Calendar No. 273
105TH CONGRESS
1ST SESSION
H. R. 2610
AN ACT
To amend the National Narcotics Leadership Act
of 1988 to extend the authorization for the Of-
fice of National Drug Control Policy until Sep-
tember 30, 1999, to expand the responsibilities
and powers of the Director of the Office of Na-
tional Drug Control Policy, and for other pur-
poses.
NOVEMBER 6, 1997
Reported with an amendment
II
Calendar No. 273
105TH CONGRESS
1ST SESSION
H. R. 2610
IN THE SENATE OF THE UNITED STATES
OCTOBER 22, 1997
Received; read twice and referred to the Committee on the Judiciary
NOVEMBER 6, 1997
Reported by Mr. HATCH, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To amend the National Narcotics Leadership Act of 1988
to extend the authorization for the Office of National
Drug Control Policy until September 30, 1999, 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 Representa-
tives 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
‘‘National Narcotics Leadership Act Amendments of
1997’’.
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(b) AMENDMENT REFERENCES.—Except as other-
wise expressly provided, whenever in this Act an amend-
ment 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 provi-
sion of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1501 et seq.).
SEC. 2. DEPUTY DIRECTORS.
(a)
ESTABLISHMENT.—Section
1002
(21
U.S.C.
1501) is amended—
(1) in subsection (b)—
(A) by amending paragraph (2) to read as
follows:
‘‘(2) There shall be in the Office of National Drug
Control Policy a Deputy Director of the Office of National
Drug Control Policy, a Deputy Director for Demand Re-
duction, a Deputy Director for Supply Reduction, a Dep-
uty Director for State and Local Affairs, and a Deputy
Director of Intelligence.’’; and
(B) by amending paragraph (3) to read as
follows:
‘‘(3) The Deputy Director of the Office of National
Drug Control Policy, the Deputy Director for Demand Re-
duction, the Deputy Director for Supply Reduction, the
Deputy Director for State and Local Affairs, and the Dep-
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uty Director of Intelligence shall assist the Director in car-
rying out the responsibilities of the Director under this
Act.’’; and
(2) by amending subsection (c)(2) to read as
follows:
‘‘(2) The Deputy Director for State and Local Affairs
shall be the head of the Bureau of State and Local Af-
fairs.’’.
(b) APPOINTMENT.—
(1) IN GENERAL.—Section 1003(a) (21 U.S.C.
1502(a)) is amended—
(A) in each of paragraphs (1) and (2), by
inserting ‘‘the Deputy Director of the Office of
National Drug Control Policy,’ after ‘‘The Di-
rector,’’;
(B) in each of paragraphs (1) and (2), by
striking ‘‘and the Associate Director for Na-
tional Drug Control Policy’’ and inserting ‘‘the
Deputy Director for State and Local Affairs,
and the Deputy Director of Intelligence’’; and
(C) in paragraph (2), by striking ‘‘, a Dep-
uty Director, or Associate Director’’ and insert-
ing ‘‘or as a Deputy Director’’.
(2) DEADLINE FOR NOMINATION.—The Presi-
dent shall submit to the Senate nominations of indi-
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viduals for appointment as the Deputy Director of
the Office of National Drug Control Policy, the Dep-
uty Director for Demand Reduction, the Deputy Di-
rector for Supply Reduction, the Deputy Director for
State and Local Affairs, and the Deputy Director of
Intelligence of the Office of National Drug Control
Policy by not later than 90 days after the date of
the enactment of this Act.
(3) CONTINUED SERVICE OF ASSOCIATE DIREC-
TOR.—The individual serving on the date of the en-
actment of this Act as Associate Director for Na-
tional Drug Control Policy may act as the Deputy
Director for State and Local Affairs until such time
as an individual is appointed to that position in ac-
cordance with the amendments made by this Act.
(4) CLERICAL
AMENDMENT.—The heading of
section 1003 (21 U.S.C. 1502) is amended to read
as follows:
‘‘SEC. 1003. APPOINTMENT AND DUTIES OF DIRECTOR AND
DEPUTY DIRECTORS.’’.
