225
HR 4104 PP
ministrator provide technical assistance, and conduct and
provide the results of studies and reviews, for the cor-
responding legislative offices, and entities operating child
care facilities in the corresponding legislative facilities, on
a reimbursable basis, in order to assist the entities in com-
plying with this section.
(f) COUNCIL.—The Administrator shall establish an
interagency council, comprised of representatives of all Ex-
ecutive agencies described in subsection (d), a representative
of the Chief Administrative Officer of the House of Rep-
resentatives, a representative of the designated Senate entity
described in subsection (c), and a representative of the Li-
brarian of Congress, to facilitate cooperation and sharing
of best practices, and to develop and coordinate policy, re-
garding the provision of child care, including the provision
of areas for nursing mothers and other lactation support
facilities and services, in the Federal Government.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$900,000 for fiscal year 1999 and such sums as may be
necessary for each subsequent fiscal year.
SEC. 703. CHILD CARE SERVICES FOR FEDERAL EM-
PLOYEES. (a) IN GENERAL.—An Executive agency that pro-
vides or proposes to provide child care services for Federal
employees may use agency funds to provide the child care
226
HR 4104 PP
services, in a facility that is owned or leased by an Execu-
tive agency, or through a contractor, for civilian employees
of such agency.
(b) AFFORDABILITY.—Funds so used with respect to
any such facility or contractor shall be applied to improve
the affordability of child care for lower income Federal em-
ployees using or seeking to use the child care services offered
by such facility or contractor.
(c) REGULATIONS.—The Director of the Office of Per-
sonnel Management shall, within 180 days after the date
of enactment of this Act, issue regulations necessary to
carry out this section.
(d) DEFINITION.—For purposes of this section, the
term ‘‘Executive agency’’ has the meaning given such term
by section 105 of title 5, United States Code, but does not
include the General Accounting Office.
SEC. 704. MISCELLANEOUS PROVISIONS RELATING TO
CHILD CARE PROVIDED BY FEDERAL AGENCIES. (a) AVAIL-
ABILITY OF FEDERAL CHILD CARE CENTERS FOR ONSITE
CONTRACTORS; PERCENTAGE GOAL.—Section 616(a) of the
Act of December 22, 1987 (40 U.S.C. 490b), is amended—
(1) in subsection (a), by striking paragraphs (2)
and (3) and inserting the following:
227
HR 4104 PP
‘‘(2) such officer or agency determines that such
space will be used to provide child care and related
services to—
‘‘(A) children of Federal employees or onsite
Federal contractors; or
‘‘(B) dependent children who live with Fed-
eral employees or onsite Federal contractors; and
‘‘(3) such officer or agency determines that such
individual or entity will give priority for available
child care and related services in such space to Fed-
eral employees and onsite Federal contractors.’’; and
(2) by adding at the end the following:
‘‘(e)(1)(A) The Administrator of General Services shall
confirm that at least 50 percent of aggregate enrollment in
Federal child care centers governmentwide are children of
Federal employees or onsite Federal contractors, or depend-
ent children who live with Federal employees or onsite Fed-
eral contractors.
‘‘(B) Each provider of child care services at an indi-
vidual Federal child care center shall maintain 50 percent
of the enrollment at the center of children described under
subparagraph (A) as a goal for enrollment at the center.
‘‘(C) If enrollment at a center does not meet the per-
centage goal under subparagraph (B), the provider shall de-
velop and implement a business plan with the sponsoring
228
HR 4104 PP
Federal agency to achieve the goal within a reasonable time-
frame. Such plan shall be approved by the Administrator
of General Services based on—
‘‘(i) compliance of the plan with standards estab-
lished by the Administrator; and
‘‘(ii) the effect of the plan on achieving the ag-
gregate Federal enrollment percentage goal.
‘‘(2) The Administrator of General Services Adminis-
tration may enter into public-private partnerships or con-
tracts with nongovernmental entities to increase the capac-
ity, quality, affordability, or range of child care and related
services and may, on a demonstration basis, waive sub-
section (a)(3) and paragraph (1) of this subsection.’’.
(b) PAYMENT OF COSTS OF TRAINING PROGRAMS.—
Section 616(b)(3) of such Act (40 U.S.C. 490(b)(3)) is
amended to read as follows:
‘‘(3) If an agency has a child care facility in its space,
or is a sponsoring agency for a child care facility in other
Federal or leased space, the agency or the General Services
Administration may pay accreditation fees, including re-
newal fees, for that center to be accredited. Any agency, de-
partment, or instrumentality of the United States that pro-
vides or proposes to provide child care services for children
referred to in subsection (a)(2), may reimburse any Federal
employee or any person employed to provide such services
229
HR 4104 PP
for the costs of training programs, conferences, and meet-
ings and related travel, transportation, and subsistence ex-
penses incurred in connection with those activities. Any per
diem allowance made under this section shall not exceed
the rate specified in regulations prescribed under section
5707 of title 5, United States Code.’’.
(c) PROVISION OF CHILD CARE BY PRIVATE ENTI-
TIES.—Section 616(d) of such Act (40 U.S.C. 490b(d)) is
amended to read as follows:
‘‘(d)(1) If a Federal agency has a child care facility
in its space, or is a sponsoring agency for a child care facil-
ity in other Federal or leased space, the agency, the child
care center board of directors, or the General Services Ad-
ministration may enter into an agreement with 1 or more
private entities under which such private entities would as-
sist in defraying the general operating expenses of the child
care providers including salaries and tuition assistance
programs at the facility.
‘‘(2)(A) Notwithstanding any other provision of law,
if a Federal agency does not have a child care program,
or if the Administrator of General Services has identified
a need for child care for Federal employees at an agency
providing child care services that do not meet the require-
ments of subsection (a), the agency or the Administrator
may enter into an agreement with a non-Federal, licensed,
230
HR 4104 PP
and accredited child care facility, or a planned child care
facility that will become licensed and accredited, for the
provision of child care services for children of Federal em-
ployees.
‘‘(B) Before entering into an agreement, the head of
the Federal agency shall determine that child care services
to be provided through the agreement are more cost effec-
tively provided through such arrangement than through es-
tablishment of a Federal child care facility.
‘‘(C) The agency may provide any of the services de-
scribed in subsection (b)(3) if, in exchange for such services,
the facility reserves child care spaces for children referred
to in subsection (a)(2), as agreed to by the parties. The cost
of any such services provided by an agency to a child care
facility on behalf of another agency shall be reimbursed by
the receiving agency.
‘‘(3) This subsection does not apply to residential child
care programs.’’.
(d) PILOT PROJECTS.—Section 616 of such Act (40
U.S.C. 490b) is further amended by adding at the end the
following:
‘‘(f)(1) Upon approval of the agency head, an agency
may conduct a pilot project not otherwise authorized by law
for no more than 2 years to test innovative approaches to
providing alternative forms of quality child care assistance
232
HR 4104 PP
began before the date of enactment of this subsection) shall
undergo a criminal history background check consistent
with section 3 of the National Child Protection Act of 1993
(42 U.S.C. 5119a).’’.
