 percent, an increase of 100 
        percent.
            (8) Marijuana-related medical emergencies in 1992 totaled 
        23,997. In 1996, there were 50,037 such emergencies, an 
        increase of 108 percent.
            (9) Cocaine-related medical emergencies in 1992 totaled 
        119,843. In 1996, there were 144,180 such emergencies, an 
        increase of 20 percent.
            (10) Heroin-related medical emergencies in 1992 totaled 
        48,003. In 1996, there were 70,463 such emergencies, an 
        increase of 47 percent.

SEC. 3. EXPANSION OF RESPONSIBILITIES OF DIRECTOR.

    (a) Expansion of Responsibilities.--Section 1003(b) (21 U.S.C. 
1502(b)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) establish Federal policies, objectives, goals, 
        priorities, and performance measures (including specific annual 
        agency targets expressed in terms of precise percentages) for 
        the National Drug Control Program and for each National Drug 
        Control Program agency, which shall include targets for 
        reducing the levels of overall unlawful drug use, adolescent 
        unlawful drug use, and drug-related emergency room incidents to 
        January 19, 1993 levels;'';
            (2) by striking paragraph (3) and inserting the following:
            ``(3) coordinate, oversee, and evaluate the effectiveness 
        of the implementation of the policies, objectives, goals, 
        performance measures, and priorities established under 
        paragraph (1) and the fulfillment of the responsibilities of 
        the National Drug Control Program agencies under the National 
        Drug Control Strategy;'';
            (3) in paragraph (5), by inserting ``and nongovernmental 
        entities involved in demand reduction'' after ``governments'';
            (4) in paragraph (7), by striking ``and'' at the end;
            (5) in paragraph (8), by striking the period at the end and 
        inserting a semicolon; and
            (6) by adding at the end the following:
            ``(9) require each National Drug Control Program agency to 
        submit to the Director on a semi-annual basis (beginning with 
        the first 6 months of 1999) an evaluation of progress by the 
        agency with respect to drug control program goals using 
the performance measures referred to in paragraph (1), including 
progress with respect to--
                    ``(A) success in reducing domestic and foreign 
                sources of illegal drugs;
                    ``(B) success in protecting the borders of the 
                United States (and in particular the Southwestern 
                border of the United States) from penetration by 
                illegal narcotics;
                    ``(C) success in reducing violent crime associated 
                with drug use in the United States;
                    ``(D) success in reducing the negative health and 
                social consequences of drug use in the United States; 
                and
                    ``(E) implementation of drug treatment and 
                prevention programs in the United States and 
                improvements in the adequacy and effectiveness of such 
                programs;
            ``(10) submit to Congress on a semiannual basis, not later 
        than 60 days after the date of the last day of the applicable 
        6-month period, a summary of--
                    ``(A) each evaluation received by the Director 
                under paragraph (9); and
                    ``(B) the progress of each National Drug Control 
                Program agency toward the drug control program goals of 
                the agency using the performance measures described in 
                paragraph (1);
            ``(11) require the National Drug Control Program agencies 
        to submit to the Director not later than February 1 of each 
        year a detailed accounting of all funds expended by the 
        agencies for National Drug Control Program activities during 
        the previous fiscal year, and require such accounting to be 
        authenticated by the Inspector General for each agency prior to 
        submission to the Director;
            ``(12) submit to Congress not later than April 1 of each 
        year the information submitted to the Director under paragraph 
        (11);
            ``(13) submit to Congress not later than August 1 of each 
        year a report including--
                    ``(A) the budget guidance provided by the Director 
                to each National Drug Control Program agency for the 
                fiscal year in which the report is submitted and for 
                the other fiscal years within the applicable 5-year 
                budget plan relating to such fiscal year; and
                    ``(B) a summary of the request of each National 
                Drug Control Program agency to the Director under this 
                Act (prior to review of the request by the Office of 
                Management and Budget) for the resources required to 
                achieve the targets of the agency under this Act;
            ``(14) act as a representative of the President before 
        Congress on all aspects of the National Drug Control Program;
            ``(15) act as the primary spokesperson of the President on 
        drug issues;
            ``(16) make recommendations to National Drug Control 
        Program agency heads with respect to implementation of Federal 
        counter-drug programs;
            ``(17) take such actions as necessary to oppose any attempt 
        to legalize the use of a substance (in any form) that--
                    ``(A) is listed in schedule I of section 202 of the 
                Controlled Substances Act (21 U.S.C. 812); and
                    ``(B) has not been approved for use for medical 
                purposes by the Food and Drug Administration; and
            ``(18) ensure that drug prevention and drug treatment 
        research and information is effectively disseminated by 
        National Drug Control Program agencies to State and local 
        governments and nongovernmental entities involved in demand 
        reduction by--
                    ``(A) encouraging formal consultation between any 
                such agency that conducts or sponsors research, and any 
                such agency that disseminates information in developing 
                research and information product development agendas;
                    ``(B) encouraging such agencies (as appropriate) to 
                develop and implement dissemination plans that 
                specifically target State and local governments and 
                nongovernmental entities involved in demand reduction; 
                and
                    ``(C) developing a single interagency clearinghouse 
                for the dissemination of research and information by 
                such agencies to State and local governments and 
                nongovernmental agencies involved in demand 
                reduction.''.
    (b) Survey of Drug Use.--
            (1) In general.--The University of Michigan shall not be 
        prohibited under any law from conducting the survey of drug use 
        among young people in the United States known as the Monitoring 
        the Future Survey.
            (2) Other surveys.--The National Parents' Resource 
        Institute for Drug Education in Atlanta, Georgia, shall not be 
        prohibited under any law from conducting the survey of drug use 
        among young people in the United States known as the National 
        PRIDE Survey.

