Reauthorization Act of 1998
Title VII Office of National Drug Control Policy Reauthorization Act of 1998: H11225
[Congressional Record: October 19, 1998 (House)][Page H11197-H11247]From the Congressional Record Online via GPO Access [wais.access.gpo.gov][DOCID:cr19oc98-30] [[pp. H11197-H11247]] CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999[[Continued from page H11196]]
SEC. 701. SHORT TITLE.
This title may be cited as the ``Office of National Drug Control Policy Reauthorization Act of 1998''.
SEC. 702. DEFINITIONS.
In this title: (1) Demand reduction.--The term ``demand reduction''
means any activity conducted by a National 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.
(5) Fund.--The term
``Fund'' means the fund established under section 703(d).
(6)
National drug control program.--The term ``National Drug Control
Program'' means programs, policies, and activities undertaken by
National Drug Control Program agencies pursuant to the responsibilities
of such agencies under the National Drug Control Strategy.
(7)
National drug control program agency.--The term ``National Drug Control
Program Agency'' means any agency that is responsible for implementing
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, but does not include any agency that receives funds
for drug control activity solely under the National Foreign Intelligence
Program, the Joint Military Intelligence Program or Tactical
Intelligence and Related Activities, unless such agency has been
designated--
(A) by the President; or
(B) jointly by the Director
and the head of the agency.
(8) National drug control strategy.--The
term ``National Drug Control Strategy'' means the strategy developed and
submitted to Congress under section 706.
(9) Office.--Unless the
context clearly implicates otherwise, the term ``Office'' means the
Office of National Drug Control Policy established under section
703(a).
(10) State and local affairs.--The term ``State and local
affairs'' means domestic activities conducted by a National Drug Control
Program agency that are intended to reduce the availability and use of
drugs, including--
(A) coordination and facilitation of Federal,
State, and local law enforcement drug control efforts;
(B) promotion
of coordination and cooperation 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 approach to drug control at the
national, State, territory, and local levels.
(11) Supply
reduction.--The term ``supply reduction'' 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
(D)
domestic drug law enforcement, including law
enforcement directed at
drug users.
SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Establishment of Office.--There is established 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 programs; 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 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--
(A) a Deputy Director for Demand Reduction, who shall be
responsible for the activities described in subparagraphs (A) through
(G) of section 702(1);
(B) a Deputy Director for Supply Reduction,
who shall be responsible for the activities described in subparagraphs
(A) through (C) of section 702(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 702(10) and
subparagraph (D) of section 702(11).
(c) Access by Congress.--The
location of the Office in the Executive Office of the President shall
not be construed as affecting access by
[[Page H11226]]
Congress, or any committee of the House of
Representatives or the Senate, to any--
(1) information, document, or
study in the possession 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 receipt
of gifts, both real and personal, for the purpose of aiding or
facilitating the work of the Office under section 704(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 appropriated, to remain
available until expended for authorized purposes at the discretion of
the Director.
SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS.
(a) Appointment.--
(1) In general.--The Director, the Deputy
Director 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 Demand Reduction under this paragraph, the President shall
take into consideration the scientific, educational or professional
background of the individual, and whether the individual has experience
in the fields of substance abuse prevention, education, or
treatment.
(2) Duties of deputy director of national drug control
policy.--The Deputy Director of National Drug Control Policy
shall--
(A) carry out the duties and powers prescribed 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 designate such other permanent employee of the Office to
serve as the Director, if the Director is absent or unable to
serve.
(4) Prohibition.--No person shall serve as Director 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 advice 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--
(1) shall assist the President in the establishment of
policies, goals, objectives, and priorities for the National Drug
Control Program;
(2) shall promulgate the National Drug Control
Strategy under section 706(a) and each report under section 706(b) in
accordance with section 706;
(3) shall coordinate and oversee the
implementation by the National Drug Control Program agencies of the
policies, goals, objectives, and priorities established under paragraph
(1) and the fulfillment of the responsibilities of such agencies under
the National Drug Control Strategy and make recommendations to National
Drug Control Program agency heads with respect to implementation of
Federal counter- drug programs;
(4) shall make such recommendations
to the President as the Director determines are appropriate regarding
changes in the organization, management, and budgets of Federal
departments and agencies engaged in drug enforcement, and changes in the
allocation of personnel to and within those departments and agencies, to
implement the policies, goals, priorities, and objectives established
under paragraph (1) and the National Drug Control Strategy;
(5) shall
consult with and assist State and local governments with respect to the
formulation and implementation of National Drug Control Policy and their
relations with the National Drug Control Program agencies;
(6) shall
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) shall 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 notification to the
President, and maintain a copy of each such notification;
(8) shall
provide, by July 1 of each year, budget recommendations, including
requests for specific initiatives that are consistent with the
priorities of the President under the National Drug Control Strategy, to
the heads of departments and agencies with responsibilities under the
National Drug Control Program, which recommendations shall--
(A)
apply to the 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;
(9) may serve as representative of the President in
appearing before Congress on all issues relating to the National Drug
Control Program;
(10) shall, in any matter affecting national
security interests, work in conjunction with the Assistant to the
President for National Security Affairs;
(11) may serve as
spokesperson of the Administration on drug issues;
(12) shall ensure
that no Federal funds appropriated to the Office of National Drug
Control Policy shall be 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 take such actions as necessary to oppose any attempt to
legalize the use of a substance (in any form) that--
(A) is listed in
schedule I of section 202 of the Controlled Substances Act (21 U.S.C.