SEC. 705. REQUIREMENT
TO PROVIDE LACTATION
SUPPORT IN NEW FEDERAL CHILD CARE FACILITIES. (a)
DEFINITIONS.—In this section, the terms ‘‘Federal agency’’,
‘‘executive facility’’, and ‘‘legislative facility’’ have the
meanings given the terms in section 702.
(b) LACTATION SUPPORT.—The head of each Federal
agency shall require that each child care facility in an exec-
utive facility or a legislative facility that is first operated
after the 1-year period beginning on the date of enactment
of this Act by the Federal agency, or under a contract or
licensing agreement with the Federal agency, shall provide
reasonable accommodations for the needs of breast-fed in-
fants and their mothers, including providing a lactation
area or a room for nursing mothers in part of the operating
plan for the facility.
TITLE VIII—OFFICE OF NATIONAL DRUG
CONTROL POLICY REAUTHORIZATION
SEC. 801. SHORT TITLE. This title may be cited as
the ‘‘Office of National Drug Control Policy Reauthoriza-
tion Act of 1998’’.
SEC. 802. DEFINITIONS. In this title:
233
HR 4104 PP
(1) DEMAND
REDUCTION.—The term ‘‘demand
reduction’’ means any activity conducted by a Na-
tional Drug Control Program agency, other than an
enforcement activity, that is intended to reduce the
use of drugs, including—
(A) drug abuse education;
(B) drug abuse prevention;
(C) drug abuse treatment;
(D) drug abuse research;
(E) drug abuse rehabilitation;
(F) drug-free workplace programs; and
(G) drug testing.
(2) DIRECTOR.—The term ‘‘Director’’ means the
Director of National Drug Control Policy.
(3) DRUG.—The term ‘‘drug’’ has the meaning
given the term ‘‘controlled substance’’ in section
102(6) of the Controlled Substances Act (21 U.S.C.
802(6)).
(4) DRUG CONTROL.—The term ‘‘drug control’’
means any activity conducted by a National Drug
Control Program agency involving supply reduction
or demand reduction, including any activity to re-
duce the use of tobacco or alcoholic beverages by un-
derage individuals.
234
HR 4104 PP
(5) FUND.—The term ‘‘Fund’’ means the fund
established under section 803(d).
(6) NATIONAL DRUG CONTROL PROGRAM.—The
term ‘‘National Drug Control Program’’ means pro-
grams, policies, and activities undertaken by Na-
tional Drug Control Program agencies pursuant to
the responsibilities of such agencies under the Na-
tional Drug Control Strategy.
(7) NATIONAL DRUG CONTROL PROGRAM AGEN-
CY.—The term ‘‘National Drug Control Program
agency’’ means any department or agency of the Fed-
eral Government and all dedicated units thereof, with
responsibilities under the National Drug Control
Strategy, as designated by the President, or jointly by
the Director and the head of the department or agen-
cy.
(8) NATIONAL DRUG CONTROL STRATEGY.—The
term ‘‘National Drug Control Strategy’’ means the
strategy developed and submitted to Congress under
section 806.
(9) OFFICE.—Unless the context clearly impli-
cates otherwise, the term ‘‘Office’’ means the Office of
National Drug Control Policy established under sec-
tion 803(a).
235
HR 4104 PP
(10) STATE
AND
LOCAL
AFFAIRS.—The term
‘‘State and local affairs’’ means domestic activities
conducted by a National Drug Control Program agen-
cy that are intended to reduce the availability and
use of drugs, including—
(A) coordination and facilitation of Fed-
eral, State, and local law enforcement drug con-
trol efforts;
(B) promotion of coordination and coopera-
tion among the drug supply reduction and de-
mand reduction agencies of the various States,
territories, and units of local government; and
(C) such other cooperative governmental ac-
tivities which promote a comprehensive approach
to drug control at the national, State, territory,
and local levels.
(11) SUPPLY REDUCTION.—The term ‘‘supply re-
duction’’ means any activity of a program conducted
by a National Drug Control Program agency that is
intended to reduce the availability or use of drugs in
the United States and abroad, including—
(A) international drug control;
(B) foreign and domestic drug intelligence;
(C) interdiction; and
236
HR 4104 PP
(D) domestic drug law enforcement, includ-
ing law enforcement directed at drug users.
SEC. 803. OFFICE OF NATIONAL DRUG CONTROL POL-
ICY. (a) ESTABLISHMENT OF OFFICE.—There is established
in the Executive Office of the President an Office of Na-
tional Drug Control Policy, which shall—
(1) develop national drug control policy;
(2) coordinate and oversee the implementation of
that national drug control policy;
(3) assess and certify the adequacy of national
drug control programs and the budget for those pro-
grams; and
(4) evaluate the effectiveness of the national drug
control programs.
(b) DIRECTOR AND DEPUTY DIRECTORS.—
(1) DIRECTOR.—There shall be at the head of the
Office a Director of National Drug Control Policy.
(2) DEPUTY DIRECTOR OF NATIONAL DRUG CON-
TROL POLICY.—There shall be in the Office a Deputy
Director of National Drug Control Policy, who shall
assist the Director in carrying out the responsibilities
of the Director under this title.
(3) OTHER DEPUTY DIRECTORS.—There shall be
in the Office—
237
HR 4104 PP
(A) a Deputy Director for Demand Reduc-
tion, who shall be responsible for the activities
described in subparagraphs (A) through (G) of
section 802(1);
(B) a Deputy Director for Supply Reduc-
tion, who shall be responsible for the activities
described in subparagraphs (A) through (C) of
section 802(11); and
(C) a Deputy Director for State and Local
Affairs, who shall be responsible for the activities
described in subparagraphs (A) through (C) of
section 802(10).
(c) ACCESS BY CONGRESS.—The location of the Office
in the Executive Office of the President shall not be con-
strued as affecting access by Congress, or any committee
of the House of Representatives or the Senate, to any—
(1) information, document, or study in the pos-
session of, or conducted by or at the direction of the
Director; or
(2) personnel of the Office.
(d) OFFICE OF NATIONAL DRUG CONTROL POLICY
GIFT FUND.—
(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a fund for the re-
ceipt of gifts, both real and personal, for the purpose
238
HR 4104 PP
of aiding or facilitating the work of the Office under
section 804(c).
(2) CONTRIBUTIONS.—The Office may accept,
hold, and administer contributions to the Fund.
(3) USE OF AMOUNTS DEPOSITED.—Amounts de-
posited in the Fund are authorized to be appro-
priated, to remain available until expended for au-
thorized purposes at the discretion of the Director.
