[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1144 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1144

   To enhance the authorities and responsibilities of the Office of 
         National Drug Control Policy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 23 (legislative day, June 22), 1993

 Mr. DeConcini introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 



   To enhance the authorities and responsibilities of the Office of 
         National Drug Control Policy, and for other purposes.

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

SECTION 1. NATIONAL DRUG CONTROL PROGRAM BUDGET.

    Section 1003(c) of the National Narcotics Leadership Act of 1988 
(21 U.S.C. 1502 et seq.) is amended--
            (1) by redesignating paragraphs (5), (6), and (7), as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
    ``(5) The Director shall request the head of a department or agency 
to include in the department or agency's budget submission to the 
Office of Management and Budget funding requests for specific 
initiatives that are consistent with the President's priorities for the 
National Drug Control Strategy and certifications made pursuant to 
paragraph (3), and the head of the department or agency shall comply 
with such a request.''.

SEC. 2. CONTROL OF DRUG-RELATED RESOURCES.

    Section 1003 of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1502) is amended--
            (1) in subsection (d)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) request the head of a department of agency to place 
        department or agency 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;
                    (B) by striking ``and'' at the end of paragraph 
                (6);
                    (C) by striking the period at the end of paragraph 
                (7) and inserting a semicolon; and
                    (D) by adding after paragraph (7) the following new 
                paragraphs:
            ``(8) except to the extent that the Director's authority 
        under this paragraph is limited in an annual appropriation Act 
        by specific reference to this paragraph, transfer funds 
        appropriated to a National Drug Control Program agency account 
        to a different National Drug Control Program agency account in 
        an amount that does not exceed 2 percent of the amount 
        appropriated to either account, after having received the 
        approval of the Committee on Appropriations of each House of 
        Congress; and
            ``(9) in order to ensure compliance with the National Drug 
        Control Program, issue to the head of a National Drug Control 
        Program agency a funds control notice described in subsection 
        (f).''; and
            (2) by adding at the end the following new subsections:
    ``(f) Funds Control Notices.--(1) A funds control notice may direct 
that all or part of an amount appropriated to the National Drug Control 
Program agency account be obligated by--
            ``(A) months, fiscal year quarters, or other time periods; 
        and
            ``(B) activities, functions, projects, or object classes.
    ``(2) An officer or employee of a National Drug Control Program 
agency shall not make or authorize an expenditure or obligation 
contrary to a funds control notice issued by the Director.
    ``(3) In the case of a violation of paragraph (2) by an officer or 
employee of a National Drug Control Program agency, the head of the 
agency, upon the request of and in consultation with the Director, may 
subject the officer or employee to appropriate administrative 
discipline, including, when circumstances warrant, suspension from duty 
without pay or removal from office.
    ``(g) Limit on Number of Political Appointees.--Not more than 10 
percent of the members of the officers and employees of the Office of 
National Drug Control Policy (including the Director, Deputy Directors, 
and Associate Directors) may be in positions that are--
            ``(1) positions of a confidential or policy-determining 
        character under Schedule C of subpart C of part 213 of title 5, 
        Code of Federal Regulations;
            ``(2) Senior Executive Service positions filled by 
        noncareer appointees; or
            ``(3) positions on the Executive Schedule under subchapter 
        II of chapter 53 of title 5, United States Code.
    ``(h) Prohibition on Political Campaigning.--No Federal officer in 
the Office of the National Drug Control Policy who is appointed by the 
President, by and with the advice and consent of the Senate, may use 
his official authority or influence for partisan political purposes.''.

SEC. 3. SPECIAL FORFEITURE FUND AMENDMENTS.

