H. R. 3355—194
throughout a State or a part of a State, the President may declare
the State or part of a State to be a violent crime or drug emergency
area and may take appropriate actions authorized by this section.
(c) PROCEDURE.—
(1) IN GENERAL.—A request for a declaration designating
an area to be a violent crime or drug emergency area shall
be made, in writing, by the chief executive officer of a State
or local government, respectively (or in the case of the District
of Columbia, the mayor), and shall be forwarded to the Attorney
General in such form as the Attorney General may by regula-
tion require. One or more cities, counties, States, or the District
of Columbia may submit a joint request for designation as
a major violent crime or drug emergency area under this sub-
section.
(2) FINDING.—A request made under paragraph (1) shall
be based on a written finding that the major violent crime
or drug-related emergency is of such severity and magnitude
that Federal assistance is necessary to ensure an effective
response to save lives and to protect property and public health
and safety.
(d) IRRELEVANCY OF POPULATION DENSITY.—The President shall
not limit declarations made under this section to highly populated
centers of violent crime or drug trafficking, drug smuggling, or
drug use, but shall also consider applications from governments
of less populated areas where the magnitude and severity of such
activities is beyond the capability of the State or local government
to respond.
(e) REQUIREMENTS.—As part of a request for a declaration
under this section, and as a prerequisite to Federal violent crime
or drug emergency assistance under this section, the chief executive
officer of a State or local government shall—
(1) take appropriate action under State or local law and
furnish information on the nature and amount of State and
local resources that have been or will be committed to alleviat-
ing the major violent crime- or drug-related emergency;
(2) submit a detailed plan outlining that government’s
short- and long-term plans to respond to the violent crime
or drug emergency, specifying the types and levels of Federal
assistance requested and including explicit goals (including
quantitative goals) and timetables; and
(3) specify how Federal assistance provided under this sec-
tion is intended to achieve those goals.
(f) REVIEW PERIOD.—The Attorney General shall review a
request submitted pursuant to this section, and the President shall
decide whether to declare a violent crime or drug emergency area,
within 30 days after receiving the request.
(g) FEDERAL ASSISTANCE.—The President may—
(1) direct any Federal agency, with or without reimburse-
ment, to utilize its authorities and the resources granted to
it under Federal law (including personnel, equipment, supplies,
facilities, financial assistance, and managerial, technical, and
advisory services) in support of State and local assistance
efforts; and
(2) provide technical and advisory assistance, including
communications support and law enforcement-related intel-
ligence information.
(h) DURATION OF FEDERAL ASSISTANCE.—
H. R. 3355—195
(1) IN
GENERAL.—Federal assistance under this section
shall not be provided to a violent crime or drug emergency
area for more than 1 year.
(2) EXTENSION.—The chief executive officer of a jurisdiction
may apply to the President for an extension of assistance
beyond 1 year. The President may extend the provision of
Federal assistance for not more than an additional 180 days.
(i) REGULATIONS.—Not later than 120 days after the date of
enactment of this Act, the Attorney General shall issue regulations
to implement this section.
(j) NO EFFECT ON EXISTING AUTHORITY.—Nothing in this section
shall diminish or detract from existing authority possessed by the
President or Attorney General.
Subtitle B—National Narcotics Leadership
Act Amendments
SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRAT-
EGY.
(a) PROGRAM BUDGET.—Section 1003(c) of the National Narcot-
ics Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended—
(1) by redesignating paragraphs (5), (6), and (7), as para-
graphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new para-
graph:
‘‘(5) The Director shall request the head of a department or
agency to include in the department’s or agency’s budget submission
to the Office of Management and Budget funding requests for
specific initiatives that are consistent with the President’s priorities
for the National Drug Control Strategy and certifications made
pursuant to paragraph (3), and the head of the department or
agency shall comply with such a request.’’.
(b) BUDGET RECOMMENDATION.—Section 1003(b) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(8) provide, by July 1 of each year, budget recommenda-
tions to the heads of departments and agencies with responsibil-
ities under the National Drug Control Program, which rec-
ommendations shall apply to the second following fiscal year
and address funding priorities developed in the annual National
Drug Control Strategy.’’.