SEC. 804. APPOINTMENT AND DUTIES OF DIRECTOR
AND DEPUTY DIRECTORS. (a) APPOINTMENT.—
(1) IN GENERAL.—The Director, the Deputy Di-
rector of National Drug Control Policy, the Deputy
Director for Demand Reduction, the Deputy Director
for Supply Reduction, and the Deputy Director for
State and Local Affairs, shall each be appointed by
the President, by and with the advice and consent of
the Senate, and shall serve at the pleasure of the
President. In appointing the Deputy Director for De-
mand Reduction under this paragraph, the President
shall take into consideration the scientific, edu-
cational or professional background of the individual,
and whether the individual has experience in the
fields of substance abuse prevention, education, or
treatment.
239
HR 4104 PP
(2) DUTIES OF DEPUTY DIRECTOR OF NATIONAL
DRUG CONTROL POLICY.—The Deputy Director of Na-
tional Drug Control Policy shall—
(A) carry out the duties and powers pre-
scribed by the Director; and
(B) serve as the Director in the absence of
the Director or during any period in which the
office of the Director is vacant.
(3) DESIGNATION OF OTHER OFFICERS.—In the
absence of the Deputy Director, or if the office of the
Deputy Director is vacant, the Director shall des-
ignate such other permanent employee of the Office to
serve as the Director, if the Director is absent or un-
able to serve.
(4) PROHIBITION.—No person shall serve as Di-
rector or a Deputy Director while serving in any
other position in the Federal Government.
(5) PROHIBITION ON POLITICAL CAMPAIGNING.—
Any officer or employee of the Office who is appointed
to that position by the President, by and with the ad-
vice and consent of the Senate, may not participate
in Federal election campaign activities, except that
such official is not prohibited by this paragraph from
making contributions to individual candidates.
(b) RESPONSIBILITIES.—The Director shall—
240
HR 4104 PP
(1) assist the President in the establishment of
policies, goals, objectives, and priorities for the Na-
tional Drug Control Program;
(2) promulgate the National Drug Control Strat-
egy and each report under section 806(b) in accord-
ance with section 806;
(3) coordinate and oversee the implementation
by the National Drug Control Program agencies of
the policies, goals, objectives, and priorities estab-
lished under paragraph (1) and the fulfillment of the
responsibilities of such agencies under the National
Drug Control Strategy;
(4) make such recommendations to the President
as the Director determines are appropriate regarding
changes in the organization, management, and budg-
ets of Federal departments and agencies engaged in
drug enforcement, and changes in the allocation of
personnel to and within those departments and agen-
cies, to implement the policies, goals, priorities, and
objectives established under paragraph (1) and the
National Drug Control Strategy;
(5) consult with and assist State and local gov-
ernments with respect to the formulation and imple-
mentation of National Drug Control Policy and their
241
HR 4104 PP
relations with the National Drug Control Program
agencies;
(6) appear before duly constituted committees
and subcommittees of the House of Representatives
and of the Senate to represent the drug policies of the
executive branch;
(7) notify any National Drug Control Program
agency if its policies are not in compliance with the
responsibilities of the agency under the National Drug
Control Strategy, transmit a copy of each such notifi-
cation to the President, and maintain a copy of each
such notification;
(8) provide, by July 1 of each year, budget rec-
ommendations, including requests for specific initia-
tives that are consistent with the priorities of the
President under the National Drug Control Strategy,
to the heads of departments and agencies with respon-
sibilities under the National Drug Control Program,
which recommendations shall—
(A) apply to next budget year scheduled for
formulation under the Budget and Accounting
Act of 1921, and each of the 4 subsequent fiscal
years; and
(B) address funding priorities developed in
the National Drug Control Strategy;
242
HR 4104 PP
(9) serve as the representative of the President in
appearing before Congress on all issues relating to the
National Drug Control Program;
(10) in any matter affecting national security
interests, work in conjunction with the Assistant to
the President for National Security Affairs; and
(11) serve as primary spokesperson of the Ad-
ministration on drug issues.
(c) NATIONAL DRUG CONTROL PROGRAM BUDGET.—
(1) RESPONSIBILITIES OF NATIONAL DRUG CON-
TROL PROGRAM AGENCIES.—
(A) IN GENERAL.—For each fiscal year, the
head of each department, agency, or program of
the Federal Government with responsibilities
under the National Drug Control Program
Strategy shall transmit to the Director a copy of
the proposed drug control budget request of the
department, agency, or program at the same
time as that budget request is submitted to their
superiors (and before submission to the Office of
Management and Budget) in the preparation of
the budget of the President submitted to Congress
under section 1105(a) of title 31, United States
Code.
243
HR 4104 PP
(B) SUBMISSION OF DRUG CONTROL BUDG-
ET REQUESTS.—The head of each National Drug
Control Program agency shall ensure timely de-
velopment and submission to the Director of each
proposed drug control budget request transmitted
pursuant to this paragraph, in such format as
may be designated by the Director with the con-
currence of the Director of the Office of Manage-
ment and Budget.
(2) NATIONAL DRUG CONTROL PROGRAM BUDGET
PROPOSAL.—For each fiscal year, following the trans-
mission of proposed drug control budget requests to
the Director under paragraph (1), the Director shall,
in consultation with the head of each National Drug
Control Program agency—
(A) develop a consolidated National Drug
Control Program budget proposal designed to
implement the National Drug Control Strategy;
(B) submit the consolidated budget proposal
to the President; and
(C) after submission under subparagraph
(B), submit the consolidated budget proposal to
Congress.
244
HR 4104 PP
(3) REVIEW AND CERTIFICATION OF BUDGET RE-
QUESTS
AND
BUDGET
SUBMISSIONS
OF
NATIONAL
DRUG CONTROL PROGRAM AGENCIES.—
(A) IN GENERAL.—The Director shall re-
view each drug control budget request submitted
to the Director under paragraph (1).
(B) REVIEW OF BUDGET REQUESTS.—
(i) INADEQUATE
REQUESTS.—If the
Director concludes that a budget request
submitted under paragraph (1) is inad-
equate, in whole or in part, to implement
the objectives of the National Drug Control
Strategy with respect to the department,
agency, or program at issue for the year for
which the request is submitted, the Director
shall submit to the head of the applicable
National Drug Control Program agency a
written description of funding levels and
specific initiatives that would, in the deter-
mination of the Director, make the request
adequate to implement those objectives.
(ii) ADEQUATE REQUESTS.—If the Di-
rector concludes that a budget request sub-
mitted under paragraph (1) is adequate to
implement the objectives of the National
245
HR 4104 PP
Drug Control Strategy with respect to the
department, agency, or program at issue for
the year for which the request is submitted,
the Director shall submit to the head of the
applicable National Drug Control Program
agency a written statement confirming the
adequacy of the request.
(iii) RECORD.—The Director shall
maintain a record of each description sub-
mitted under clause (i) and each statement
submitted under clause (ii).