    (a) Establishment of Fund.--Section 6073 of the Asset Forfeiture 
Amendments Act of 1988 (21 U.S.C. 1509) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Transfers From Other Funds.--
            ``(1) Department of justice deposits.--(A) On October 1 of 
        each of fiscal years 1994, 1995, 1996, 1997, and 1998, the 
        Attorney General shall estimate, with the concurrence of the 
        Director, the excess unobligated balance anticipated as of 
        September 30 in the Department of Justice Assets Forfeiture 
        Fund established under section 524(c) of title 28, United 
        States Code. For fiscal year 1993, the excess unobligated 
        balance as of September 30 shall be estimated within 15 days 
        after the date of enactment of this paragraph.
            ``(B) In each of fiscal years 1993, 1994, 1995, 1996, 1997, 
        and 1998, the Attorney General shall transfer to the Fund the 
        excess unobligated balance estimated under subparagraph (A). 
        Such transfers shall be made at the end of each quarter of a 
        fiscal year on a pro rata basis. In order to account for 
        unanticipated fluctuations in the Department of Justice Assets 
        Forfeiture Fund balance during a fiscal year, the transfer at 
        the end of the fourth quarter of each fiscal year shall be 
        adjusted by the Attorney General, with the concurrence of the 
        Director, so that the transfer is equal to the actual remaining 
        excess unobligated balance in the Department of Justice Assets 
        Forfeiture Fund on September 30. Transfers under this 
        subparagraph shall be made only to the extent that the 
        aggregate amount of such transfers during a fiscal year does 
        not exceed $150,000,000.
            ``(2) Department of the treasury deposits.--(A) On October 
        1 of each of fiscal years 1994, 1995, 1996, 1997, and 1998, the 
        Secretary of the Treasury shall estimate, with the concurrence 
        of the Director, the excess unobligated balance anticipated as 
        of September 30 in the Department of the Treasury Forfeiture 
        Fund established under section 9703 of title 31, United States 
        Code. For fiscal year 1993, the excess unobligated balance as 
        of September 30 shall be estimated within 15 days after the 
        date of enactment of this paragraph.
            ``(B) In each of fiscal years 1993, 1994, 1995, 1996, 1997, 
        and 1998, the Secretary of the Treasury shall transfer to the 
        Fund the excess unobligated balance estimated under 
        subparagraph (A). Such transfers shall be made at the end of 
        each quarter of a fiscal year on a pro rata basis. In order to 
        account for unanticipated fluctuations in the Department of the 
        Treasury Forfeiture Fund balance during a fiscal year, the 
        transfer at the end of the fourth quarter of each fiscal year 
        shall be adjusted by the Secretary of the Treasury, with the 
        concurrence of the Director, so that the transfer is equal to 
        the actual remaining excess unobligated balance in the 
        Department of the Treasury Forfeiture Fund on September 30. 
        Transfers under this subparagraph shall be made only to the 
        extent that the aggregate amount of such transfers during a 
        fiscal year does not exceed $150,000,000.''.
            (2) by redesignating subsections (c), (d), (e), and (f), as 
        subsections (e), (f), (g), and (h), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Super Surplus.--(1) Any unobligated balance up to $20,000,000 
remaining in the Fund on September 30 of a fiscal year shall be 
available to the Director, subject to appropriation and subject to 
paragraph (2), to transfer to, and for obligation and expenditure in 
connection with drug control activities of, any Federal agency or State 
or local entity with responsibilities under the National Drug Control 
Strategy.
    ``(2) A transfer may be made under paragraph (1) only with the 
advance written approval of the Committee on Appropriations of each 
House of Congress.''.
    (b) Conforming Amendments.--
            (1)  Department of justice assets forfeiture fund.--Section 
        524(c)(9) of title 28, United States Code, is amended--
                    (A) by striking subparagraph (B) and inserting the 
                following new paragraph:
    ``(B) The Attorney General shall make transfers from the Fund to 
the Office of National Drug Control Policy's Special Forfeiture Fund in 
the manner provided in section 6073(b)(1) of the Asset Forfeiture 
Amendments Act of 1988 (21 U.S.C. 1509(b)(1)).'';
                    (B) by striking subparagraph (C); and
                    (C) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (C) and (D), respectively.
            (2) Department of the treasury forfeiture fund.--Section 
        9703(g) of title 31, United States Code, is amended by striking 
        paragraphs (3) and (4) and inserting the following new 
        paragraph:
            ``(3) The Secretary of the Treasury shall make transfers 
        from the Fund to the Office of National Drug Control Policy's 
        Special Forfeiture Fund in the manner provided in section 
        6073(b)(2) of the Asset Forfeiture Amendments Act of 1988 (21 
        U.S.C. 1509(b)(2)).''.

SEC. 4. COORDINATION WITH EXECUTIVE BRANCH AGENCIES.

    Section 1004 of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1503) is amended--
            (1) in subsection (a) by amending paragraph (1) to read as 
        follows:
    ``(1) Each Federal Government program manager, agency head, or 
department head with responsibilities under the National Drug Control 
Strategy shall provide such information (including reports, memoranda, 
letters, studies, surveys, and information maintained in data 
collection systems) for purposes of drug control as the Director may 
request. Information shall be transmitted timely and in such manner and 
format as may be prescribed by the Director.'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) National Drug Control Data Collection Systems.--(1) For each 
National Drug Control Program agency, the Director may designate 
certain data collection systems as being essential for drug control 
purposes.
    ``(2) The Director may require data collection systems designated 
under paragraph (1) to be modified in accordance with standards 
established by the Director to ensure appropriate scope and coverage of 
data collection.''; and
            (4) by striking subsection (c)(2) (as redesigned by 
        paragraph (2)) and inserting the following new paragraph:
    ``(2) An officer or employee of a National Drug Control Program 
Agency shall not take any action to implement a change in the drug 
control policy of the agency unless the policy change has been 
certified in advance by the Director under paragraph (1) as being 
consistent with the National Drug Control Strategy.''.

SEC. 5. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.

    Section 1009 of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1506) is amended by striking ``the date which is 5 years after 
the date of the enactment of this subtitle'' and inserting ``September 
30, 1998''.

SEC. 6. DIRECTOR AS A MEMBER OF THE CABINET.

    The Director of National Drug Control Policy shall be a member of 
the President's Cabinet.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 1011 of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1508) is amended by striking ``4'' and inserting ``9''.

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