812); and
(B) has not been approved for use for medical purposes by
the Food and Drug Administration;
(13) shall require each National
Drug Control Program agency to submit to the Director on an annual basis
(beginning in 1999) an evaluation of progress by the agency with respect
to drug control program goals using the performance measures for the
agency developed under section 706(c), including progress with respect
to--
(A) success in reducing domestic and foreign sources of illegal
drugs;
(B) success in protecting the borders of the United States
(and in particular the Southwestern border of the United States) from
penetration by illegal narcotics;
(C) success in reducing violent
crime associated with drug use in the United States;
(D) success in
reducing the negative health and social consequences of drug use in the
United States; and
(E) implementation of drug treatment and
prevention programs in the United States and improvements in the
adequacy and effectiveness of such programs;
(14) shall submit to the
Appropriations committees and the authorizing committees of jurisdiction
of the House of Representatives and the Senate on an
annual basis, not later than 60 days after the date of the last day of
the applicable period, a summary of--
(A) each of the evaluations
received by the Director under paragraph (13); and
(B) the progress
of each National Drug Control Program agency toward the drug control
program goals of the agency using the performance measures for the
agency developed under section 706(c); and
(15) shall ensure that
drug prevention and drug treatment research and information is
effectively disseminated by National Drug Control Program agencies to
State and local governments and nongovernmental entities involved in
demand reduction by--
(A) encouraging formal consultation between any
such agency that conducts or sponsors research, and any such agency that
disseminates information in developing research and information product
development agendas;
(B) encouraging such agencies (as appropriate)
to develop and implement dissemination plans that specifically target
State and local governments and nongovernmental entities involved in
demand reduction; and
(C) developing a single interagency
clearinghouse for the dissemination of research and information by such
agencies to State and local governments and nongovernmental agencies
involved in demand reduction.
(c) National Drug Control Program
Budget.--
(1) Responsibilities of national drug control 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.
(B) Submission of drug control budget
requests.--The head of each National Drug Control Program agency shall
ensure timely development 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
concurrence of the Director of the Office of Management and
Budget.
(2) National drug control program budget proposal.--For each
fiscal year, following the transmission 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.
(3) Review and
certification of budget requests and budget submissions of national drug
control program agencies.--
(A) In general.--The Director shall
review 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 inadequate, 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 determination
of the Director, make the request adequate to implement those
objectives.
(ii) Adequate requests.--If the Director concludes that a
budget request submitted under paragraph (1) is adequate to implement
the objectives of the National Drug Control Strategy
[[Page H11227]]
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
submitted under clause (i) and each statement submitted under clause
(ii).
(C) Agency response.--
(i) In general.--The head of a
National 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 Office 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 appendix to the
budget submission for that agency to the Office of Management and Budget
an impact statement that summarizes--
(I) the changes made to the budget under this subparagraph;
and
(II) the impact of those changes on the ability of that agency to
perform its other responsibilities, including any impact on specific
missions or programs of the agency.
(iii) Congressional notification.--The head of a National Drug
Control Program 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 submitted to
Congress under section 1105(a) of title 31, United States Code.
(D)
Certification of budget submissions.--
(i) In general.--At the time a
National Drug Control Program agency submits its budget request to the
Office of Management and Budget, the head of the National Drug Control
Program agency shall submit a copy of the budget request to the
Director.
(ii) Certification.--The Director--
(I) shall review each budget submission submitted under clause (i);
and
(II) based on the review under subclause (I), if the Director
concludes that the budget submission of a National Drug Control Program
agency does not include the funding levels and initiatives described
under subparagraph (B)--
(aa) may issue a written decertification of that agency's budget;
and
(bb) in the case of a decertification issued under item (aa),
shall submit to the Senate and the House of
Representatives a copy of--
(aaa) the decertification issued under
item (aa);
(bbb) the description made under subparagraph (B); and
(ccc) the budget recommendations made under subsection (b)(8).
(4)
Reprogramming and transfer requests.--
(A) In general.--No National
Drug Control 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 unless the request has been approved by the
Director.
(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 subsection (b), the Director may--
(1)
select, appoint, employ, and fix compensation of such officers and
employees of the Office as may be 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
reimbursable basis, the available services, equipment, personnel, and
facilities of Federal, State, and local agencies;
(4) procure the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code, relating to appointments in the Federal
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 property from
Federal, State, and local government agencies, and from the private
sector, as authorized in section 703(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; and
(B) requesting assistance from the Inspector
General of the relevant agency in such audits and evaluations;
(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;
(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 paragraph may not exceed 3 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 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, the
authorizing committees for the Office, and any other applicable
committees of jurisdiction, a reprogramming or transfer request in
advance of any transfer under this paragraph in accordance with the
regulations of the affected agency or agencies; and
(ii) annually
submit to Congress a report describing the effect of all transfers of
funds made pursuant to this paragraph or subsection (c)(4) during the
12-month period preceding the date on which the report is
submitted;
(9) issue to the head of a National Drug Control Program
agency a fund control notice described in subsection (f) to ensure
compliance with the National Drug Control Program Strategy; and
(10)
participate in the drug certification process pursuant to section 490 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291j).