(C) AGENCY RESPONSE.—
(i) IN GENERAL.—The head of a Na-
tional Drug Control Program agency that
receives a description under subparagraph
(B)(i) shall include the funding levels and
initiatives described by the Director in the
budget submission for that agency to the Of-
fice of Management and Budget.
(ii) IMPACT STATEMENT.—The head of
a National Drug Control Program agency
that has altered its budget submission under
this subparagraph shall include as an ap-
pendix to the budget submission for that
agency to the Office of Management and
246
HR 4104 PP
Budget an impact statement that summa-
rizes—
(I) the changes made to the budget
under this subparagraph; and
(II) the impact of those changes
on the ability of that agency to per-
form its other responsibilities, includ-
ing any impact on specific missions or
programs of the agency.
(iii) CONGRESSIONAL NOTIFICATION.—
The head of a National Drug Control Pro-
gram agency shall submit a copy of any
impact statement under clause (ii) to the
Senate and the House of Representatives at
the time the budget for that agency is sub-
mitted to Congress under section 1105(a) of
title 31, United States Code.
(D) CERTIFICATION
OF
BUDGET
SUBMIS-
SIONS.—
(i) IN GENERAL.—At the time a Na-
tional Drug Control Program agency sub-
mits its budget request to the Office of Man-
agement and Budget, the head of the Na-
tional Drug Control Program agency shall
247
HR 4104 PP
submit a copy of the budget request to the
Director.
(ii) CERTIFICATION.—The Director—
(I) shall review each budget sub-
mission submitted under clause (i);
and
(II) based on the review under
subclause (I), if the Director concludes
that the budget submission of a Na-
tional Drug Control Program agency
does not include the funding levels and
initiatives described under subpara-
graph (B)—
(aa) may issue a written de-
certification 
of 
that 
agency’s
budget; and
(bb) in the case of a decerti-
fication issued under item (aa),
shall submit to the Senate and the
House of Representatives a copy
of the—
(aaa) 
decertification
issued under item (aa);
248
HR 4104 PP
(bbb) 
the 
description
made under subparagraph
(B); and
(ccc) the budget rec-
ommendations made under
subsection (b)(8).
(4) 
REPROGRAMMING
AND
TRANSFER
RE-
QUESTS.—
(A) IN GENERAL.—No National Drug Con-
trol Program agency shall submit to Congress a
reprogramming or transfer request with respect
to any amount of appropriated funds in an
amount exceeding $5,000,000 that is included in
the National Drug Control Program budget un-
less the request has been approved by the Direc-
tor.
(B) APPEAL.—The head of any National
Drug Control Program agency may appeal to the
President any disapproval by the Director of a
reprogramming or transfer request under this
paragraph.
(d) POWERS OF THE DIRECTOR.—In carrying out sub-
section (b), the Director may—
(1) select, appoint, employ, and fix compensation
of such officers and employees of the Office as may be
249
HR 4104 PP
necessary to carry out the functions of the Office
under this title;
(2) subject to subsection (e)(3), request the head
of a department or agency, or program of the Federal
Government to place department, agency, or program
personnel who are engaged in drug control activities
on temporary detail to another department, agency,
or program in order to implement the National Drug
Control Strategy, and the head of the department or
agency shall comply with such a request;
(3) use for administrative purposes, on a reim-
bursable basis, the available services, equipment, per-
sonnel, and facilities of Federal, State, and local
agencies;
(4) procure the services of experts and consult-
ants in accordance with section 3109 of title 5,
United States Code, relating to appointments in the
Federal Service, at rates of compensation for individ-
uals not to exceed the daily equivalent of the rate of
pay payable under level IV of the Executive Schedule
under section 5311 of title 5, United States Code;
(5) accept and use gifts and donations of prop-
erty from Federal, State, and local government agen-
cies, and from the private sector, as authorized in sec-
tion 803(d);
250
HR 4104 PP
(6) use the mails in the same manner as any
other department or agency of the executive branch;
(7) monitor implementation of the National
Drug Control Program, including—
(A) conducting program and performance
audits and evaluations;
(B) requesting assistance from the Inspector
General of the relevant agency in such audits
and evaluations; and
(C) commissioning studies and reports by a
National Drug Control Program agency, with
the concurrence of the head of the affected agen-
cy;
(8) transfer funds made available to a National
Drug Control Program agency for National Drug
Control Strategy programs and activities to another
account within such agency or to another National
Drug Control Program agency for National Drug
Control Strategy programs and activities, except
that—
(A) the authority under this paragraph
may be limited in an annual appropriations Act
or other provision of Federal law;
251
HR 4104 PP
(B) the Director may exercise the authority
under this paragraph only with the concurrence
of the head of each affected agency;
(C) in the case of an interagency transfer,
the total amount of transfers under this para-
graph may not exceed 2 percent of the total
amount of funds made available for National
Drug Control Strategy programs and activities
to the agency from which those funds are to be
transferred;
(D) funds transferred to an agency under
this paragraph may only be used to increase the
funding for programs or activities that—
(i) have a higher priority than the pro-
grams or activities from which funds are
transferred; and
(ii) have been authorized by Congress;
and
(E) the Director shall—
(i) submit to Congress, including to the
Committees on Appropriations of the Senate
and the House of Representatives and other
applicable committees of jurisdiction, a re-
programming or transfer request in advance
of any transfer under this paragraph in ac-
253
HR 4104 PP
(A) BONUS
PAYMENTS.—Notwithstanding
any other provision of law, the Director may
provide periodic bonus payments to any em-
ployee detailed to the Office.
(B) 
RESTRICTIONS.—An 
amount 
paid
under this paragraph to an employee for any pe-
riod—
(i) shall not be greater than 20 percent
of the basic pay paid or payable to such
employee for such period; and
(ii) shall be in addition to the basic
pay of such employee.
(C) AGGREGATE
AMOUNT.—The aggregate
amount paid during any fiscal year to an em-
ployee detailed to the Office as basic pay,
awards, bonuses, and other compensation shall
not exceed the annual rate payable at the end of
such fiscal year for positions at level III of the
Executive Schedule.
(3) MAXIMUM
NUMBER
OF
DETAILEES.—The
maximum number of personnel who may be detailed
to another department or agency (including the Of-
fice) under subsection (d)(2) during any fiscal year
is—
(A) for the Department of Defense, 50; and
254
HR 4104 PP
(B) for any other department or agency, 10.
SEC. 805. COORDINATION WITH NATIONAL DRUG CON-
TROL PROGRAM AGENCIES IN DEMAND REDUCTION, SUP-
PLY REDUCTION, AND STATE AND LOCAL AFFAIRS. (a) AC-
CESS TO INFORMATION.—
(1) IN GENERAL.—Upon the request of the Direc-
tor, the head of any National Drug Control Program
agency shall cooperate with and provide to the Direc-
tor any statistics, studies, reports, and other informa-
tion prepared or collected by the agency concerning
the responsibilities of the agency under the National
Drug Control Strategy that relate to—
(A) drug abuse control; or
(B) the manner in which amounts made
available to that agency for drug control are
being used by that agency.
