[Congressional Record Volume 149, Number 164 (Wednesday, November 12, 2003)]
[Senate]
[Pages S14810-S14815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 1859. A bill to amend title 10, United States Code, to revise the 
age and service requirements for eligibility to receive retired pay for 
non-regular service; to the Committee on Armed Services.
  Mr. DURBIN. Mr. President, today, I am introducing a bill that would 
not only lower the retirement age for reservists but offer incentives 
for members of the National Guard and Reserves to remain longer in the 
service of their country.
  The bill, the Reservists Retention Act of 2003, lowers the age at 
which reservists could draw full retirement benefits. Under current 
law, reservists must complete 20 qualifying years, ``good years'', or 
more in order to retire at age 60. A number of bills have been 
introduced during this Congress that would lower the reserve retirement 
age in various ways: to age 55; or with immediate eligibility as soon 
as

[[Page S14811]]

the reservist completes 20 qualifying years; or with a two-for-one 
formula where for every two years served beyond 20, the reservist will 
earn a one-year drop in the retirement age.
  These bills are all serious attempts to address the growing 
recognition that our Reserve Forces are overburdened and under-
compensated. The Reservists Retention Act of 2003 aims to balance key 
provisions from these bills by allowing reservists who serve beyond the 
requisite 20 qualifying years to retire one year earlier for each year 
of service beyond 20, down to the age of 55. For example, a reservist 
who completes 23 qualifying years would be able to retire at 57; one 
who completes 25 or more years would be able to retire at 55, but no 
earlier than 55.
  In the face of frequent and increasingly long deployments, offering 
this ``one-for-one'' retirement formula for extended service will aid 
in retaining experienced reservists in both the National Guard and 
Reserves beyond the 20-year mark.
  I believe this bill is fair and recognizes the drastically changed 
nature of Reserve service. Since the end of the Cold War, employment of 
our Reserve Forces has shifted profoundly, from being primarily an 
expansion force to augment Active Forces during a major war, to the 
situation today where DoD admits that no significant operation can be 
undertaken without the Reserve Components.
  Right now there are 155,000 National Guard and Reserves who are 
mobilized and on active duty. Another 43,000 reservists have been 
alerted that they can expect to be called up early next year. Those who 
are assigned to Iraq can expect to be away from their families for 18 
months, with 12 months of that time in Iraq.
  We need to clearly demonstrate our commitment to the well being of 
America's reservists and their families. The Reservists Retention Act 
of 2003 acknowledges the increasing stress associated with reserve 
service by providing an incentive to experienced personnel to remain in 
the Reserves or National Guard until retirement.
  They are doing so much for us; we should do no less for them.
  I hope my colleagues will join me in supporting this important 
measure. I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1859

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

     SECTION 1. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR 
                   SERVICE.

       (a) Age and Service Requirements.--Subsection (a) of 
     section 12731 of title 10, United States Code, is amended to 
     read as follows:
       ``(a)(1) Except as provided in subsection (c), a person is 
     entitled, upon application, to retired pay computed under 
     section 12739 of this title, if the person--
       ``(A) satisfies one of the combinations of requirements for 
     minimum age and minimum number of years of service (computed 
     under section 12732 of this title) that are specified in the 
     table in paragraph (2);
       ``(B) performed the last six years of qualifying service 
     while a member of any category named in section 12732(a)(1) 
     of this title, but not while a member of a regular component, 
     the Fleet Reserve, or the Fleet Marine Corps Reserve, except 
     that in the case of a person who completed 20 years of 
     service computed under section 12732 of this title before 
     October 5, 1994, the number of years of qualifying service 
     under this subparagraph shall be eight; and
       ``(C) is not entitled, under any other provision of law, to 
     retired pay from an armed force or retainer pay as a member 
     of the Fleet Reserve or the Fleet Marine Corps Reserve.
       ``(2) The combinations of minimum age and minimum years of 
     service required of a person under subparagraph (A) of 
     paragraph (1) for entitlement to retired pay as provided in 
     such paragraph are as follows:

``Age, in years, The minimum years of service required for that age is:
  55............................................................25 ....