(e) Personnel
Detailed to Office.--
(1) Evaluations.--Notwithstanding any provision
of chapter 43 of title 5, United States Code, the Director shall perform
the evaluation of the performance of any employee detailed to the Office
for purposes of the applicable performance appraisal system established
under such chapter for any rating period, or part thereof, that such
employee is detailed to such office.
(2) Compensation.--
(A) Bonus
payments.--Notwithstanding any other provision of law, the Director may
provide periodic bonus payments to any employee detailed to the
Office.
(B) Restrictions.--An amount paid under this paragraph to an
employee for any period--
(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 employee 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 Office) under subsection (d)(2) during any fiscal year
is--
(A) for the Department of Defense, 50; and
(B) for any other
department or agency, 10.
(f) Fund Control Notices.--
(1) In
general.--A fund control notice may direct that all or part of an amount
appropriated to the National Drug Control Program agency account be
obligated by--
(A) months, fiscal year quarters, or other time
periods; and
(B) activities, functions, projects, or object
classes.
(2) Unauthorized obligation or expenditure prohibited.--An
officer or employee of a National Drug Control Program agency shall not
make or authorize an expenditure or obligation contrary to a fund
control notice issued by the Director.
(3) Disciplinary action for
violation.--In the case of a violation of paragraph (2) by an officer or
employee of a National Drug Control Program agency, the head of the
agency, upon the request of and in consultation with the Director, may
subject the officer or employee to appropriate administrative
discipline, including, when circumstances warrant, suspension from duty
without pay or removal from office.
(g) Inapplicability to Certain
Programs.--The provisions of this section shall not apply to the
National Foreign Intelligence Program, the Joint Military Intelligence
Program and Tactical Intelligence and Related Activities unless the
agency that carries out such program is designated as a National Drug
Control Program agency by the President or jointly by the Director and
the head of the agency.
(h) Construction.--Nothing in this Act shall
be construed as derogating the authorities and responsibilities of the
Director of Central Intelligence contained in sections 104 and 504 of
the National Security Act of 1947 or any other law.
SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND LOCAL AFFAIRS.
(a) Access to Information.--
(1) In general.--Upon the request of
the Director, the head of any National Drug Control Program agency shall
cooperate with and provide to the Director any statistics, studies,
reports, and other information 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
information.--
(A) In general.--The authorities conferred on the
Office and the Director by this title shall be exercised in a manner
consistent with provisions of the National Security Act of 1947 (50
U.S.C. 401 et seq.). The Director of Central Intelligence shall
prescribe such regulations as may be necessary to protect information
provided pursuant to this title regarding intelligence sources and
methods.
[[Page H11228]]
(B) Duties of director.--The Director of Central Intelligence shall,
to the maximum extent practicable in accordance with subparagraph (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 cultivation in the United States.
(b) Certification of
Policy Changes to Director.--
(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 certify to the head of that agency in writing
whether such change is consistent with the National Drug Control
Strategy.
(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
Program.
(c) General Services Administration.--The Administrator of
General Services shall provide to the Director, in a reimbursable basis,
such administrative support services as the Director may request.
(d)
Accounting of Funds Expended.--The Director shall--
(A) require the
National Drug Control Program agencies to submit to the Director not
later than February 1 of each year a detailed accounting of all funds
expended by the agencies for National Drug Control Program activities
during the previous fiscal year, and require such accounting to be
authenticated by the Inspector General for each agency prior to
submission to the Director; and
(B) submit to Congress not later than
April 1 of each year the information submitted to the Director under
subparagraph (A).
SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF NATIONAL DRUG CONTROL STRATEGY.
(a) Timing, Contents, and Process for Development and Submission of
National Drug Control Strategy.--
(1) Timing.--Not later than
February 1, 1999, the President shall submit to Congress a National Drug
Control Strategy, which shall set forth a comprehensive plan, covering a
period of not more than 5 years, for reducing drug abuse and the
consequences of drug abuse in the United States, by limiting the
availability of and reducing the demand for illegal drugs.
(2)
Contents.--
(A) In general.--The National Drug Control 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 measurable objectives and specific targets to
accomplish long-term quantifiable goals that the Director determines may
be 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
international, 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.
(B) Classified
information.--Any contents 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 submission.--
(A) Consultation.--In developing and
effectively implementing the National Drug Control 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 organizations with experience and expertise in demand
reduction;
(V) private citizens and organizations with experience and
expertise in supply reduction; and
(VI) appropriate representatives
of foreign governments;
(ii) with the concurrence of the Attorney General, may require the El
Paso Intelligence Center to undertake specific tasks or projects to
implement the National Drug Control Strategy; and
(iii) with the
concurrence of the Director of Central Intelligence and the Attorney
General, may request that the National Drug Intelligence Center
undertake specific tasks or projects to implement the National Drug
Control Strategy.