(c) COMPENSATION.—
(1) IN GENERAL.—Chapter 53 of title 5, United
States Code, is amended—
(A) in section 5314, by inserting after the
item relating to the Deputy Director for Supply
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Reduction, Office of National Drug Control
Policy, the following:
‘‘Deputy Director for State and Local Affairs,
Office of National Drug Control Policy.
‘‘Deputy Director of Intelligence, Office of Na-
tional Drug Control Policy.’’;
(B) in section 5313, by adding at the end
the following:
‘‘Deputy Director of the Office of National
Drug Control Policy.’’; and
(C) in section 5315, by striking the item
relating to the Associate Director for National
Drug Control Policy, Office of National Drug
Control Policy.
(2) CLERICAL AMENDMENT.—Section 1003(a)
(21 U.S.C. 1502(a)) is amended by striking para-
graph (4)(C).
SEC. 3. EXPANSION OF RESPONSIBILITIES OF DIRECTOR.
(a)
EXPANSION
OF
RESPONSIBILITIES.—Section
1003(b) (21 U.S.C. 1502(b)) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) establish Federal policies, objectives, goals,
priorities, and performance measures (including spe-
cific annual agency targets expressed in terms of
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precise percentages) for the National Drug Control
Program and for each National Drug Control Pro-
gram agency, which include targets for the following:
‘‘(A) reduction of unlawful drug use to 3
percent of the population of the United States
or less by December 31, 2001 (as measured in
terms of overall illicit drug use during the past
30 days by the National Household Survey),
and achievement of at least 25 percent of such
reduction during each of 1998, 1999, 2000, and
2001;
‘‘(B) reduction of adolescent unlawful drug
use (as measured in terms of illicit drug use
during the past 30 days by the Monitoring the
Future Survey of the University of Michigan or
the National PRIDE Survey conducted by the
National Parents’ Resource Institute for Drug
Education) to 3 percent of the adolescent popu-
lation of the United States or less by December
31, 2001, and achievement of at least 25 per-
cent of such reduction during each of 1998,
1999, 2000, and 2001;
‘‘(C) reduction of the availability of co-
caine,
heroin,
marijuana,
and
methamphet-
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amine in the United States by 80 percent by
December 31, 2001;
‘‘(D) reduction of the respective nationwide
average street purity levels for cocaine, heroin,
marijuana,
and
methamphetamine
(as
esti-
mated by the interagency drug flows assessment
led by the Office of National Drug Control Pol-
icy, and based on statistics collected by the
Drug Enforcement Administration and other
National Drug Control Program agencies iden-
tified as relevant by the Director) by 60 percent
by December 31, 2001, and achievement of at
least 25 percent of each such reduction during
each of 1998, 1999, 2000, and 2001;
‘‘(E) reduction of drug-related crime in the
United States by 50 percent by December 31,
2001, and achievement of at least 25 percent of
such reduction during each of 1998, 1999,
2000, and 2001, including—
‘‘(i) reduction of State and Federal
unlawful drug trafficking and distribution;
‘‘(ii) reduction of State and Federal
crimes committed by persons under the in-
fluence of unlawful drugs; and
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‘‘(iii) reduction of State and Federal
crimes committed for the purpose of ob-
taining unlawful drugs or obtaining prop-
erty that is intended to be used for the
purchase of unlawful drugs; and
‘‘(F) reduction of drug-related emergency
room incidents in the United States (as meas-
ured by data of the Drug Abuse Warning Net-
work on illicit drug abuse), including incidents
involving gunshot wounds and automobile acci-
dents in which illicit drugs are identified in the
bloodstream of the victim, by 50 percent by De-
cember 31, 2001;’’;
(2) by amending paragraph (3) to read as fol-
lows:
‘‘(3) coordinate, oversee, and evaluate the effec-
tiveness of the implementation of the policies, objec-
tives, goals, performance measures, and priorities es-
tablished 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 non-
governmental entities involved in demand reduction’’
after ‘‘governments’’;
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(4) by striking ‘‘and’’ at the end of paragraph
(7);
(5) by striking the period at the end of para-