  56............................................................24 ....

  57............................................................23 ....

  58............................................................22 ....

  59............................................................21 ....

  60.........................................................20.''.....

       (b) 20-Year Letter.--Subsection (d) of such section is 
     amended by striking ``the years of service required for 
     eligibility for retired pay under this chapter'' in the first 
     sentence and inserting ``20 years of service computed under 
     section 12732 of this title.''.
       (c) Effective Date.--This section and the amendments made 
     by this subsection (a) shall take effect on the first day of 
     the first month beginning on or after the date of the 
     enactment of this Act and shall apply with respect to retired 
     pay payable for that month and subsequent months.

      By Mr. HATCH (for himself, Mr. Biden, and Mr. Grassley):
  S. 1860. A bill to reauthorize the Office of National Drug Control 
Policy; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President. I rise to introduce with my colleagues, 
Senators Biden and Grassley, ``The Office of National Drug Control 
Policy Reauthorization Act of 2003.'' This bill is a forward-looking 
measure which will strengthen the Office of National Drug Control 
Policy as we face the new challenges posed by illegal drugs.
  I want to thank my colleagues Senators Biden and Grassley for working 
with me to draft this important legislation. Senator Biden has a long 
and impressive record in addressing the problem of illegal drugs. He is 
considered the father of ONDCP. He had the vision, the commitment, and 
the dedication to make it a reality. I thank him again for his work on 
this proposal that we are introducing today.
  I also want to thank Senator Grassley for his work on this important 
legislation. Senator Grassley has been a tireless advocate in fighting 
illegal drugs. As the chair of the Senate Caucus on International 
Narcotics Control, Senator Grassley has demonstrated leadership and 
commitment in addressing issues relating to domestic and international 
drug trafficking.
  The bipartisan legislation we are introducing today reauthorizes 
ONDCP for 5 years and provides ONDCP with the necessary tools and 
resources to: Develop national drug control policy; coordinate and 
oversee the implementation of the national drug control policy; assess 
and certify the adequacy of national drug control programs and the 
budget for those programs; evaluate the effectiveness of National Drug 
Control Program agencies' programs; and develop specific goals and 
performance measurements needed to assess the effectiveness of the 
national drug control policy and the programs of the national drug 
control program agencies.
  The legislation includes a number of reforms which will enhance 
ONDCP's ability to serve as the coordinator of Federal, State, and 
local policies aimed at reducing the availability of, and demand for, 
illegal drugs. The bill: 1. expands ONDCP's role and authority in 
overseeing the performance of federal agencies' drug control programs, 
and requires ONDCP to develop specific goals and measurements to assess 
the performance of Federal agencies; 2. requires ONDCP to develop a new 
performance measurement system which includes annual and 5-year 
objectives for assessing the National Drug Control Strategy; 3. expands 
and increases authorized funding for the High Intensity Drug 
Trafficking Areas Program designed to reduce illegal Drug trafficking 
and drug production activities in designated areas; 4. creates a new 
emerging threat fund for ONDCP to allocated to individual HIDTAs to 
respond to emerging drug trafficking threats in specific HIDTAs; 5. 
improves the Counter-Drug Technology Transfer program to provide 
increased technologies for State and local law enforcement agencies, 
and reforms the program to ensure timely delivery of such technologies; 
and 6. reauthorizes and enacts reforms to the National Youth Anti-Drug 
Media Campaign to ensure responsible use of Federal funds used to 
support the campaign.
  I want to take a moment to address several specific issues. First, I 
am a strong supporter of the HIDTA program. The HIDTA program brings 
together Federal, State, and local law enforcement, promotes 
intelligence sharing among these law enforcement agencies, and ensures 
coordinated and effective law enforcement strategies. The HIDTA program 
has proven successful, and is even more important today because of the 
FBI's need to reallocate resources from drug enforcement to terrorism. 
Given this reality, it is critical that we support the HIDTA program as 
an important resource in the fight against illegal drug traffickers.
  Second, I want to express my continued support for the National Youth 
Anti-Drug Medical Campaign. While I know the campaign has suffered from 
some management problems in the last few years, I am confident that the 
campaign is on the right track. I want to commend ONDCP Director John 
Walters and The Partnership for a Drug-Free America President Roy 
Bostock