(B) Inclusion in strategy.--The National Drug
Control Strategy under this subsection, and each report submitted under
subsection (b), shall include a list of each entity consulted under
subparagraph (A)(i).
(4) Specific targets.--The targets in the
National Drug Control Strategy shall include the following:
(A)
Reduction of unlawful drug use to 3 percent of the population of the
United States or less by December 31, 2003 (as measured in terms of
overall illicit drug use during the past 30 days by the National
Household Survey), and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001, 2002, and 2003.
(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 population of the United
States or less by December 31, 2003, and achievement of at least 20
percent of such reduction during each of 1999, 2000, 2001, 2002, and
2003.
(C) Reduction of the availability of cocaine, heroin,
marijuana, and methamphetamine in the United States by 80 percent by
December 31, 2003.
(D) Reduction of the respective nationwide average
street purity levels for cocaine, heroin, marijuana, and methamphetamine
(as estimated by the interagency drug flows assessment led by the Office
of National Drug Control Policy, and based on statistics collected by
the Drug Enforcement Administration and other National Drug Control
Program agencies identified as relevant by the Director) by 60 percent
by December 31, 2003, and achievement of at least 20 percent of each
such reduction during each of 1999, 2000, 2001, 2002, and 2003.
(E)
Reduction of drug-related crime in the United States by 50 percent by
December 31, 2003, and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001, 2002, and 2003,
including--
(i) reduction of State and Federal unlawful drug
trafficking and distribution;
(ii) reduction of State and Federal
crimes committed by persons under the influence of unlawful
drugs;
(iii) reduction of State and Federal crimes committed for the
purpose of obtaining unlawful drugs or obtaining property that is
intended to be used for the purchase of unlawful drugs; and
(iv)
reduction of drug-related emergency room incidents in the United States
(as measured by data of the Drug Abuse Warning Network on illicit drug
abuse), including incidents involving gunshot wounds and automobile
accidents in which illicit drugs are identified in the bloodstream of
the victim, by 50 percent by December 31, 2003.
(5) Further
reductions in drug use, availability, and crime.--Following the
submission of a National Drug Control Strategy under this section to
achieve the specific targets described in paragraph (4), the Director
may formulate a strategy for additional reductions in drug use and
availability and drug-related crime beyond the 5-year period covered by
the National Drug Control Strategy that has been submitted.
(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 subsection (a), which shall include--
(A) an assessment of the
Federal effectiveness in achieving the National Drug Control Strategy
goals and objectives using the performance measurement system described
in subsection (c), including--
(i) an assessment of drug use and
availability in the United States; and
(ii) an estimate of the
effectiveness of interdiction, treatment, prevention, law enforcement,
and international programs under the National Drug Control Strategy in
effect during the preceding year, or in effect as of the date on which
the report is submitted;
(B) any modifications of the National Drug
Control Strategy or the performance measurement system described in
subsection (c);
(C) an assessment of the manner in which the budget
proposal submitted under section 704(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)
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 (including
inhalants) and availability, impact of drug use, and treatment
availability, which assessment shall include--
(i) estimates of drug
prevalence and frequency of use as measured by national, State, and
local surveys of illicit drug use and by other special studies of--
(I) casual and chronic drug use;
(II) high-risk populations,
including school dropouts, the homeless and transient, arrestees,
parolees, probationers, and juvenile delinquents; and
(III) drug use in the workplace and the productivity lost by such use;
(ii) an assessment of the reduction of drug availability against an ascertained baseline, as measured by--
(I) the quantities of cocaine, heroin, marijuana, methamphetamine,
and other drugs available for consumption in the United States;
(II)
the amount of marijuana, cocaine, heroin, and precursor chemicals
entering the United States;
(III) the number of hectares of
marijuana, poppy, and coca cultivated and destroyed domestically and in
other countries;
(IV) the number of metric tons of marijuana, heroin,
cocaine, and methamphetamine seized;
(V) the number of cocaine and
methamphetamine processing laboratories destroyed domestically and in
other countries;
(VI) changes in the price and purity of heroin and
cocaine, changes in the price of methamphetamine, and changes in
tetrahydrocannabinol level of marijuana;
(VII) the amount and type of
controlled substances diverted from legitimate retail and wholesale
sources; and
[[Page H11229]]
(VIII) the effectiveness of Federal technology programs at improving drug detection capabilities in interdiction, and at United States ports of entry;
(iii) an assessment of the reduction of the consequences of drug use and availability, 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 infected with the human
immunodeficiency 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 assessing--
(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 restrict the availability of treatment services to
those seeking it and proposed 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 initiatives 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
office.
(3) 1999 Strategy report.--With respect to the Strategy
report required to be submitted by this subsection on February 1, 1999,
the President shall prepare the report using such information as is
available for the period covered by the report.