graph (8) and inserting a semicolon; and
(6) by adding at the end the following new
paragraphs:
‘‘(9) require each National Drug Control Pro-
gram agency to submit to the Director on a semi-
annual basis (beginning with the first 6 months of
1998) an evaluation of progress by the agency with
respect to drug control program goals using the per-
formance measures referred to in paragraph (1), in-
cluding progress with respect to—
‘‘(A) success in reducing domestic and for-
eign sources of illegal drugs;
‘‘(B) success in protecting the borders of
the United States (and in particular the South-
western border of the United States) from pen-
etration by illegal narcotics;
‘‘(C) success in reducing violent crime as-
sociated 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
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‘‘(E) implementation of drug treatment
and prevention programs in the United States
and improvements in the adequacy and effec-
tiveness of such programs;
‘‘(10) submit to Congress on a semi-annual
basis, not later than 60 days after the date of the
last day of the applicable 6-month period, a sum-
mary of—
‘‘(A) each of the evaluations received by
the Director under paragraph (9); and
‘‘(B) the progress of each National Drug
Control Program agency toward the drug con-
trol program goals of the agency using the per-
formance measures described in paragraph (1);
‘‘(11) require the National Drug Control Pro-
gram 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 au-
thenticated 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 Di-
rector under paragraph (11);
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governments and nongovernmental agencies in-
volved in demand reduction.’’.
(b) SURVEY OF DRUG USE.—(1) The University of
Michigan shall not be prohibited under any law from con-
ducting the survey of drug use among young people in the
United States known as the Monitoring the Future Sur-
vey.
(2) The National Parents’ Resource Institute for
Drug Education in Atlanta, Georgia, shall not be prohib-
ited 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 new
paragraphs:
‘‘(10) require the heads of National Drug Con-
trol Program agencies to provide the Director with
statistics, studies, reports, and any other informa-
tion regarding Federal control of drug abuse;
‘‘(11) require the heads of National Drug Con-
trol Program agencies to provide the Director with
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information regarding any position (before an indi-
vidual is nominated for such position) that—
‘‘(A) relates to the National Drug Control
Program;
‘‘(B) is at or above the level of Deputy As-
sistant Secretary; and
‘‘(C)
involves responsibility
for Federal
counternarcotics or anti-drug programs; and
‘‘(12) make recommendations to the National
Drug Intelligence Center on the specific projects
that the Director determines will enhance the effec-
tiveness of implementation of the National Drug
Control Strategy.’’.
SEC. 5. SUBMISSION OF NATIONAL DRUG CONTROL STRAT-
EGY.
(a) IN GENERAL.—Section 1005(a) is amended—
(1) by amending paragraph (2)(A) to read as
follows:
‘‘(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;’’;
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(2) by striking ‘‘and’’ at the end of paragraph
(2)(C);
(3) by striking paragraph (2)(D);
(4) by adding at the end of paragraph (2) the
following new paragraphs:
‘‘(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.’’;
(5) in paragraph (3)(A), by striking clauses (iv)
and (v) and inserting the following:
‘‘(iv) private citizens and organizations with ex-
perience and expertise in demand reduction;
‘‘(v) private citizens and organizations with ex-
perience and expertise in supply reduction; and
‘‘(vi) appropriate representatives of foreign gov-
ernments.’’;
(6) in paragraph (4)—
(A) in subparagraph (B), by amending
clauses (i) through (vi) to read as follows:
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‘‘(i) the quantities of cocaine, heroin, mari-
juana, methamphetamine, ecstasy, and rohypnol
available for consumption in the United States;
‘‘(ii) the amount of cocaine, heroin, mari-
juana,
ecstasy,
rohypnol,
methamphetamine,
and precursor chemicals entering the United
States;
‘‘(iii) the number of hectares of marijuana,
poppy, and coca cultivated and destroyed do-
mestically and in other countries;
