[Congressional Record Volume 143, Number 148 (Wednesday, October 29, 1997)]
[Extensions of Remarks]
[Pages E2122-E2123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS OF 1997

                                 ______
                                 

                               speech of

                         HON. THOMAS M. BARRETT

                              of wisconsin

                    in the house of representatives

                       Tuesday, October 21, 1997

  Mr. BARRETT of Wisconsin. Mr. Speaker, I am opposed to H.R. 2610, the 
National Narcotics Leadership Act, in its current form. This bill would 
reauthorize the Office of National Drug Control Policy [ONDCP]. It was 
considered by the Government Reform and Oversight Committee on October 
7, 1996. No hearings were held on this legislation and there was no 
subcommittee consideration of the bill. A number of amendments were 
offered by Democratic members. The bill was considered under suspension 
of the rules on Tuesday, October 21, 1997, over the objections of 
myself and Representative Henry A. Waxman, ranking minority member of 
the Government Reform and Oversight Committee.
  The cornerstone of H.R. 2610 is a series of targets for reducing drug 
use. We support the concept of setting targets for reductions in drug 
use by adults and children. These targets should be aggressive, but 
they should also be realistic and based on the best available evidence 
and expert opinion.
  Unfortunately, the targets in H.R. 2610 do not appear to meet these 
tests. Rather, they appear to lack a substantive basis and to be 
politically designed for failure. According to the President's Office 
of National Drug Control Policy [ONDCP], ``the unrealistic targets set 
forth in H.R. 2610 could hurt our efforts against drug use when the 
public, seeing the inevitable failure to meet these goals, becomes 
convinced the effort is lost.'' Since our Committee held no hearings on 
H.R. 2610, there is no record to support the targets established in the 
legislation.
  The target for teenage drug use in H.R. 2610 illustrates the problems 
in the legislation. Teenage drug use is an extraordinarily serious 
problem. Drug use by teenagers has increased by 50 percent since 1992. 
Clearly, we need a focused national effort to reduce teen drug use 
dramatically. H.R. 2610, however, requires the executive branch to 
reduce teenage drug use by 90 percent by 2001. To achieve these 
reductions, ONDCP would have to reduce drug use by teenagers to just 3 
percent of the teenage population in just four years--a level that is 
67 percent below the lowest level of teen drug use achieved at any time 
since 1976, when records were first kept. There is simply no evidence 
that these reductions are achievable in just 4 years.
  Another serious problem is that H.R. 2610 ignores the two substances 
most commonly abused by children--tobacco and alcohol. An effective 
drug control strategy has to include tobacco and alcohol because these 
are ``gateway'' substances to drug use. Statistics show that children 
who drink and smoke are 30 times more likely to use cocaine or heroin 
than children who don't. Unfortunately, the Republican members of the 
committee unanimously voted against establishing targets for reducing 
teenage use of tobacco and alcohol. This vote was especially ironic 
given that the Speaker criticizes the President's initiatives to reduce 
teen tobacco use on the grounds that these initiatives are too narrowly 
focused and don't prevent substance abuse on a broader basis.
  There are a number of other problems with H.R. 2610. The bill 
authorizes ONDCP for only 2 years, making it impossible for the agency 
to plan to meet the 4-year targets in the legislation. General 
McCaffrey has requested a twelve-year reauthorization. A 2-year 
reauthorization is especially troubling since the targets established 
by the bill are for 2001. It makes little sense to sunset ONDCP when it 
is only halfway to reaching the goals contained in the bill. It will 
only cause confusion and hamper ONDCP's effectiveness. A 2-year 
reauthorization will also set up ONDCP for yet another reauthorization 
fight on the eve of a Presidential election, further politicizing the 
issue.
  H.R. 2610 also prohibits the use of High Intensity Drug Trafficking 
Area [HIDTA] funds for drug treatment programs. Under the HIDTA 
program, the Director of ONDCP has the authority to designate High 
Intensity Drug Trafficking Areas, and to reassign Federal personnel to 
work together with local, State, and Federal drug control agencies. 
HIDTA's have a law enforcement focus, but a few have successfully used 
HIDTA funding to coordinate treatment activities as part of an overall 
counter-drug effort. This is entirely appropriate, as the local 
authorities have determined that without coordinating drug treatment 
and law enforcement activities, we will continue to recycle drug 
offenders in unacceptable numbers.
  I would like to include with my statement the President's Statement 
of Administration Policy on H.R. 2610, and a letter from General Barry 
McCaffrey, Director of the Office of National Drug Control Policy, to 
the minority leader, Rep. Gephardt, further elaborating on his 
opposition to this legislation.