(c) Performance
Measurement System.--
(1) Sense of Congress.--It is the sense of
Congress that--
(A) the targets described in subsection (a) are
important to the reduction of overall drug use in the United
States;
(B) the President should seek to achieve those targets during
the 5 years covered by the National Drug Control Strategy required to be
submitted under subsection (a);
(C) the purpose of such targets and
the annual reports to Congress on the progress towards achieving the
targets is to allow for the annual restructuring of appropriations by
the Appropriations Committees and authorizing committees of jurisdiction
of Congress to meet the goals described in this Act;
(D) the
performance measurement system developed by the Director described in
this subsection is central to the National Drug Control Program targets,
programs, and budget;
(E) the Congress strongly endorses the
performance measurement system for establishing clear outcomes for
reducing drug use nationwide during the next five years, and the linkage
of this system to all agency drug control programs and budgets receiving
funds scored as drug control agency funding.
(2) Submission to
Congress.--Not later than February 1, 1999, the Director shall submit to
Congress a description of the national drug control performance
measurement system, designed in consultation with affected National Drug
Control Program agencies, that--
(A) develops performance objectives,
measures, and targets for each National Drug Control Strategy goal and
objective;
(B) revises performance objectives, measures, 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 National
Drug Control Strategy;
(D) evaluates in detail the implementation by
each National Drug Control Program agency of program 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 Control Strategy; and
(F) coordinates the development
and implementation of national drug control data collection and
reporting systems to support policy formulation and performance
measurement, including an assessment of--
(i) the quality of current
drug use measurement instruments and techniques to measure supply
reduction and demand reduction activities;
(ii) the adequacy of the
coverage of existing national drug use measurement instruments 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).
(3) Modifications.--A
description of any modifications made during the preceding year to the
national drug control performance measurement system described in
paragraph (2) shall be included in each report submitted under
subsection (b).
SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
(a) Establishment.--There is established 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 applicable State, may
designate any specified area of the United States as a high intensity
drug trafficking 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;
(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 section 704 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 production, manufacturing, importation, or
distribution;
(2) State and local law enforcement agencies have
committed resources to respond to the drug trafficking problem in the
area, thereby indicating a determination 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
(4) a significant increase
in allocation of Federal resources is necessary to respond adequately to
drug-related activities in the area.
(d) Use of Funds.--The Director
shall ensure that no Federal funds appropriated for the High Intensity
Drug Trafficking Program are expended for the establishment or expansion
of drug treatment programs.
SEC. 708. 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 Policy 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 technological needs of Federal, State, and local drug
supply reduction agencies, including--
(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 consultation with affected
National Drug Control Program agencies, including--
(i) improving
treatment through neuroscientific advances;
(ii) improving the
transfer of biomedical research to the clinical setting; and
(iii) in
consultation with the National Institute on Drug Abuse, and through
interagency agreements or grants, examining addiction and rehabilitation
research and the application of technology to expanding the
effectiveness or availability of drug treatment;
(C) make a priority
ranking of such needs identified in subparagraphs (A) and (B) according
to fiscal and technological feasibility, as part of a National
Counter-Drug Enforcement Research 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 performance measurement system; and
(F) pursuant to the
authority of the Director of National Drug Control Policy under section
704, submit requests to Congress for the reprogramming or transfer of
funds appropriated for counter-drug technology research and
development.
(2) Limitation on authority.--The authority granted to
the Director under this subsection shall not extend to the award of
contracts, management of individual projects, or other operational
activities.
(d) Assistance and Support to Office of National Drug
Control Policy.--The Secretary of Defense and the Secretary of Health
and Human Services shall, to the maximum extent practicable, render
assistance and support
[[Page H11230]]
to the Office and to the Director in the conduct of counter- drug technology assessment.
SEC. 709. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.
(a) Establishment.--There is established a council to be known as the
President's Council on Counter-Narcotics (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
Transportation;
(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;
(L) 1 shall be the Chief of Staff to the President;
(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
Intelligence;
(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 national
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 implementation of the National Drug Control
Strategy.
(d) Administration.--
(1) In general.--The Council may
utilize established or ad hoc committees, task forces, or interagency
groups chaired by the Director (or a representative of the Director) in
carrying out the functions of the Council under this section.
(2)
Staff.--The staff of the Office, in coordination with the staffs of the
Vice President and the Assistant 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 section; and
(B) provide such assistance,
information, and advice as the Council may request, to the extent
permitted by law.
SEC. 710. 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 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 President, 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 Majority 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
appointment is made;
(iii) 2 shall be appointed by the Minority
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 Speaker of the House of Representatives, 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 appointment is
made; and
(v) 2 shall be appointed by the Minority 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 private 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 (2)(A) shall be a representative of a
nonprofit organization focused on involving parents in antidrug
education and prevention.
(C) Date.--The appointments of the initial
members of the Council shall be made not later than 60 days after the
date of enactment of this section.
(D) Executive Director.--The
Director shall appoint the Executive Director of the Council, who shall
be an employee of the Office of National Drug Control Policy.