‘‘(iv) the number of metric tons of mari-
juana, cocaine, heroin, and methamphetamine
seized;
‘‘(v) the number of cocaine and meth-
amphetamine processing labs destroyed domes-
tically and in other countries;
‘‘(vi) changes in the price and purity of
heroin and cocaine, changes in price of meth-
amphetamine,
and
changes
in
tetrahydrocannabinol level of marijuana;’’;
(B) by striking ‘‘and’’ at the end of sub-
paragraph (C);
(C) by striking the period at the end sub-
paragraph (D) and inserting ‘‘; and’’; and
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(D) by adding at the end the following new
subparagraph:
‘‘(E) assessment of the cultivation of illegal
drugs in the United States.’’; and
(7) in paragraph (5)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘February 1, 1995’’ and insert-
ing ‘‘February 1, 1998’’;
(B) in the matter preceding subparagraph
(A), by striking ‘‘second’’;
(C) by striking ‘‘and’’ at the end of sub-
paragraph (C);
(D) by striking the period at the end of
subparagraph (D) and inserting ‘‘; and’’; and
(E) by adding at the end the following new
subparagraph:
‘‘(E) a description of the National Drug Con-
trol Program performance measures described in
subsection (a)(2)(A).’’.
(b) GOALS AND PERFORMANCE MEASURES FOR NA-
TIONAL DRUG CONTROL STRATEGY.—Section 1005(b) is
amended—
(1) in the heading, by striking ‘‘, OBJECTIVES,
AND PRIORITIES’’ and inserting ‘‘AND PERFORM-
ANCE MEASURES’’;
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(2) in the matter after the heading, by inserting
‘‘(1)’’ before ‘‘Each National Drug Control Strat-
egy’’;
(3) by redesignating paragraphs (1) through
(6) as subparagraphs (A) through (F);
(4) in subparagraph (A) (as redesignated by
paragraph (3)), by striking ‘‘and priorities’’ and in-
serting ‘‘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 new
paragraph:
‘‘(2) In establishing the performance measures re-
quired by this subsection, the Director shall—
‘‘(A) establish performance measures and tar-
gets expressed in terms of precise percentages for
each National Drug Control Strategy goal and objec-
tive;
‘‘(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 Con-
trol Program agencies;
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‘‘(D) identify programs and activities of Na-
tional 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 pro-
gram activities supporting the National Drug Con-
trol Strategy;
‘‘(F) monitor consistency between the drug-re-
lated 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 implemen-
tation of national drug control data collection and
reporting systems to support Federal policy formula-
tion 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.’’.
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SEC. 6. REPORT ON DESIGNATION OF HIGH INTENSITY
DRUG TRAFFICKING AREAS.
Section 1005(c)(3) is amended to read as follows:
‘‘(3) Not later than March 1 of each year, the Direc-
tor 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. REPROGRAMMING AND TRANSFER OF FUNDS.
(a) EXPANSION OF TRANSFER AUTHORITY.—Section
1003(d)(8) (21 U.S.C. 1502(d)(8)) is amended to read as
follows:
‘‘(8) except to the extent that the Director’s au-
thority under this paragraph is limited in an annual
appropriations Act, and with the concurrence of the
head of the affected agency and upon advance ap-
proval of the Committees on Appropriations and the
authorizing committees of the House of Representa-
tives and the Senate, transfer funds appropriated to
a National Drug Control Program agency program,
activity, or function designated by the Director pur-
suant to subsection (c) to a different National Drug
Control Program agency program, activity, or func-
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tion designated by the Director pursuant to such
subsection in an amount that does not exceed 5 per-
cent of the amount appropriated to either program,
activity, or function;’’.
(b)
REPORT.—Section
1003(c)(7)
(21
U.S.C.
1502(c)(7)) is amended to read as follows:
‘‘(7)(A) The Director shall report to Congress on a
quarterly basis (beginning with the first quarter of 1998)
on—
‘‘(i) the need for any reprogramming or trans-
fer of funds appropriated for National Drug Control
Program activities; and
‘‘(ii) any funds appropriated for National Drug
Control Program activities that were reprogrammed
or transferred during the quarter covered by the re-
port.
