[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2610 Referred in Senate (RFS)]

  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

_______________________________________________________________________

                                 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 Representatives 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''.
    (b) Amendment References.--Except as otherwise expressly provided, 
whenever in this Act an amendment 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 provision 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 Reduction, a Deputy Director for Supply 
Reduction, a Deputy 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 Reduction, the Deputy Director 
for Supply Reduction, the Deputy Director for State and Local Affairs, 
and the Deputy Director of Intelligence shall assist the Director in 
carrying 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 Affairs.''.
    (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 Director,'';
                    (B) in each of paragraphs (1) and (2), by striking 
                ``and the Associate Director for National 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 Deputy 
                Director, or Associate Director'' and inserting ``or as 
                a Deputy Director''.
            (2) Deadline for nomination.--The President shall submit to 
        the Senate nominations of individuals for appointment as the 
        Deputy Director of the Office of National Drug Control Policy, 
        the Deputy Director for Demand Reduction, the Deputy Director 
        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 director.--The 
        individual serving on the date of the enactment of this Act as 
        Associate Director for National 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 accordance 
        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 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 National 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 paragraph (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 follows:
            ``(1) establish Federal policies, objectives, goals, 
        priorities, and performance measures (including specific annual 
        agency targets expressed in terms of precise percentages) for 
        the National Drug Control Program and for each National Drug 
        Control Program 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 
                population of the United States or less by December 31, 
                2001, and achievement of at least 25 percent of such 
                reduction during each of 1998, 1999, 2000, and 2001;
                    ``(C) reduction of the availability of cocaine, 
                heroin, marijuana, and methamphetamine 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 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, 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 influence 
                        of unlawful drugs; and
                            ``(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
                    ``(F) 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, 2001;'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) coordinate, oversee, and evaluate the effectiveness 
        of the implementation of the policies, objectives, goals, 
        performance measures, and priorities established 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 nongovernmental 
        entities involved in demand reduction'' after ``governments'';
            (4) by striking ``and'' at the end of paragraph (7);
            (5) by striking the period at the end of paragraph (8) and 
        inserting a semicolon; and
            (6) by adding at the end the following new paragraphs:
            ``(9) require each National Drug Control Program 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 
        performance measures referred to in paragraph (1), 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;
            ``(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 summary 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 control program goals of 
                the agency using the performance measures described in 
                paragraph (1);
            ``(11) 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;
            ``(12) submit to Congress not later than April 1 of each 
        year the information submitted to the Director under paragraph 
        (11);
            ``(13) submit to Congress not later than August 1 of each 
        year a report including--
                    ``(A) the budget guidance provided by the Director 
                to each National Drug Control Program agency for the 
                fiscal year in which the report is submitted and for 
                the other fiscal years within the applicable five-year 
                budget plan relating to such fiscal year; and
                    ``(B) a summary of the request of each National 
                Drug Control Program agency to the Director under this 
                Act (prior to review of the request by the Office of 
                Management and Budget) for the resources required to 
                achieve the targets of the agency under this Act;
            ``(14) act as a representative of the President before 
        Congress on all aspects of the National Drug Control Program;
            ``(15) act as the primary spokesperson of the President on 
        drug issues;
            ``(16) make recommendations to National Drug Control 
        Program agency heads with respect to implementation of Federal 
        counter-drug programs;
            ``(17) 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; and
            ``(18) 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.''.
    (b) Survey of Drug Use.--(1) The University of Michigan shall not 
be prohibited under any law from conducting the survey of drug use 
among young people in the United States known as the Monitoring the 
Future Survey.
    (2) The National Parents' Resource Institute for Drug Education in 
Atlanta, Georgia, shall not be prohibited 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 Control Program 
        agencies to provide the Director with statistics, studies, 
        reports, and any other information regarding Federal control of 
        drug abuse;
            ``(11) require the heads of National Drug Control Program 
        agencies to provide the Director with information regarding any 
        position (before an individual is nominated for such position) 
        that--
                    ``(A) relates to the National Drug Control Program;
                    ``(B) is at or above the level of Deputy Assistant 
                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 effectiveness of implementation of 
        the National Drug Control Strategy.''.

SEC. 5. SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY.

    (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;'';
            (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 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.'';
            (6) in paragraph (4)--
                    (A) in subparagraph (B), by amending clauses (i) 
                through (vi) to read as follows:
                    ``(i) the quantities of cocaine, heroin, marijuana, 
                methamphetamine, ecstasy, and rohypnol available for 
                consumption in the United States;
                    ``(ii) the amount of cocaine, heroin, marijuana, 
                ecstasy, rohypnol, methamphetamine, 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, 
                cocaine, heroin, and methamphetamine seized;
                    ``(v) the number of cocaine and methamphetamine 
                processing labs destroyed domestically and in other 
                countries;
                    ``(vi) changes in the price and purity of heroin 
                and cocaine, changes in price of methamphetamine, and 
                changes in tetrahydrocannabinol level of marijuana;'';
                    (B) by striking ``and'' at the end of subparagraph 
                (C);
                    (C) by striking the period at the end subparagraph 
                (D) and inserting ``; and''; and
                    (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 inserting ``February 
                1, 1998'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``second'';
                    (C) by striking ``and'' at the end of subparagraph 
                (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 Control Program 
        performance measures described in subsection (a)(2)(A).''.
    (b) Goals and Performance Measures for National Drug Control 
Strategy.--Section 1005(b) is amended--
            (1) in the heading, by striking ``, Objectives, and 
        Priorities'' and inserting ``and Performance Measures'';
            (2) in the matter after the heading, by inserting ``(1)'' 
        before ``Each National Drug Control Strategy'';
            (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 inserting ``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 required by this 
subsection, the Director shall--
            ``(A) establish performance measures and targets expressed 
        in terms of precise percentages for each National Drug Control 
        Strategy goal and objective;
            ``(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 Control Program 
        agencies;
            ``(D) identify programs and activities of National 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 program activities 
        supporting the National Drug Control Strategy;
            ``(F) monitor consistency between the drug-related 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 implementation of 
        national drug control data collection and reporting systems to 
        support Federal policy formulation 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.''.

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 Director 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 authority 
        under this paragraph is limited in an annual appropriations 
        Act, and with the concurrence of the head of the affected 
        agency and upon advance approval of the Committees on 
        Appropriations and the authorizing committees of the House of 
        Representatives and the Senate, transfer funds appropriated to 
        a National Drug Control Program agency program, activity, or 
        function designated by the Director pursuant to subsection (c) 
        to a different National Drug Control Program agency program, 
        activity, or function designated by the Director pursuant to 
        such subsection in an amount that does not exceed 5 percent 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 transfer 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 report.
    ``(B) The Director shall report to Congress as required 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 population of illegal drug users in the United States 
by December 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 guidelines 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 cabinet-level decisions regarding national drug policy.
    ``(b) Chairman.--The President shall be the Chairman 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 Executive Director of the Drug Policy 
Council established by subsection (a).''.

SEC. 10. DEFINITION OF NATIONAL DRUG CONTROL PROGRAM 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 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;''.

SEC. 11. EXTENSION OF DATE FOR TERMINATION OF OFFICE 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 APPROPRIATIONS.

    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 measures (as 
        described in section 1003(b)(1) of the National Narcotics 
        Leadership Act of 1998 (21 U.S.C. 1502(b)(1)), and specific 
        initiatives with respect to 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) Administration.--''; 
        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 appointed 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.

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.

            Passed the House of Representatives October 21, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.