(3)
Period of appointment; vacancies.--
(A) Period of appointment.--Each
member 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 (2)(A) shall be
appointed for a term of 1 year; and
(ii) 1 member appointed under
each of clauses (i) through (v) of paragraph (2)(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 before the expiration of
the term for which the member's predecessor was appointed shall be
appointed 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 appointed.
(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
Chairperson of the Council shall assign committee duties relating to the
Council and direct the Executive Director to convene hearings and
conduct other necessary business 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
Director on drug prevention, education, and treatment and assist the
Deputy Director of Demand Reduction in the responsibilities for the
coordination of the demand reduction programs of the Federal Government
and the analysis and consideration of prevention and treatment
alternatives; and
(B) may issue reports and recommendations on drug
prevention, education, and treatment, in addition to the reports
detailed in paragraph (2), as the Council considers appropriate.
(2)
Submission of reports.--Any report or recommendation issued by the
Council shall be submitted to the Director and subsequently to
Congress.
(3) Advice on the national drug control strategy.--Not
later than December 1, 1999, and on December 1 of each year thereafter,
the Council shall submit to the Director an annual report containing
drug control strategy recommendations on drug prevention, education, and
treatment. The Director may include any recommendations submitted under
this paragraph in the report submitted by the Director under section
706(b).
(c) Expenses.--The members of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, 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.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Council such sums as may be necessary to carry
out this section.
SEC. 711. 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;
(6) the United States Coast
Guard;
(7) the United States Customs Service; and
(8) any other
department or agency of the Federal Government that the Director
determines to be relevant.
(b) Report.--In order to assist Congress
in determining 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
border 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, methamphetamine, and cocaine--
(i) seized during
the year of highest recorded seizures for each drug in each region and
during the year of highest recorded overall seizures; and
(ii)
disrupted during the year of highest 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 violations of section
1010(a) of the Controlled Substances 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,
methamphetamine, and marijuana during the year of highest price on
record during the preceding 10-year period, adjusted for purity where
possible; and
[[Page H11231]]
(3) a description of the personnel, equipment, funding, and other
resources of the Federal drug control agency devoted to drug
interdiction and securing the borders of the United States against drug
trafficking for each of the years identified in paragraphs (1) and (2)
for each Federal drug control agency.
(c) Budget Process.--
(1)
Information to director.--Based on the report submitted under subsection
(b), each Federal drug control agency shall submit to the Director, at
the same time as each annual drug control budget request is submitted by
the Federal drug control agency to the Director under section 704(c)(1),
a description of the specific personnel, equipment, funding, and other
resources 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
Program budget proposal submitted by the Director to Congress under
section 704(c)(2), 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 interdiction
success identified in the report submitted under subsection (b).
SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.
Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21
U.S.C. 1509) is amended--
(1) in subsection (b)--
(A) by striking
``section 524(c)(9)'' and inserting ``section 524(c)(8)''; and
(B) by
striking ``section 9307(g)'' and inserting ``section 9703(g)'';
and
(2) in subsection (e), by striking ``strategy'' and inserting
``Strategy''.
SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--Chapter 53 of title 5, United
States Code, is amended--
(1) in section 5312, by adding at the end
the following: ``Director of National Drug Control Policy.'';
(2) in
section 5313, by adding at the end the following: ``Deputy Director of
National Drug Control Policy.''; and
(3) in section 5314, by adding
at the end the following: ``Deputy Director for Demand Reduction, Office
of National Drug Control Policy.
``Deputy Director for Supply
Reduction, Office of National Drug Control Policy.
``Deputy Director
for State and Local Affairs, Office of National Drug Control
Policy.''.
(b) National Security Act of 1947.--Section 101 of the
National Security Act of 1947 (50 U.S.C. 402) is amended by
redesignating subsection (f) as subsection (g) and inserting after
subsection (e) the following:
``(f) The Director of National Drug
Control Policy may, in the role of the Director as principal adviser to
the National Security Council on national drug control policy, and
subject to the direction of the President, attend and participate in
meetings of the National Security Council.''.
(c) Submission of
National Drug Control Program Budget With Annual Budget Request of
President.--Section 1105(a) of title 31, United States Code, is amended
by inserting after paragraph (25) the following:
``(26) a separate
statement of the amount of appropriations requested for the Office of
National Drug Control Policy and each program of the National Drug
Control Program.''.
SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title, to remain available until expended, such sums as may be necessary for each of fiscal years 1999 through 2003.
SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) In General.--Except as provided in subsection (b), effective on
September 30, 2003, this title and the amendments made by this title are
repealed.
(b) Exception.--Subsection (a) does not apply to section
713 or the amendments made by that section.
SEC. 801. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Western Hemisphere
Drug Elimination Act''.
(b) Table of Contents.--The table of contents
for this title is as follows:
Sec. 801. Short title; table of contents.
Sec. 802. Findings and
statement of policy.
Sec. 811. Expansion of radar coverage and operation in source and
transit countries.
Sec. 812. Expansion of Coast Guard drug
interdiction.
Sec. 813. Expansion of aircraft coverage and operation
in source and transit countries.
Sec. 821. Additional eradication resources for Colombia.
Sec. 822.