[[Page E2123]]


         Executive Office of the President, Office of National 
           Drug Control Policy,
                                 Washington, DC, October 21, 1997.
     Hon. Richard A. Gephardt,
     Democratic Leader, U.S. House of Representatives, Washington, 
         DC.
       Dear Mr. Leader: Thank you for your consideration of H.R. 
     2610 to reauthorize ONDCP. While the Administration strongly 
     supports reauthorization of ONDCP, we have grave reservations 
     about H.R. 2610 in its present form. The attached Statement 
     of Administration Policy provides full details; the purpose 
     of this letter is to highlight those of greatest importance.
       First and foremost, we must construct a realistic roadmap 
     to victory. ONDCP and the federal drug-control agencies have 
     been working diligently to develop a performance measurement 
     system that will lay out targets and measures designed to 
     take the U.S. to historical low levels of drug use (as 
     measured by official government data) within the next ten 
     years. This performance measurement system already reflects 
     thousands of hours of analysis. We are developing a final 
     plan which will establish numerical targets that are both 
     ambitious and achievable. The final plan will take into 
     account known obstacles, such as the two- to three-year lag 
     between noticeable changes in attitudes towards drugs and 
     noticeable changes in behavior, and the time needed to hire 
     and train law-enforcement, drug-treatment, and drug-
     prevention personnel. We believe the unrealistic targets set 
     forth in H.R. 2610 could hurt our efforts against drug use 
     when the public, seeing the inevitable failure to meet these 
     goals, becomes convinced the effort is lost.
       Second, the two-year reauthorization is an inadequate 
     commitment to the national drug control strategy. A two year 
     period does not provide adequate time to implement the ten-
     year plan supported by five-year budgets outlined in the 1997 
     National Drug Control Strategy. Nor is it of sufficient 
     duration to allow ONDCP to compile data and evaluate the 
     effectiveness of drug control programs through the 
     performance measurement system we are developing. Finally, 
     our ability to coordinate the efforts of federal agencies 
     responsible for implementing the Strategy depends, in part, 
     on ONDCP's long-term viability.
       We appreciate your consideration and look forward to 
     working with you to achieve a reauthorization bill that all 
     of us can embrace.
           Respectfully,
                                               Barry R. McCaffrey,
                                                         Director.
       Enclosure.


       
                                  ____
         Executive Office of the President, Office of Management 
           and Budget,
                                 Washington, DC, October 21, 1997.

                   Statement of Administration Policy


          H.R. 2610--National Narcotics Leadership Act of 1997

       The Administration strongly supports reauthorization 
     legislation for the Office of National Drug Control Policy 
     (ONDCP), and has proposed legislation (H.R. 2407) for this 
     purpose. Although H.R. 2610 contains several features of the 
     Administration's proposal, the Administration opposes the 
     bill as reported because it:
       Establishes numerical statutory targets for reducing drug 
     use by the year 2001 that are unrealistic and unattainable in 
     such a short time period. The proposed goals do not take into 
     consideration budget constraints, the two- to three-year lag 
     between noticeable changes in attitudes toward drugs and 
     noticeable changes in behavior, and the time needed to hire 
     and train law enforcement, drug treatment, and drug 
     prevention personnel. The Administration's bill, in contrast, 
     would codify a process for establishing meaningful 
     performance measures without enacting inflexible specific 
     numerical targets into law. That bill, H.R. 2407, would 
     require ONDCP to develop a Performance Measurement System 
     that includes a comprehensive set of objectives, measures, 
     and targets, and that works in conjunction with agency 
     performance plans required by the Government Performance and 
     Results Act of 1993. The specifics of this system will be 
     submitted to the Congress by early 1998.
       Reauthorizes ONDCP for only two years. The Administration's 
     proposal included a 12-year authorization, which is critical 
     to implementation of the 10-year strategy, supported by five-
     year budgets, announced in the 1997 National Drug Control 
     Strategy. Reauthorization must be of sufficient duration to 
     allow ONDCP to compile data and evaluate the effectiveness of 
     the drug control program through the Performance Measurement 
     System it is developing. A two-year reauthorization is also 
     inconsistent with the four-year goals established in H.R. 
     2610.
       Raises Constitutional questions. The bill would authorize 
     the Director of ONDCP to transfer funds among National Drug 
     Control Program (NDCP) agencies with the advance approval of 
     specified congressional committees. The committee approval 
     mechanism is a violation of the Constitution's bicameral, and 
     presentment requirements under the Supreme Court's INS v. 
     Chadha decision. Other provisions that raise Constitutional 
     questions include: the requirement that NDCP agency budget 
     requests be provided to the Congress prior to review by the 
     Office of Management and Budget, the statutory designation of 
     the Director of ONDCP as a member of the President's cabinet; 
     and the designation of the Director of ONDCP as the ``primary 
     spokesperson of the President on drug issues.''
       The Administration will seek amendments to address the 
     objections cited above and in the attachment.