‘‘(B) The Director shall report to Congress as re-
quired by paragraph (A) not later than 30 days after the
last day of each applicable quarter.’’.
SEC. 8. LONG-TERM PLAN FOR REDUCTION OF DRUG USE.
Section 1003 (21 U.S.C. 1502) is amended by adding
at the end the following new subsection:
‘‘(g) LONG-TERM PLAN FOR REDUCTION OF DRUG
USE.—Not later than March 1, 1998, the Director shall
submit to Congress a long-term plan for reducing the pop-
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ulation of illegal drug users in the United States by De-
cember 31, 2001, to 3 percent of the population of the
United States or less. Such plan shall include—
‘‘(1) a request for funds and other resources
necessary to achieve such reduction within the guide-
lines of the balanced budget agreement of 1997; and
‘‘(2) the justifications for each such request.’’.
SEC. 9. DRUG POLICY COUNCIL.
The National Narcotics Leadership Act of 1988 (21
U.S.C. 1501 et seq.) is further amended by adding at the
end of chapter 1 the following new section:
‘‘SEC. 1013. DRUG POLICY COUNCIL.
‘‘(a) ESTABLISHMENT.—There is established in the
Executive Office of the President a Drug Policy Council,
which shall be composed of the members of the President’s
cabinet, and the purpose of which shall be to make cabi-
net-level decisions regarding national drug policy.
‘‘(b) CHAIRMAN.—The President shall be the Chair-
man of the Drug Policy Council established by subsection
(a).
‘‘(c) EXECUTIVE DIRECTOR.—The Director of the
Office of National Drug Control Policy shall be the Execu-
tive Director of the Drug Policy Council established by
subsection (a).’’.
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SEC. 10. DEFINITION OF NATIONAL DRUG CONTROL PRO-
GRAM AGENCY.
Section 1010(6) (21 U.S.C. 1507(6)) is amended to
read as follows:
‘‘(6) the term ‘National Drug Control Program
agency’ means any agency that is responsible for im-
plementing any aspect of the National Drug Control
Strategy, including any agency that receives Federal
funds to implement any aspect of the National Drug
Control Strategy;’’.
SEC. 11. EXTENSION OF DATE FOR TERMINATION OF OF-
FICE OF NATIONAL DRUG CONTROL POLICY.
Section 1009 is amended by striking ‘‘September 30,
1997’’ and inserting ‘‘September 30, 1999’’.
SEC. 12. EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS.
Section 1011 is amended by striking ‘‘8 succeeding
fiscal years’’ and inserting ‘‘10 succeeding fiscal years’’.
SEC. 13. REPORT REQUIRED.
Not later than November 1, 1997, the Director of the
Office of National Drug Control Policy shall submit to
Congress a report including—
(1) proposed goals, targets, performance meas-
ures (as described in section 1003(b)(1) of the Na-
tional Narcotics Leadership Act of 1998 (21 U.S.C.
1502(b)(1)), and specific initiatives with respect to
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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. 14. APPOINTMENT OF TEMPORARY ADMINISTRATOR
FOR
DRUG-FREE
COMMUNITIES
SUPPORT
PROGRAM.
(a)
IN
GENERAL.—Section
1031(c)
(21
U.S.C.
1531(c)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c) ADMINISTRA-
TION.—’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) The Director shall appoint an individual to act
as Administrator until such time as an individual is ap-
pointed to such position under paragraph (1).’’.
(b) DEADLINE FOR APPOINTMENT.—The Director of
the Office of National Drug Control Policy shall appoint
an individual to act as Administrator of the Drug-Free
Communities Support Program under section 1031(c)(2)
of the National Narcotics Leadership Act of 1988 (as
added by subsection (a)) not later than 30 days after the
date of the enactment of this Act.