(2) PROTECTION
OF
INTELLIGENCE
INFORMA-
TION.—
(A) IN GENERAL.—The authorities conferred
on the Office and the Director by this title shall
be exercised in a manner consistent with provi-
sions of the National Security Act of 1947 (50
U.S.C. 401 et seq.). The Director of Central In-
telligence shall prescribe such regulations as may
be necessary to protect information provided
255
HR 4104 PP
pursuant to this title regarding intelligence
sources and methods.
(B) DUTIES OF DIRECTOR.—The Director of
Central Intelligence shall, to the maximum ex-
tent practicable in accordance with subpara-
graph (A), render full assistance and support to
the Office and the Director.
(3) ILLEGAL DRUG CULTIVATION.—The Secretary
of Agriculture shall annually submit to the Director
an assessment of the acreage of illegal drug cultiva-
tion in the United States.
(b) CERTIFICATION OF POLICY CHANGES TO DIREC-
TOR.—
(1) IN GENERAL.—Subject to paragraph (2), the
head of a National Drug Control Program agency
shall, unless exigent circumstances require otherwise,
notify the Director in writing regarding any proposed
change in policies relating to the activities of that
agency under the National Drug Control Program
prior to implementation of such change. The Director
shall promptly review such proposed change and cer-
tify to the head of that agency in writing whether
such change is consistent with the National Drug
Control Strategy.
256
HR 4104 PP
(2) EXCEPTION.—If prior notice of a proposed
change under paragraph (1) is not practicable—
(A) the head of the National Drug Control
Program agency shall notify the Director of the
proposed change as soon as practicable; and
(B) upon such notification, the Director
shall review the change and certify to the head
of that agency in writing whether the change is
consistent with the National Drug Control Pro-
gram.
(c) GENERAL SERVICES ADMINISTRATION.—The Ad-
ministrator of General Services shall provide to the Direc-
tor, in a reimbursable basis, such administrative support
services as the Director may request.
SEC. 806. DEVELOPMENT, SUBMISSION, IMPLEMENTA-
TION, AND ASSESSMENT
OF NATIONAL DRUG CONTROL
STRATEGY. (a) TIMING, CONTENTS, AND PROCESS FOR DE-
VELOPMENT AND SUBMISSION OF NATIONAL DRUG CON-
TROL STRATEGY.—
(1) TIMING.—Not later than February 1, 1998,
the President shall submit to Congress a National
Drug Control Strategy, which shall set forth a com-
prehensive plan, covering a period of not more than
10 years, for reducing drug abuse and the con-
sequences of drug abuse in the United States, by lim-
257
HR 4104 PP
iting the availability of and reducing the demand for
illegal drugs.
(2) CONTENTS.—
(A) IN GENERAL.—The National Drug Con-
trol Strategy submitted under paragraph (1)
shall include—
(i) comprehensive, research-based, long-
range, quantifiable, goals for reducing drug
abuse and the consequences of drug abuse in
the United States;
(ii) annual, quantifiable, and measur-
able objectives to accomplish long-term
quantifiable goals that the Director deter-
mines may be realistically achieved during
each year of the period beginning on the
date on which the National Drug Control
Strategy is submitted;
(iii) 5-year projections for program
and budget priorities; and
(iv) a review of State, local, and pri-
vate sector drug control activities to ensure
that the United States pursues well-coordi-
nated and effective drug control at all levels
of government.
258
HR 4104 PP
(B) CLASSIFIED INFORMATION.—Any con-
tents of the National Drug Control Strategy that
involves information properly classified under
criteria established by an Executive order shall
be presented to Congress separately from the rest
of the National Drug Control Strategy.
(3) PROCESS FOR DEVELOPMENT AND SUBMIS-
SION.—
(A) CONSULTATION.—In developing and ef-
fectively implementing the National Drug Con-
trol Strategy, the Director—
(i) shall consult with—
(I) the heads of the National Drug
Control Program agencies;
(II) Congress;
(III) State and local officials;
(IV) private citizens and organi-
zations with experience and expertise
in demand reduction; and
(V) private citizens and organiza-
tions with experience and expertise in
supply reduction; and
(ii) may require the National Drug In-
telligence Center and the El Paso Intel-
ligence Center to undertake specific tasks or
259
HR 4104 PP
projects to implement the National Drug
Control Strategy.
(B) INCLUSION
IN
STRATEGY.—The Na-
tional Drug Control Strategy under this sub-
section, and each report submitted under sub-
section (b), shall include a list of each entity
consulted under subparagraph (A)(i).
(4) MODIFICATION
AND
RESUBMITTAL.—Not-
withstanding any other provision of law, the Presi-
dent may modify a National Drug Control Strategy
submitted under paragraph (1) at any time.
(b) ANNUAL STRATEGY REPORT.—
(1) IN GENERAL.—Not later than February 1,
1999, and on February 1 of each year thereafter, the
President shall submit to Congress a report on the
progress in implementing the Strategy under sub-
section (a), which shall include—
(A) an assessment of the Federal effective-
ness in achieving the National Drug Control
Strategy goals and objectives using the perform-
ance measurement system described in subsection
(c), including—
(i) an assessment of drug use and
availability in the United States; and
260
HR 4104 PP
(ii) an estimate of the effectiveness of
interdiction, treatment, prevention, law en-
forcement, 
and 
international 
programs
under the National Drug Control Strategy
in effect during the preceding year, or in ef-
fect as of the date on which the report is
submitted;
(B) any modifications of the National Drug
Control Strategy or the performance measure-
ment system described in subsection (c);
(C) an assessment of the manner in which
the budget proposal submitted under section
804(c) is intended to implement the National
Drug Control Strategy and whether the funding
levels contained in such proposal are sufficient to
implement such Strategy;
(D) beginning on February 1, 1999, and
annually thereafter, measurable data evaluating
the success or failure in achieving the annual
measurable objectives described in subsection
(a)(2)(A)(ii);
(E) an assessment of current drug use (in-
cluding inhalants) and availability, impact of
drug use, and treatment availability, which as-
sessment shall include—
262
HR 4104 PP
(IV) the number of metric tons of
marijuana, heroin, and cocaine seized;
(V) the number of cocaine and
methamphetamine processing labora-
tories destroyed;
(VI) changes in the price and pu-
rity of heroin and cocaine;
(VII) the amount and type of con-
trolled substances diverted from legiti-
mate retail and wholesale sources; and
(VIII) the effectiveness of Federal
technology programs at improving
drug detection capabilities in interdic-
tion, and at United States ports of
entry;
(iii) an assessment of the reduction of
the consequences of drug use and availabil-
ity, which shall include estimation of—
(I) the burden drug users placed
on hospital emergency departments 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 in-
263
HR 4104 PP
fected 
with 
the 
human 
immuno-
deficiency virus and other infectious
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;
(iv) a determination of the status of
drug treatment in the United States, by as-
sessing—
(I) public and private treatment
capacity within each State, including
information on the treatment capacity
available in relation to the capacity
actually used;
(II) the extent, within each State,
to which treatment is available;
(III) the number of drug users the
Director estimates could benefit from
treatment; and
(IV) the specific factors that re-
strict the availability of treatment
services to those seeking it and pro-
264
HR 4104 PP
posed administrative or legislative
remedies to make treatment available
to those individuals; and
(v) a review of the research agenda of
the Counter-Drug Technology Assessment
Center to reduce the availability and abuse
of drugs; and
(F) an assessment of private sector initia-
tives and cooperative efforts between the Federal
Government and State and local governments for
drug control.