                               Attachment


                   Additional Objections to H.R. 2610

       Other Administration objections to H.R. 2610 include the 
     bill's:
       Excessively burdensome reporting requirements. For example, 
     the bill would require each National Drug Control Program 
     (NDCP) agency to submit semi-annual reports to ONDCP on the 
     agency's progress with respect to the numerical goals 
     established for reducing drug use. ONDCP would be required to 
     submit a semi-annual summary of these reports to Congress. 
     The requirement for semi-annual reporting will provide little 
     additional useful information since most of the relevant data 
     are available for annually or even less frequently. The 
     reporting requirement would only divert attention and 
     resources away from efforts to reduce drug use and its 
     consequences.
       Prohibition of or creation of substantial obstacles to 
     Federal funding for legitimate scientific research into 
     potential uses of controlled substances. H.R. 2610 would 
     require the Director of ONDCP to ensure that no Federal funds 
     are used for research relating to the legalization of a 
     Schedule I substance for any purpose, including medicinal 
     use. This provision could impair legitimate scientific 
     research. Previous research that H.R. 2610 might have 
     prohibited includes work on marinol, a synthetic THC compound 
     that has been found to stimulate the appetite of AIDS 
     patients, and on ibogaine, which is currently being studies 
     for use in treating cocaine- and heroin-dependent addictions.
       Conflicts between the proposed responsibilities of the 
     Director of ONDCP and those of other agencies. H.R. 2610 
     creates a new Deputy Director for Intelligence but neither 
     delineates the responsibilities of this new position nor 
     distinguishes them from those of the Director of Central 
     Intelligence, thus creating the potential for confusion and 
     duplication of effort. The bill also authorizes the Director 
     of ONDCP to consult with ``appropriate representatives of 
     foreign governments'' without recognizing the role of the 
     State Department, the agency principally responsible for the 
     conduct of foreign policy, or other agencies with authority 
     for conducting or coordinating activities overseas. Finally, 
     the requirement that ONDCP establish performance measures for 
     drug control programs could conflict with the performance 
     measures already developed or under development by NDCP 
     agencies as required by the Government Performance Review Act 
     (GPRA).
       Involvement of the Director of ONDCP in the internal 
     management of other agencies. H.R. 2610 requires the heads of 
     NDCP agencies to provide the Director of ONDCP with 
     unspecified ``information'' about any position (before an 
     individual is nominated for such position) in National Drug 
     Control Program offices or to any position at or above the 
     level of Deputy Assistant Secretary. Although the bill does 
     not specify a formal review or approval responsibility, it 
     suggests a role for the Director that undercuts the authority 
     of other Presidential appointees to manage their agencies.
       Prohibition on the use of High Intensity Drug Trafficking 
     Areas (HIDTA) funds from being used to expand treatment 
     programs. Although the primary goal of HIDTA funding is to 
     improve the coordination of law enforcement activities, it is 
     critical to maintain and improve linkages between the 
     criminal justice system and effective treatment programs.
       Failure to address the under-age use of tobacco and 
     alcohol. The 1991 Drug Strategy issued by ONDCP during the 
     Bush Administration, and every Strategy issued since that 
     time, has included the reduction of under-age use of alcohol 
     and tobacco because these substances are recognized as 
     gateways to illicit drug use. It is critical to codify 
     reducing the under-age use of these substances within the 
     scope of national drug control activities.
       Duplication of Clearinghouse Activities. H.R. 2610 would 
     require ONDCP to develop in interagency clearinghouse to 
     distribute demand-related drug information, thereby 
     duplicating the efforts of existing clearinghouses. This 
     would be a poor use of limited drug control resources.

     

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