[[Page S14812]]

for their commitment to working together, and for the steps they have 
taken to ensure that the campaign operates effectively.
  The legislation includes specific reforms which will support the 
campaign and make sure that it operates in a cost-effective manner. 
Specifically, the bill: 1. Delineates the specific roles and 
responsibilities of ONDCP, the Partnership and a media buying 
contractor; 2. restricts the use of funds for creative development of 
advertisements, except for advertisements intended to reach a minority, 
ethnic or other special audience that cannot be otherwise obtained from 
the Partnership; 3. requires the Director to obtain no-cost matches of 
advertising broadcast times, print space or in-kind contributions which 
directly relate to substance abuse prevention and specially promote the 
purposes of the campaign; 4. disqualifies any corporation, partnership 
or individual from bidding on a media buying contract if such entity, 
within the last 10 years, in connection with the national media 
campaign has been convicted of any Federal criminal offense, subject to 
any Federal civil judgment or penalty in a civil proceeding involving 
the United States; or settled any Federal civil proceeding or potential 
proceeding; and 5. provides financial and performance accountability 
requirements for the campaign.
  I also wanted to highlight title VII of the bill--Drug Abuse 
Education, Prevention, and Treatment. These provisions, which Senators 
Biden, Grassley, Leahy and I authored in the 107th Congress as part of 
S. 304, provide much-needed education, prevention and treatment 
resources which are so critical to reducing the demand for illegal 
drugs. As I have said before, our national drug strategy must embrace a 
comprehensive policy that reduces the demand for, as well as the supply 
of, drugs. To reduce the demand for drugs, we must redouble our efforts 
at prevention and treatment. This Nation's battle with substance abuse 
can be successful only through a balanced approach--one that supports 
law enforcement but at the same time promotes education, prevention and 
treatment.
  Title VII of the bill includes a proposal to establish residential 
drug treatment facilities for drug-addicted women who have young 
children. Such facilities are in short supply in this the country, and 
the problem has grown worse with an ever increasing number of women 
with children who are abusing drugs.
  Treatment is even more imperative for our troubled juveniles, the 
vast majority of whom will go on to lead productive lives if we can 
just break the addiction cycle. This bill provides 
substantial resources to States for juvenile residential treatment 
facilities and to Federal, State, and local agencies and private 
service providers to coordinate the delivery of mental health and 
substance abuse services to children at risk.

  Finally, the bill eliminates a restriction in the Controlled 
Substances Act and will permit medical practitioners to provide drug 
addiction treatment in group practices. This provision will expand 
treatment options for thousands of patients who have been denied access 
to critical addiction treatments.
  The proposed legislation we are introducing today will ensure that 
Congress provides the required oversight--and support of--ONDCP as it 
continues its critical role of coordinating our National Drug Control 
Strategy to ensure that we reduce the availability of, and demand for, 
illegal drugs in our country. I urge my colleagues to support this 
important legislation.
  I ask unanimous consent that a section-by-section analysis be printed 
in the Record.
  There being no objection, the analysis was ordered to be printed in 
the Record, as follows:

  Office of National Drug Control Policy Reauthorization Act of 2003 
                      Section-by-Section Analysis


  title i--organization of office of national drug control policy and 
                       roles and responsibilities