(2) SUBMISSION
OF
REVISED
STRATEGY.—The
President may submit to Congress a revised National
Drug Control Strategy that meets the requirements of
this section—
(A) at any time, upon a determination by
the President, in consultation with the Director,
that the National Drug Control Strategy in effect
is not sufficiently effective; and
(B) if a new President or Director takes of-
fice.
(c) PERFORMANCE MEASUREMENT SYSTEM.—
(1) IN GENERAL.—Not later than February 1,
1998, the Director shall submit to Congress a descrip-
tion of the national drug control performance meas-
265
HR 4104 PP
urement system, designed in consultation with af-
fected National Drug Control Program agencies,
that—
(A) develops performance objectives, meas-
ures, and targets for each National Drug Control
Strategy goal and objective;
(B) revises performance objectives, meas-
ures, and targets, to conform with National Drug
Control Program Agency budgets;
(C) identifies major programs and activities
of the National Drug Control Program agencies
that support the goals and objectives of the Na-
tional Drug Control Strategy;
(D) evaluates implementation of major pro-
gram activities supporting the National Drug
Control Strategy;
(E) monitors consistency between the drug-
related goals and objectives of the National Drug
Control Program agencies and ensures that drug
control agency goals and budgets support and
are fully consistent with the National Drug Con-
trol Strategy; and
(F) coordinates the development and imple-
mentation of national drug control data collec-
tion and reporting systems to support policy for-
266
HR 4104 PP
mulation and performance measurement, includ-
ing an assessment of—
(i) the quality of current drug use
measurement instruments and techniques to
measure supply reduction and demand re-
duction activities;
(ii) the adequacy of the coverage of ex-
isting national drug use measurement in-
struments and techniques to measure the
casual drug user population and groups
that are at risk for drug use; and
(iii) the actions the Director shall take
to correct any deficiencies and limitations
identified pursuant to subparagraphs (A)
and (B) of subsection (b)(4).
(2) MODIFICATIONS.—
(A) IN
GENERAL.—A description of any
modifications made during the preceding year to
the national drug control performance measure-
ment system described in paragraph (1) shall be
included in each report submitted under sub-
section (b).
(B) ANNUAL
PERFORMANCE
OBJECTIVES,
MEASURES, AND TARGETS.—Not later than Feb-
ruary 1, 1999, the Director shall submit to Con-
267
HR 4104 PP
gress a modified performance measurement sys-
tem that—
(i) develops annual performance objec-
tives, measures, and targets for each Na-
tional Drug Control Strategy goal and ob-
jective; and
(ii) revises the annual performance ob-
jectives, measures, and targets to conform
with the National Drug Control Program
agency budgets.
SEC. 807. HIGH
INTENSITY
DRUG
TRAFFICKING
AREAS PROGRAM. (a) ESTABLISHMENT.—There is estab-
lished in the Office a program to be known as the High
Intensity Drug Trafficking Areas Program.
(b) DESIGNATION.—The Director, upon consultation
with the Attorney General, the Secretary of the Treasury,
heads of the National Drug Control Program agencies, and
the Governor of each State, may designate any specified
area of the United States as a high intensity drug traffick-
ing area. After making such a designation and in order
to provide Federal assistance to the area so designated, the
Director may—
(1) obligate such sums as appropriated for the
High Intensity Drug Trafficking Areas Program;
268
HR 4104 PP
(2) direct the temporary reassignment of Federal
personnel to such area, subject to the approval of the
head of the department or agency that employs such
personnel;
(3) take any other action authorized under sec-
tion 804 to provide increased Federal assistance to
those areas;
(4) coordinate activities under this subsection
(specifically administrative, recordkeeping, and funds
management activities) with State and local officials.
(c) FACTORS FOR CONSIDERATION.—In considering
whether to designate an area under this section as a high
intensity drug trafficking area, the Director shall consider,
in addition to such other criteria as the Director considers
to be appropriate, the extent to which—
(1) the area is a center of illegal drug produc-
tion, manufacturing, importation, or distribution;
(2) State and local law enforcement agencies
have committed resources to respond to the drug traf-
ficking problem in the area, thereby indicating a de-
termination to respond aggressively to the problem;
(3) drug-related activities in the area are having
a harmful impact in other areas of the country; and
269
HR 4104 PP
(4) a significant increase in allocation of Fed-
eral resources is necessary to respond adequately to
drug-related activities in the area.
SEC. 808. COUNTER-DRUG TECHNOLOGY ASSESSMENT
CENTER. (a) ESTABLISHMENT.—There is established within
the Office the Counter-Drug Technology Assessment Center
(referred to in this section as the ‘‘Center’’). The Center
shall operate under the authority of the Director of National
Drug Control Policy and shall serve as the central counter-
drug technology research and development organization of
the United States Government.
(b) DIRECTOR OF TECHNOLOGY.—There shall be at the
head of the Center the Director of Technology, who shall
be appointed by the Director of National Drug Control Pol-
icy from among individuals qualified and distinguished in
the area of science, medicine, engineering, or technology.
(c) ADDITIONAL RESPONSIBILITIES OF THE DIRECTOR
OF NATIONAL DRUG CONTROL POLICY.—
(1) IN GENERAL.—The Director, acting through
the Director of Technology shall—
(A) 
identify 
and 
define 
the 
short-,
medium-, and long-term scientific and techno-
logical needs of Federal, State, and local drug
supply reduction agencies, including—
270
HR 4104 PP
(i) advanced surveillance, tracking,
and radar imaging;
(ii) electronic support measures;
(iii) communications;
(iv) data fusion, advanced computer
systems, and artificial intelligence; and
(v) chemical, biological, radiological
(including neutron, electron, and graviton),
and other means of detection;
(B) identify demand reduction basic and
applied research needs and initiatives, in con-
sultation with affected National Drug Control
Program agencies, including—
(i) 
improving 
treatment 
through
neuroscientific advances;
(ii) improving the transfer of bio-
medical research to the clinical setting; and
(iii) in consultation with the National
Institute on Drug Abuse, and through inter-
agency agreements or grants, examining ad-
diction and rehabilitation research and the
application of technology to expanding the
effectiveness or availability of drug treat-
ment;
271
HR 4104 PP
(C) make a priority ranking of such needs
identified in subparagraphs (A) and (B) accord-
ing to fiscal and technological feasibility, as part
of a National Counter-Drug Enforcement Re-
search and Development Program;
(D) oversee and coordinate counter-drug
technology initiatives with related activities of
other Federal civilian and military departments;
(E) provide support to the development and
implementation of the national drug control per-
formance measurement system; and
(F) pursuant to the authority of the Direc-
tor of National Drug Control Policy under sec-
tion 804, submit requests to Congress for the re-
programming or transfer of funds appropriated
for counter-drug technology research and develop-
ment.