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SEC. 15. 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.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Office of National Drug
Control Policy Reauthorization Act of 1997’’.
SEC. 2. REAUTHORIZATION OF OFFICE OF NATIONAL DRUG
CONTROL POLICY.
(a) DEFINITIONS.—The National Narcotics Leadership
Act of 1988 (21 U.S.C. 1501 et seq.) is amended by insert-
ing after section 1001 the following:
‘‘SEC. 1001A. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) DEMAND REDUCTION.—The term ‘demand
reduction’ means any activity conducted by a Na-
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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.
‘‘(5) FUND.—The term ‘Fund’ means the fund
established under section 1002(d).
‘‘(6) NATIONAL DRUG CONTROL PROGRAM.—The
term ‘National Drug Control Program’ means pro-
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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 and all
dedicated units thereof, with responsibilities under the
National Drug Control Strategy, as designated jointly
by the Director and the President.
‘‘(8) NATIONAL DRUG CONTROL STRATEGY.—The
terms ‘National Drug Control Strategy’ and ‘Strat-
egy’ mean the strategy developed and submitted to
Congress under section 1005.
‘‘(9) OFFICE.—Unless the context clearly impli-
cates otherwise, the term ‘Office’ means the Office of
National Drug Control Policy established under sec-
tion 1002(a).
‘‘(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—
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‘‘(A) coordination and facilitation of Fed-
eral, State, and local law enforcement drug con-
trol efforts;
‘‘(B) promotion of coordination and co-
operation among the drug supply reduction and
demand reduction agencies of the various States,
territories, and units of local government; and
‘‘(C) such other cooperative governmental
activities which promote a comprehensive ap-
proach to drug control at the national, State,
territory, and local levels.
‘‘(11) SUPPLY
REDUCTION.—The term ‘supply
reduction’ means any activity of a program con-
ducted 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
‘‘(D) domestic drug law enforcement, in-
cluding law enforcement directed at drug users.’’.
(b) ESTABLISHMENT OF OFFICE OF NATIONAL DRUG
CONTROL POLICY.—Section 1002 of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1501) is amended—
HR 2610 RS
(1) by striking subsections (a) and (b) and in-
serting the following:
‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished in the Executive Office of the President an Office of
National 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
CONTROL POLICY.—There shall be in the Office a Dep-
uty Director of National Drug Control Policy, who
shall assist the Director in carrying out the respon-
sibilities of the Director under this Act.
‘‘(3) OTHER DEPUTY DIRECTORS.—There shall
be in the Office—
‘‘(A) a Deputy Director for Demand Reduc-
tion, who shall be responsible for the activities
HR 2610 RS
described in subparagraphs (A) through (G) of
section 1001A(1);
‘‘(B) a Deputy Director for Supply Reduc-
tion, who shall be responsible for the activities
described in subparagraphs (A) through (C) of
section 1001A(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 1001A(10).’’;
(2) by striking subsection (c) and redesignating
subsection (d) as subsection (c); and
(3) by adding at the end the following:
‘‘(d) OFFICE OF NATIONAL DRUG CONTROL POLICY
GIFT FUND.—
‘‘(1) ESTABLISHMENT.—There is established in
the Treasury a Fund for the receipt of gifts, both real
and personal, for the purpose of aiding or facilitating
the work of the Office under section 1003(c).
‘‘(2) CONTRIBUTIONS.—The Office may accept,
hold, and administer contributions to the Fund.
‘‘(3) USE OF AMOUNTS DEPOSITED.—Amounts
deposited in the Fund are authorized to be appro-
priated, to remain available until expended for au-
thorized purposes at the discretion of the Director.’’.