SEC. 4. EXPANSION OF POWERS OF DIRECTOR.

    Section 1003(d) (21 U.S.C. 1502(d)) is amended--
            (1) in paragraph (9), by striking the period and inserting 
        a semicolon; and
            (2) by adding at the end the following:
            ``(10) require the heads of National Drug Control Program 
        agencies to provide the Director with statistics, studies, 
        reports, and any other information regarding Federal control of 
        drug abuse;
            ``(11) require the heads of National Drug Control Program 
        agencies to provide the Director with information regarding any 
        position (before an individual is nominated for such position) 
        that--
                    ``(A) relates to the National Drug Control Program;
                    ``(B) is at or above the level of Deputy Assistant 
                Secretary; and
                    ``(C) involves responsibility for Federal 
                counternarcotics or antidrug programs; and
            ``(12) make recommendations to the National Drug 
        Intelligence Center on the specific projects that the Director 
        determines will enhance the effectiveness of implementation of 
        the National Drug Control Strategy.''.

SEC. 5. SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY.

    (a) In General.--Section 1005(a) (21 U.S.C. 1504(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
            ``(A) include comprehensive, research-based, specific, 
        long-range goals and performance measures (including specific 
        annual targets expressed in terms of precise percentages) for 
        reducing drug abuse and the consequences of drug abuse in the 
        United States;'';
                    (B) in subparagraph (C), by striking ``and'' at the 
                end;
                    (C) by striking subparagraph (D);
                    (D) by adding at the end the following:
            ``(D) include 4-year projections for National Drug Control 
        Program priorities (including budget priorities); and
            ``(E) review international, Federal, State, local, and 
        private sector drug control activities to ensure that the 
        United States pursues well-coordinated and effective drug 
        control at all levels of government.'';
            (2) in paragraph (3)(A), by striking clauses (iv) and (v) 
        and inserting the following:
            ``(iv) private citizens and 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.'';
            (3) in paragraph (4)--
                    (A) in subparagraph (B), by striking clauses (i) 
                through (vi) and inserting the following:
                    ``(i) the quantities of cocaine, heroin, marijuana, 
                methamphetamine, ecstasy, and rohypnol available for 
                consumption in the United States;
                    ``(ii) the amount of cocaine, heroin, marijuana, 
                ecstasy, rohypnol, methamphetamine, and precursor 
                chemicals entering the United States;
                    ``(iii) 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, 
                cocaine, heroin, and methamphetamine seized;
                    ``(v) the number of cocaine and methamphetamine 
                processing labs destroyed domestically and in other 
                countries;
                    ``(vi) changes in the price and purity of heroin 
                and cocaine, changes in price of methamphetamine, and 
                changes in tetrahydrocannabinol level of marijuana;'';
                    (B) in subparagraph (C), by striking ``and'' at the 
                end;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(E) assessment of the cultivation of illegal drugs in the 
        United States.''; and
            (4) in paragraph (5)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``February 1, 1995'' and inserting ``February 
                1, 1999'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``second'';
                    (C) in subparagraph (C), by striking ``and'' at the 
                end;
                    (D) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(E) a description of the National Drug Control Program 
        performance measures described in subsection (a)(2)(A).''.
    (b) Goals and Performance Measures for National Drug Control 
Strategy.--Section 1005(b) (21 U.S.C. 1504(b)) is amended--
            (1) in the heading, by striking ``, Objectives, and 
        Priorities'' and inserting ``and Performance Measures'';