Additional eradication resources for Peru.
Sec. 823. Additional
eradication resources for Bolivia.
Sec. 824. Miscellaneous additional
eradication resources.
Sec. 825. Bureau of International Narcotics
and Law Enforcement Affairs.
Sec. 831. Alternative crop development support.
Sec. 832.
Authorization of appropriations for Agricultural Research Service
counterdrug research and development activities.
Sec. 833. Master
plan for herbicides to control narcotic crops.
Sec. 834.
Authorization of use of environmentally-approved herbicides to eliminate
illicit narcotics crops.
Sec. 841. Enhanced international law enforcement academy
training.
Sec. 842. Enhanced United States drug enforcement
international training.
Sec. 843. Provision of nonlethal equipment to
foreign law enforcement organizations for cooperative illicit narcotics
control activities.
Sec. 851. Increased funding for operations and equipment;
report.
Sec. 852. Funding for computer software and hardware to
facilitate direct communication between drug enforcement
agencies.
Sec. 853. Sense of Congress regarding priority of drug
interdiction and counterdrug activities.
Sec. 861. Authorizations of appropriations.
Sec. 871. Short title.
Sec. 872. Limitation.
SEC. 802. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) Teenage
drug use in the United States has doubled since 1993.
(2) The drug
crisis facing the United States is a top national security
threat.
(3) The spread of illicit drugs through United States borders
cannot be halted without an effective drug interdiction strategy.
(4)
Effective drug interdiction efforts have been shown to limit the
availability of illicit narcotics, drive up the street price, support
demand reduction efforts, and decrease overall drug trafficking and
use.
(5) A prerequisite for reducing youth drug use is increasing the
price of drugs. To increase price substantially, at least 60 percent of
drugs must be interdicted.
(6) In 1987, the national drug control
budget maintained a significant balance between demand and supply
reduction efforts, illustrated as follows:
(A) 29 percent of the
total drug control budget expenditures for demand reduction
programs.
(B) 38 percent of the total drug control budget
expenditures for domestic law enforcement.
(C) 33 percent of the
total drug control budget expenditures for international drug
interdiction efforts.
(7) In the late 1980's and early 1990's,
counternarcotic efforts were successful, specifically in protecting the
borders of the United States from penetration by illegal narcotics
through increased seizures by the United States Coast Guard and other
agencies, including a 302 percent increase in pounds of cocaine seized
between 1987 and 1991.
(8) Limiting the availability of narcotics to
drug traffickers in the United States had a promising effect as
illustrated by the decline of illicit drug use between 1988 and 1991,
through a--
(A) 13 percent reduction in total drug use;
(B) 35
percent drop in cocaine use; and
(C) 16 percent decrease in marijuana
use.
(9) In 1993, drug interdiction efforts in the transit zones were
reduced due to an imbalance in the national drug control strategy. This
trend has continued through 1995 as shown by the following
figures:
(A) 35 percent for demand reduction programs.
(B) 53
percent for domestic law enforcement.
(C) 12 percent for
international drug interdiction efforts.
(10) Supply reduction
efforts became a lower priority for the Administration and the seizures
by the United States Coast Guard and other agencies decreased as shown
by a 68 percent decrease in the pounds of cocaine seized between 1991
and 1996.
(11) Reductions in funding for comprehensive interdiction
operations like OPERATION GATEWAY and OPERATION STEELWEB, initiatives
that encompassed all areas of interdiction and attempted to disrupt the
operating methods of drug smugglers along the entire United States
border, have created unprotected United States border areas which
smugglers exploit to move their product into the United States.
(12)
The result of this new imbalance in the national drug control strategy
caused the drug situation in the United States to become a crisis with
serious consequences including--
(A) doubling of drug-abuse-related
arrests for minors between 1992 and 1996;
(B) 70 percent increase in
overall drug use among children aged 12 to 17;
(C) 80 percent
increase in drug use for graduating seniors since 1992;
(D) a sharp
drop in the price of 1 pure gram of heroin from $1,647 in 1992 to $966
in February 1996; and
(E) a reduction in the street price of 1 gram
of cocaine from $123 to $104 between 1993 and 1994.
(13) The
percentage change in drug use since 1992, among graduating high school
students who used drugs in the past 12 months, has substantially
increased--marijuana use is up 80 percent, cocaine use is up 80 percent,
and heroin use is up 100 percent.
[[Page H11232]]
(14) The Department of Defense has been called upon to support
counter-drug efforts of Federal law enforcement agencies that are
carried out in source countries and through transit zone interdiction,
but in recent years Department of Defense assets critical to those
counter-drug activities have been consistently diverted to missions that
the Secretary of Defense and the Chairman of the Joint Chiefs of Staff
consider a higher priority.
(15) The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, through the Department of Defense
policy referred to as the Global Military Force Policy, has established
the priorities for the allocation of military assets in the following
order: (1) war; (2) military operations other than war that might
involve contact with hostile forces (such as peacekeeping operations and
noncombatant evacuations); (3) exercises and training; and (4)
operational tasking other than those involving hostilities (including
counter-drug activities and humanitarian assistance).