(c) CONTROL OF DRUG-RELATED RESOURCES.—Section 1003 of
the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502)
is amended—
(1) in subsection (d)—
(A) by amending paragraph (2) to read as follows:
‘‘(2) request the head of a department or agency or program
to place department, agency, or program personnel who are
engaged in drug control activities on temporary detail to
another department or agency in order to implement the
National Drug Control Strategy, and the head of the depart-
ment or agency shall comply with such a request;
(B) by striking ‘‘and’’ at the end of paragraph (6);
H. R. 3355—196
(C) by striking the period at the end of paragraph
(7) and inserting a semicolon; and
(D) by adding after paragraph (7) the following new
paragraphs:
‘‘(8) except to the extent that the Director’s authority under
this paragraph is limited in an annual appropriations Act,
transfer funds appropriated to a National Drug Control Pro-
gram agency account to a different National Drug Control Pro-
gram agency account in an amount that does not exceed 2
percent of the amount appropriated to either account, upon
advance approval of the Committees on Appropriations of each
House of Congress; and
‘‘(9) in order to ensure compliance with the National Drug
Control Program, issue to the head of a National Drug Control
Program agency a funds control notice described in subsection
(f).’’; and
(2) by adding at the end the following new subsections:
‘‘(f) FUNDS CONTROL NOTICES.—(1) A funds control notice may
direct that all or part of an amount appropriated to the National
Drug Control Program agency account be obligated by—
‘‘(A) months, fiscal year quarters, or other time periods;
and
‘‘(B) activities, functions, projects, or object classes.
‘‘(2) An officer or employee of a National Drug Control Program
agency shall not make or authorize an expenditure or obligation
contrary to a funds control notice issued by the Director.
‘‘(3) In the case of a violation of paragraph (2) by an officer
or employee of a National Drug Control Program agency, the head
of the agency, upon the request of and in consultation with the
Director, may subject the officer or employee to appropriate adminis-
trative discipline, including, when circumstances warrant, suspen-
sion from duty without pay or removal from office.’’.
(d) CERTIFICATION OF ADEQUACY OF BUDGET REQUEST.—Section
1003(c)(3)(B) of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1502(c)(3)(B)) is amended—
(1) by inserting ‘‘in whole or in part’’ after ‘‘adequacy of
such request’’; and
(2) by striking the semicolon at the end and inserting
‘‘and, with respect to a request that is not certified as adequate
to implement the objectives of the National Drug Control Strat-
egy, include in the certification an initiative or funding level
that would make the request adequate;’’.
SEC. 90202. OFFICE PERSONNEL RESTRICTION.
Section 1003 of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1502) is amended by adding at the end the following
new subsection:
‘‘(f) PROHIBITION ON POLITICAL CAMPAIGNING.—A Federal officer
in the Office of National Drug Control Policy who is appointed
by the President, by and with the advice and consent of the Senate,
may not participate in Federal election campaign activities, except
that such an official is not prohibited by this subsection from
making contributions to individual candidates.’’.
SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEAS-
URES.
Section 1005(a) of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1504(a)) is amended—
H. R. 3355—197
(1) in paragraph (2)(A) by inserting ‘‘and the consequences
of drug abuse’’ after ‘‘drug abuse’’; and
(2) by amending paragraph (4) to read as follows:
‘‘(4) The Director shall include with each National Drug
Control Strategy an evaluation of the effectiveness of Federal
drug control during the preceding year. The evaluation shall
include an assessment of Federal drug control efforts, includ-
ing—
‘‘(A) assessment of the reduction of drug use, including
estimates of drug prevalence and frequency of use as meas-
ured by national, State, and local surveys of illicit drug
use and by other special studies of—
‘‘(i) high-risk populations, including school drop-
outs, the homeless and transient, arrestees, parolees,
and probationers, and juvenile delinquents; and
‘‘(ii) drug use in the workplace and the productivity
lost by such use;
‘‘(B) assessment of the reduction of drug availability,
as measured by—
‘‘(i) the quantities of cocaine, heroin, and mari-
juana available for consumption in the United States;
‘‘(ii) the amount of cocaine and heroin entering
the United States;
‘‘(iii) the number of hectares of poppy and coca
cultivated and destroyed;
‘‘(iv) the number of metric tons of heroin and
cocaine seized;
‘‘(v) the number of cocaine processing labs
destroyed;
‘‘(vi) changes in the price and purity of heroin
and cocaine;
‘‘(vii) the amount and type of controlled substances
diverted from legitimate retail and wholesale sources;
and
‘‘(viii) the effectiveness of Federal technology pro-
grams at improving drug detection capabilities at
United States ports of entry;
‘‘(C) assessment of the reduction of the consequences
of drug use and availability, which shall include estimation
of—
‘‘(i) burdens drug users placed on hospital emer-
gency rooms in the United States, such as the quantity
of drug-related services provided;
‘‘(ii) the annual national health care costs of drug
use, including costs associated with people becoming
infected with the human immunodeficiency virus and
other communicable diseases as a result of drug use;
‘‘(iii) the extent of drug-related crime and criminal
activity; and
‘‘(iv) the contribution of drugs to the underground
economy, as measured by the retail value of drugs
sold in the United States; and
‘‘(D) determination of the status of drug treatment
in the United States, by assessing—
‘‘(i) public and private treatment capacity within
each State, including information on the number of
treatment slots available in relation to the number