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‘‘(2) promulgate the National Drug Control
Strategy and each report under section 1005(b) in ac-
cordance with section 1005;
‘‘(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 Presi-
dent as the Director determines are appropriate re-
garding changes in the organization, management,
and budgets of Federal departments and agencies en-
gaged in drug enforcement, and changes in the alloca-
tion of personnel to and within such departments and
agencies, 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
relations with the National Drug Control Program
agencies;
‘‘(6) appear before duly constituted committees
and subcommittees of the House of Representatives
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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 such agency under the National
Drug Control Strategy and transmit a copy of each
such notification to the President;
‘‘(8) provide, by July 1 of each year, budget rec-
ommendations to the heads of departments and agen-
cies with responsibilities under the National Drug
Control Program, which recommendations shall 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 address funding
priorities developed in the National Drug Control
Strategy;
‘‘(9) serve as the representative of the President
in appearing before Congress on all issues relating to
the National Drug Control Program; and
‘‘(10) serve as primary spokesperson of the Ad-
ministration on drug issues.
‘‘(c) NATIONAL DRUG CONTROL PROGRAM BUDGET.—
‘‘(1) IN GENERAL.—For each fiscal year, with
the advice of the program managers of departments
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and agencies with responsibilities under the National
Drug Control Program, the Director shall—
‘‘(A) develop a consolidated National Drug
Control Program budget proposal to implement
the National Drug Control Strategy;
‘‘(B) submit the budget proposal to the
President; and
‘‘(C) after submission under subparagraph
(B), submit a copy of the budget proposal to
Congress.
‘‘(2) RESPONSIBILITIES OF NATIONAL DRUG CON-
TROL PROGRAM AGENCIES.—
‘‘(A) IN GENERAL.—Each Federal Govern-
ment program manager, agency head, and de-
partment head with responsibilities under the
National Drug Control Strategy shall transmit
the drug control budget request of the agency or
department to the Director at the same time as
such 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 sec-
tion 1105(a) of title 31, United States Code.
‘‘(B) REQUESTS
FOR
SPECIFIC
INITIA-
TIVES.—The Director shall request the head of a
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department or agency to include in the budget
submission of the department or agency to the
Office of Management and Budget funding re-
quests for specific initiatives that are consistent
with the priorities of the President for the Na-
tional Drug Control Strategy and certifications
made pursuant to paragraph (3), and the head
of the department or agency shall comply with
such a request.
‘‘(C) 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
drug control budget requests transmitted pursu-
ant to this paragraph, in such format as may be
designated by the Director with the concurrence
of the Director of the Office of Management and
Budget.
‘‘(3) CERTIFICATION.—The Director shall—
‘‘(A) review each drug control budget re-
quest submitted to the Director under paragraph
(2);
‘‘(B) certify in writing as to the adequacy
of such request in whole or in part to implement
the objectives of the National Drug Control
HR 2610 RS
Strategy for the year for which the request is
submitted and, with respect to a request that is
not certified as adequate to implement the objec-
tives of the National Drug Control Strategy, in-
clude in the certification an initiative or fund-
ing level that would make the request adequate;
‘‘(C) notify the program manager, agency
head, or department head, as applicable, regard-
ing each certification under subparagraph (B);
and
‘‘(D) maintain a record of each certification
under subparagraph (B).
‘‘(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 which is included
in the National Drug Control Program budget
unless the request has been approved by the Di-
rector.
‘‘(B) APPEAL.—The head of any National
Drug Control Program agency may appeal to the
President any disapproval by the Director of a
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reprogramming or transfer request under this
paragraph.
‘‘(C) REPORT.—The Director shall annually
submit to Congress a report describing the ap-
proval of any reprogramming or transfer of ap-
propriated funds pursuant to this paragraph.
‘‘(d) POWERS OF THE DIRECTOR.—In carrying out
subsection (b), the Director may—
‘‘(1) select, appoint, employ, and fix compensa-
tion of such officers and employees as may be nec-
essary to carry out the functions of the Office of Na-
tional Drug Control Policy under this title;
‘‘(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 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, Unit-
HR 2610 RS
ed States Code, relating to appointments in the Fed-
eral Service, at rates of compensation for individuals
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 1002(d);
‘‘(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 Inspec-
tor 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) except to the extent that the authority of the
Director under this paragraph is limited in an an-
nual appropriations Act, with the concurrence of the
HR 2610 RS
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-
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