       Sec. 101. Amendments to Definitions. This section updates 
     the definitions for ``Demand Reduction'', ``Office'', ``State 
     and Local Affairs'', and ``Supply Reduction'', and adds a 
     definition for ``Appropriate Congressional Committees''.
       Sec. 102. Establishment of the Office of National Drug 
     Control Policy. This section expands the responsibilities of 
     ONDCP to require ONDCP to evaluate the effectiveness of 
     National Drug Control Program Agencies' programs, and to 
     develop specific goals and performance measurements relevant 
     to assessing these programs. This section also defines the 
     responsibilities of the Director, and four Deputy Directors.
       Sec. 103. Appointment and Responsibilities of the Director. 
     This section clarifies succession of the Director and Deputy 
     Directors when vacancies occur; specifies additional 
     responsibilities for the Director and ONDCP; clarifies 
     ONDCP's fund control notice authority and requires 
     appropriate reporting to Congress of such notices; creates a 
     United States Interdiction Coordinator; and requires ONDCP to 
     submit to Congress a comprehensive strategy to address the 
     increased threat from South American heroin.
       Sec. 104. Amendments to Ensure Coordination With Other 
     Agencies. This section requires the secretaries of the 
     Interior and Agriculture, Homeland Security, and Defense to 
     submit to ONDCP and Congress reports relating to their 
     agencies' efforts to reduce the cultivation and supply of 
     illegal drugs relevant to the preparation and implementation 
     of the National Drug Control Strategy.


              title ii--the national drug control strategy

       Sec. 201. Annual Preparation and Submission of the National 
     Drug Control Strategy. This section retains the requirement 
     that the President submit to Congress by February 1st of each 
     year a National Drug Control Strategy which sets forth a 
     comprehensive plan for the year to reduce abuse and the 
     consequences of drug abuse by limiting the availability of 
     and demand for illegal drugs. The section also sets forth the 
     required contents of the strategy, and the process for 
     developing the strategy.
       Sec. 202. Performance Measures. This section requires that 
     ONDCP submit with the National Drug Control Strategy a new 
     performance measurement system that includes annual and 5-
     year targets for each of the National Drug Control Strategy 
     goals and objectives.


 title iii--high intensity drug trafficking areas program and counter-
                   drug technology assessment center

       Sec. 301. Purposes of High Intensity Drug Trafficking Areas 
     Program. This section establishes the purposes of the HIDTA 
     program--to reduce drug trafficking and drug production in 
     designated areas in the United States by: (1) facilitating 
     cooperation among federal, state and local law enforcement 
     agencies to share information and implement coordinated 
     enforcement activities; (2) enhancing intelligence sharing 
     among Federal, state and local law enforcement agencies; (3) 
     providing reliable intelligence to law enforcement agencies 
     needed to design effective enforcement strategies and 
     operations; and (4) supporting coordinated law enforcement 
     strategies which maximize use of available resources to 
     reduce the supply of drugs in HIDTA designated areas.
       Sec. 302. Designations of HIDTAs and Evaluation of HIDTA 
     Performance. This section includes minor changes to existing 
     law regarding factors for consideration in designating HIDTAs 
     and consultation with appropriate officials. In addition, the 
     section sets out specific requirements for an initial 
     evaluation of all existing HIDTAs and a requirement for 
     continuing evaluation of HIDTAs as part of the National Drug 
     Control Strategy.
       Sec. 303. Organization of HIDTAs. This section established 
     minimum requirements for organization of HIDTAs, and 
     specifically requires that each HIDTA have an Executive Board 
     responsible for managing the HIDTA comprised of an equal 
     number of representatives from Federal law enforcement and 
     State and local law enforcement agencies.
       Sec. 304. HIDTA Funding. This section authorizes funding 
     for HIDTAs: $280 million for FY 2004; $290 million for FY 
     2005 and 2006; and $300 million for FY 2007 and 2008; 
     requires the Director to submit to Congress a budget 
     justification document each year to support the funding 
     request for each HIDTA; and authorizes the Director to set 
     aside up to 10 percent of the total HIDTA funding request for 
     grants to respond to emerging drug trafficking threats.
       Sec. 305. Assessment of Task Forces in HIDTA Areas. This 
     section requires the Director to submit to Congress, not 
     later than 180 days after the enactment of the Act, a report 
     assessing the number and operation of all task forces within 
     each HIDTA.
       Sec. 306. Funding for Certain HIDTA Areas. This provision 
     dedicates $1 million of High Intensity Drug Trafficking Area 
     money to (1) prevent intimidation of potential witnesses in 
     drug cases and (2) combat drug trafficking by creating a 
     toll-free telephone hotline for use by the public to provide 
     information about drug activity.
       Sec. 307. Report on Intelligence Sharing. This section 
     requires the Director to submit to Congress, not later than 
     180 days after the enactment of the Act, a report 
     evaluating existing and planned intelligence systems in 
     order to ensure effective information sharing among 
     Federal, State and local law enforcement agencies 
     responsible for drug trafficking and drug production 
     enforcement.
       Sec. 308. Counter-Drug Technology Assessment Center. This 
     section revised the title of the Director of Technology to 
     Chief Scientist for Technology; reauthorizes the Technology 
     Transfer Program; establishes procedures and reporting 
     requirements to ensure prompt transfer to technologies to 
     State and local law enforcement agencies; and authorizes use 
     of such technologies for homeland security purposes.