            (2) in the matter after the heading, by inserting ``(1)'' 
        before ``Each National Drug Control Strategy'';
            (3) by redesignating paragraphs (1) through (6) as 
        subparagraphs (A) through (F), respectively;
            (4) in subparagraph (A) (as redesignated by paragraph (3)), 
        by striking ``and priorities'' and inserting ``and performance 
        measures'';
            (5) in subparagraph (C) (as redesignated by paragraph (3)), 
        by striking ``3-year projections'' and inserting ``4-year 
        projections''; and
            (6) by adding at the end the following:
    ``(2) In establishing the performance measures required by this 
subsection, the Director shall--
            ``(A) establish performance measures and targets expressed 
        in terms of precise percentages for each National Drug Control 
        Strategy goal and objective;
            ``(B) revise such performance measures and targets as 
        necessary, and reflect such performance measures and targets in 
        the National Drug Control Program budget submitted to Congress;
            ``(C) consult with affected National Drug Control Program 
        agencies;
            ``(D) identify programs and activities of National Drug 
        Control Program agencies that support the goals of the National 
        Drug Control Strategy;
            ``(E) evaluate in detail the implementation by each 
        National Drug Control Program agency of program activities 
        supporting the National Drug Control Strategy;
            ``(F) monitor consistency between the drug-related goals of 
        the National Drug Control Program agencies and ensure that drug 
        control agency goals and budgets fully support, and are fully 
        consistent with, the National Drug Control Strategy;
            ``(G) coordinate the development and implementation of 
        national drug control data collection and reporting systems to 
        support Federal policy formulation and performance measurement;
            ``(H) ensure that no Federal drug control funds are 
        expended for any study or contract relating to the legalization 
        (for a medical use or any other use) of a substance listed in 
        schedule I of section 202 of the Controlled Substances Act (21 
        U.S.C. 812); and
            ``(I) ensure that no Federal funds appropriated for the 
        High Intensity Drug Trafficking Program are expended for the 
        expansion of drug treatment programs.''.

SEC. 6. REPORT ON DESIGNATION OF HIGH INTENSITY DRUG TRAFFICKING AREAS.

    Section 1005(c)(3) (21 U.S.C. 1504(c)(3)) is amended to read as 
follows:
    ``(3) Annual report.--Not later than March 1 of each year, the 
Director shall submit to Congress a report--
            ``(A) on the effectiveness of, and need for, the 
        designation of areas under this subsection as high intensity 
        drug trafficking areas; and
            ``(B) that includes any recommendations of the Director for 
        legislative action with respect to such designation.''.

SEC. 7. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.

    Section 1011 (21 U.S.C. 1508) is amended by striking ``8 succeeding 
fiscal years'' and inserting ``10 succeeding fiscal years''.

SEC. 8. REPORT REQUIRED.

    Not later than November 1, 1998, the Director of the Office of 
National Drug Control Policy shall submit to Congress a report 
including--
            (1) proposed goals, targets, performance measures (as 
        described in section 1003(b)(1) of the National Narcotics 
        Leadership Act of 1988 (21 U.S.C. 1502(b)(1))), and specific 
        initiatives with respect to the National Drug Control Program, 
        including the High Intensity Drug Trafficking Area Program; and
            (2) proposals to coordinate the efforts of all National 
        Drug Control Program agencies.

SEC. 9. CONSISTENCY WITH NATIONAL SECURITY ACT OF 1947.

    Section 1004 (21 U.S.C. 1503) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(1)'';
                    (B) by striking ``(2)(A)'' and inserting ``(b) 
                Consistency With National Security Act of 1947.--(1)'';
                    (C) by striking ``(B)'' and inserting ``(2)''; and
                    (D) by striking ``subparagraph (A)'' and inserting 
                ``paragraph (1)''; and
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively.
                                 <all>
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