(16) Use of
Department of Defense assets is critical to the success of efforts to
stem the flow of illegal drugs from source countries and through transit
zones to the United States.
(17) The placement of counter-drug
activities in the fourth and last priority of the Global Military Force
Policy list of priorities for the allocation of military assets has
resulted in a serious deficiency in assets vital to the success of
source country and transit zone efforts to stop the flow of illegal
drugs into the United States.
(18) At present the United States faces
few, if any, threats from abroad greater than the threat posed to the
Nation's youth by illegal and dangerous drugs.
(19) The conduct of
counter-drug activities has the potential for contact with hostile
forces.
(20) The Department of Defense counter-drug activities
mission should be near the top, not among the last, of the priorities
for the allocation of Department of Defense assets after the first
priority for those assets for the war- fighting mission of the
Department of Defense.
(b) Statement of Policy.--It is the policy of
the United States to--
(1) reduce the supply of drugs and drug use
through an enhanced drug interdiction effort in the major drug transit
countries, as well support a comprehensive supply country eradication
and crop substitution program, because a commitment of increased
resources in international drug interdiction efforts will create a
balanced national drug control strategy among demand reduction, law
enforcement, and international drug interdiction efforts; and
(2)
develop and establish comprehensive drug interdiction and drug
eradication strategies, and dedicate the required resources, to achieve
the goal of reducing the flow of illegal drugs into the United States by
80 percent by as early as January 1, 2003.
SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND TRANSIT COUNTRIES.
(a) Authorization of Appropriations.--Funds are authorized to be
appropriated for the Department of the Treasury for fiscal years 1999,
2000, and 2001 for the enhancement of radar coverage in drug source and
transit countries in the total amount of $14,300,000 which shall be
available for the following purposes:
(1) For restoration of radar,
and operation and maintenance of radar, in the Bahamas.
(2) For
operation and maintenance of ground-based radar at Guantanamo Bay Naval
Base, Cuba.
(b) Report.--Not later than January 31, 1999, the
Secretary of Defense, in conjunction with the Director of Central
Intelligence, shall submit to the Committee on National Security, the
Committee on International Relations, and the Permanent Select Committee
on Intelligence of the House of Representatives and the
Committee on Armed Services, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate a report examining the
options available to the United States for improving Relocatable Over
the Horizon (ROTHR) capability to provide enhanced radar coverage of
narcotics source zone countries in South America and transit zones in
the Eastern Pacific. The report shall include--
(1) a discussion of
the need and costs associated with the establishment of a proposed
fourth ROTHR site located in the source or transit zones; and
(2) an
assessment of the intelligence specific issues raised if such a ROTHR
facility were to be established in conjunction with a foreign
government.
SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.
(a) Operating Expenses.--For operating expenses of the Coast Guard
associated with expansion of drug interdiction activities around Puerto
Rico, the United States Virgin Islands, and other transit zone areas of
operation, there is authorized to be appropriated to the Secretary of
Transportation $151,500,000 for each of fiscal years 1999, 2000, and
2001. Such amounts shall include (but are not limited to) amounts for
the following:
(1) For deployment of intelligent acoustic detection
buoys in the Florida Straits and Bahamas.
(2) For a nonlethal
technology program to enhance countermeasures against the threat of
transportation of drugs by so-called Go-Fast boats.
(b) Acquisition,
Construction, and Improvement.--
(1) In general.--For acquisition,
construction, and improvement of facilities and equipment to be used for
expansion of Coast Guard drug interdiction activities, there is
authorized to be appropriated to the Secretary of Transportation for
fiscal year 1999 the total amount of $630,300,000 which shall be
available for the following purposes:
(A) For maritime patrol
aircraft sensors.
(B) For acquisition of deployable pursuit
boats.
(C) For the acquisition and construction of up to 15 United
States Coast Guard Coastal Patrol Boats.
(D) For--
(i) the
reactivation of up to 3 United States Coast Guard HU-25 Falcon
jets;
(ii) the procurement of up to 3 C-37A aircraft; or
(iii) the
procurement of up to 3 C-20H aircraft.
(E) For acquisition of
installed or deployable electronic sensors and communications systems
for Coast Guard Cutters.
(F) For acquisition and construction of
facilities and equipment to support regional and international law
enforcement training and support in Puerto Rico, the United States
Virgin Islands, and the Caribbean Basin.
(G) For acquisition or
conversion of maritime patrol aircraft.
(H) For acquisition or
conversion of up to 2 vessels to be used as Coast Guard Medium or High
Endurance Cutters.
(I) For acquisition or conversion of up to 2
vessels to be used as Coast Guard Cutters as support, command, and
control platforms for drug interdiction operations.
(J) For
acquisition of up to 6 Coast Guard Medium Endurance Cutters.
(2)
Continued availability.--Amounts appropriated under this subsection may
remain available until expended.
(c) Requirement To Accept Patrol
Craft From Department of Defense.--The Secretary of Transportation shall
accept, for use by the Coast Guard for expanded drug interdiction
activities, 7 PC-170 patrol craft if offered by the Department of
Defense.