(2) LIMITATION ON AUTHORITY.—The authority
granted to the Director under this subsection shall not
extend to the award of contracts, management of indi-
vidual projects, or other operational activities.
(d) ASSISTANCE AND SUPPORT TO OFFICE OF NA-
TIONAL DRUG CONTROL POLICY.—The Secretary of Defense
and the Secretary of Health and Human Services shall, to
the maximum extent practicable, render assistance and sup-
272
HR 4104 PP
port to the Office and to the Director in the conduct of
counter-drug technology assessment.
SEC. 809. PRESIDENT’S COUNCIL ON COUNTER-NAR-
COTICS. (a) ESTABLISHMENT.—There is established a coun-
cil to be known as the President’s Council on Counter-Nar-
cotics (referred to in this section as the ‘‘Council’’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—Subject to paragraph (2), the
Council shall be composed of 18 members, of whom—
(A) 1 shall be the President, who shall serve
as Chairman of the Council;
(B) 1 shall be the Vice President;
(C) 1 shall be the Secretary of State;
(D) 1 shall be the Secretary of the Treasury;
(E) 1 shall be the Secretary of Defense;
(F) 1 shall be the Attorney General;
(G) 1 shall be the Secretary of Transpor-
tation;
(H) 1 shall be the Secretary of Health and
Human Services;
(I) 1 shall be the Secretary of Education;
(J) 1 shall be the Representative of the
United States of America to the United Nations;
(K) 1 shall be the Director of the Office of
Management and Budget;
273
HR 4104 PP
(L) 1 shall be the Chief of Staff to the Presi-
dent;
(M) 1 shall be the Director of the Office,
who shall serve as the Executive Director of the
Council;
(N) 1 shall be the Director of Central Intel-
ligence;
(O) 1 shall be the Assistant to the President
for National Security Affairs;
(P) 1 shall be the Counsel to the President;
(Q) 1 shall be the Chairman of the Joint
Chiefs of Staff; and
(R) 1 shall be the National Security Adviser
to the Vice President.
(2) ADDITIONAL MEMBERS.—The President may,
in the discretion of the President, appoint additional
members to the Council.
(c) FUNCTIONS.—The Council shall advise and assist
the President in—
(1) providing direction and oversight for the na-
tional drug control strategy, including relating drug
control policy to other national security interests and
establishing priorities; and
(2) ensuring coordination among departments
and agencies of the Federal Government concerning
274
HR 4104 PP
implementation of the National Drug Control Strat-
egy.
(d) ADMINISTRATION.—
(1) IN GENERAL.—The Council may utilize es-
tablished or ad hoc committees, task forces, or inter-
agency groups chaired by the Director (or a represent-
ative of the Director) in carrying out the functions of
the Council under this section.
(2) STAFF.—The staff of the Office, in coordina-
tion with the staffs of the Vice President and the As-
sistant to the President for National Security Affairs,
shall act as staff for the Council.
(3) COOPERATION
FROM
OTHER
AGENCIES.—
Each department and agency of the executive branch
shall—
(A) cooperate with the Council in carrying
out the functions of the Council under this sec-
tion; and
(B) provide such assistance, information,
and advice as the Council may request, to the ex-
tent permitted by law.
SEC. 810. PARENTS ADVISORY COUNCIL ON YOUTH
DRUG ABUSE. (a) IN GENERAL.—
(1) ESTABLISHMENT.—There is established a
Council to be known as the Parents Advisory Council
275
HR 4104 PP
on Youth Drug Abuse (referred to in this section as
the ‘‘Council’’).
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Council shall be
composed of 16 members, of whom—
(i) 4 shall be appointed by the Presi-
dent, each of whom shall be a parent or
guardian of a child who is not less than 6
and not more than 18 years of age as of the
date on which the appointment is made;
(ii) 4 shall be appointed by the Major-
ity Leader of the Senate, 3 of whom shall
be a parent or guardian of a child who is
not less than 6 and not more than 18 years
of age as of the date on which the appoint-
ment is made;
(iii) 2 shall be appointed by the Mi-
nority Leader of the Senate, each of whom
shall be a parent or guardian of a child
who is not less than 6 and not more than
18 years of age as of the date on which the
appointment is made;
(iv) 4 shall be appointed by the Speak-
er of the House of Representatives, 3 of
whom shall be a parent or guardian of a
276
HR 4104 PP
child who is not less than 6 and not more
than 18 years of age as of the date on which
the appointment is made; and
(v) 2 shall be appointed by the Minor-
ity Leader of the House of Representatives,
each of whom shall be a parent or guardian
of a child who is not less than 6 and not
more than 18 years of age as of the date on
which the appointment is made.
(B) REQUIREMENTS.—
(i) IN GENERAL.—Each member of the
Council shall be an individual from the pri-
vate sector with a demonstrated interest and
expertise in research, education, treatment,
or prevention activities related to youth
drug abuse.
(ii) REPRESENTATIVES OF NONPROFIT
ORGANIZATIONS.—Not less than 1 member
appointed under each of clauses (i) through
(v) of paragraph (1)(A) shall be a rep-
resentative of a nonprofit organization fo-
cused on involving parents in antidrug edu-
cation and prevention.
(C) DATE.—The appointments of the initial
members of the Council shall be made not later
277
HR 4104 PP
than 60 days after the date of enactment of this
section.
(D) DIRECTOR.—The Director may, in the
discretion of the Director, serve as an adviser to
the Council and attend such meetings and hear-
ings of the Council as the Director considers to
be appropriate.
(3) PERIOD OF APPOINTMENT; VACANCIES.—
(A) PERIOD OF APPOINTMENT.—Each mem-
ber of the Council shall be appointed for a term
of 3 years, except that, of the initial members of
the Council—
(i) 1 member appointed under each of
clauses (i) through (v) of paragraph (1)(A)
shall be appointed for a term of 1 year; and
(ii) 1 member appointed under each of
clauses (i) through (v) of paragraph (1)(A)
shall be appointed for a term of 2 years.
(B) VACANCIES.—Any vacancy in the
Council shall not affect its powers, provided that
a quorum is present, but shall be filled in the
same manner as the original appointment. Any
member appointed to fill a vacancy occurring be-
fore the expiration of the term for which the
278
HR 4104 PP
member’s predecessor was appointed shall be ap-
pointed only for the remainder of that term.
(C) APPOINTMENT OF SUCCESSOR.—To the
extent necessary to prevent a vacancy in the
membership of the Council, a member of the
Council may serve for not more than 6 months
after the expiration of the term of that member,
if the successor of that member has not been ap-
pointed.
(4) INITIAL MEETING.—Not later than 120 days
after the date on which all initial members of the
Council have been appointed, the Council shall hold
its first meeting.
(5) MEETINGS.—The Council shall meet at the
call of the Chairperson.
(6) QUORUM.—Nine members of the Council
shall constitute a quorum, but a lesser number of
members may hold hearings.
(7) CHAIRPERSON AND VICE CHAIRPERSON.—
(A) IN
GENERAL.—The members of the
Council shall select a Chairperson and Vice
Chairperson from among the members of the
Council.
(B) DUTIES OF CHAIRPERSON.—The Chair-
person of the Council shall—
279
HR 4104 PP
(i) serve as the executive director of the
Council;
(ii) direct the administration of the
Council;
(iii) assign officer and committee du-
ties relating to the Council; and
(iv) issue the reports, policy positions,
and statements of the Council.
(C) DUTIES OF VICE CHAIRPERSON.—If the
Chairperson of the Council is unable to serve, the
Vice Chairperson shall serve as the Chairperson.
(b) DUTIES OF THE COUNCIL.—
(1) IN GENERAL.—The Council—
(A) shall advise the President and the Mem-
bers of the Cabinet, including the Director, on
drug prevention, education, and treatment; and
(B) may issue reports and recommendations
on drug prevention, education, and treatment, in
addition to the annual report detailed in para-
graph (2), as the Council considers appropriate.
(2) SUBMISSION TO CONGRESS.—Any report or
recommendation issued by the Council shall be sub-
mitted to Congress.
(3) ADVICE ON THE NATIONAL DRUG CONTROL
STRATEGY.—Not later than December 1, 1998, and on
280
HR 4104 PP
December 1 of each year thereafter, the Council shall
submit to the Director an annual report containing
drug control strategy recommendations on drug pre-
vention, education, and treatment. Each report sub-
mitted to the Director under this paragraph shall be
included as an appendix to the report submitted by
the Director under section 806(b).
(c) POWERS OF THE COUNCIL.—
(1) HEARINGS.—The Council may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the
Council considers advisable to carry out this section.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Council may secure directly from any depart-
ment or agency of the Federal Government such infor-
mation as the Council considers to be necessary to
carry out this section. Upon request of the Chair-
person of the Council, the head of that department or
agency shall furnish such information to the Council,
unless the head of that department or agency deter-
mines that furnishing the information to the Council
would threaten the national security of the United
States, the health, safety, or privacy of any individ-
ual, or the integrity of an ongoing investigation.
281
HR 4104 PP
(3) POSTAL SERVICES.—The Council may use
the United States mails in the same manner and
under the same conditions as other departments and
agencies of the Federal Government.
(4) GIFTS.—The Council may solicit, accept, use,
and dispose of gifts or donations of services or prop-
erty in connection with performing the duties of the
Council under this section.
(d) EXPENSES.—The members of the Council shall be
allowed travel expenses, including per diem in lieu of sub-
sistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business
in the performance of services for the Council.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Council such sums as
may be necessary carry out this section.
SEC. 811. DRUG INTERDICTION. (a) DEFINITION.—In
this section, the term ‘‘Federal drug control agency’’
means—
(1) the Office of National Drug Control Policy;
(2) the Department of Defense;
(3) the Drug Enforcement Administration;
(4) the Federal Bureau of Investigation;
(5) the Immigration and Naturalization Service;
282
HR 4104 PP
(6) the United States Coast Guard;
(7) the United States Customs Service; and
(8) any other department or agency of the Fed-
eral Government that the Director determines to be
relevant.
(b) REPORT.—In order to assist Congress in determin-
ing the personnel, equipment, funding, and other resources
that would be required by Federal drug control agencies in
order to achieve a level of interdiction success at or above
the highest level achieved before the date of enactment of
this title, not later than 90 days after the date of enactment
of this Act, the Director shall submit to Congress and to
each Federal drug control program agency a report, which
shall include—
(1) with respect to the southern and western bor-
der regions of the United States (including the Pacific
coast, the border with Mexico, the Gulf of Mexico
coast, and other ports of entry) and in overall totals,
data relating to—
(A) the amount of marijuana, heroin, meth-
amphetamine, and cocaine—
(i) seized during the year of highest re-
corded seizures for each drug in each region
and during the year of highest recorded
overall seizures; and
283
HR 4104 PP
(ii) disrupted during the year of high-
est recorded disruptions for each drug in
each region and during the year of highest
recorded overall seizures; and
(B) the number of persons arrested for vio-
lations of section 1010(a) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
960(a)) and related offenses during the year of
the highest number of arrests on record for each
region and during the year of highest recorded
overall arrests;
(2) the price of cocaine, heroin, methamphet-
amine, and marijuana during the year of highest
price on record during the preceding 10-year period,
adjusted for purity where possible; and
(3) a description of the personnel, equipment,
funding, and other resources of the Federal drug con-
trol agency devoted to drug interdiction and securing
the borders of the United States against drug traffick-
ing for each of the years identified in paragraphs (1)
and (2) for each Federal drug control agency.
(b) BUDGET PROCESS.—
(1) INFORMATION TO DIRECTOR.—Based on the
report submitted under subsection (b), each Federal
drug control agency shall submit to the Director, as
284
HR 4104 PP
part of each annual drug control budget request sub-
mitted by the Federal drug control agency to the Di-
rector under section 804(c)(2), a description of the
specific personnel, equipment, funding, and other re-
sources that would be required for the Federal drug
control agency to meet or exceed the highest level of
interdiction success for that agency identified in the
report submitted under subsection (b).
(2) INFORMATION TO CONGRESS.—The Director
shall include each submission under paragraph (1) in
each annual consolidated National Drug Control Pro-
gram budget proposal submitted by the Director to
Congress under section 804(c), which submission shall
be accompanied by a description of any additional
resources that would be required by the Federal drug
control agencies to meet the highest level of interdic-
tion success identified in the report submitted under
subsection (b).
SEC. 812. REPORT ON AN ALLIANCE AGAINST NARCOT-
ICS TRAFFICKING
IN
THE WESTERN HEMISPHERE. (a)
SENSE OF CONGRESS ON DISCUSSIONS FOR ALLIANCE.—
(1) SENSE
OF
CONGRESS.—It is the sense of
Congress that the President should discuss with the
democratically elected governments of the Western
Hemisphere the prospect of forming a multilateral al-