[[Page S14813]]

 title iv--reauthorizaiton and improvement of the national youth anti-
                          drug media campaign

       Sec. 401. Short Title. This section establishes the title, 
     ``National Youth Anti-Drug Media Campaign Reauthorization Act 
     of 2003.''
       Sec. 402. Purposes of the National Anti-Drug Media 
     Campaign. This section clarifies the purposes of the 
     campaign: (1) preventing drug abuse among young people in the 
     United States; (2) increasing awareness of adults of the 
     impact of drug abuse on young people; and (3) encouraging 
     parents and other interested adults to discuss the dangers of 
     drug use with young people.
       Sec. 403. Roles and Responsibilities of the Director, the 
     Responsibilities of the Director, the Partnership for a Drug 
     Free America, and a Media Buying Contractor. This section 
     establishes the roles and responsibilities of the Director, 
     the Partnership for a Drug-Free America and a Media Buying 
     Contractor. The Director, in consultation with PDFA, shall 
     determine the overall purposes and strategy of the national 
     media campaign.
       Sec. 404. Responsible Use of Federal Funds for the National 
     Youth Anti-Drug Media Campaign. This section requires the 
     Director to allocate sufficient funds to meet the goals of 
     the national media campaign; restricts the use of such funds 
     for creative development of advertisements, except for 
     advertisements intended to reach a minority, ethnic or other 
     special audience that cannot be otherwise obtained from PDFA; 
     requires the Director to obtain no cost matches of 
     advertising broadcast times, print space or in-kind 
     contributions which directly relate to substance abuse 
     prevention and specifically promote the purposes set forth in 
     section 102(a); and exempts any no cost match advertisements 
     from the sponsorship identification provisions in section 317 
     of the Communications Act of 1934 (Section 103(c)(2)).
       In addition, this section ensures responsible use of 
     federal funds by requiring: not less than 89 percent of 
     appropriated amounts for each fiscal year be used for the 
     purpose of advertising time and space (Section 103(d)(1)(A)); 
     no more than $5,000,000 is used in each fiscal year to 
     develop creative content by an entity other than the 
     Partnership for a Drug Free America (Section 103(d)(1)(B)); 
     disqualification of any corporation, partnership or 
     individual from bidding on a contract if such entity, within 
     the last 10 years, in connection with the national media 
     campaign has been convicted of any Federal criminal 
     offense, subject to any Federal civil judgment or penalty 
     in a civil proceeding involving the United States; or 
     settled any Federal civil proceeding or potential 
     proceeding (Section 103(d)(1)(C)(i-iii); and ONDCP to re-
     solicit bids for any existing contracts with a 
     disqualified bidder, provided that the national media 
     campaign is not interrupted during the re-solicitation 
     process.
       Finally, this section includes financial and performance 
     accountability requirements, and expands ONDCP's reporting 
     requirements to Congress on issues related to the national 
     media campaign.
       Sec. 405. GAO Audit of National Media Campaign. This 
     section directs GAO to conduct an audit of the national media 
     campaign and submit a report to Congress, within one year 
     after the date of enactment of the Act.
       Sec. 406. Authorization for the National Media Campaign. 
     This section authorizes funding for the national media 
     campaign of $195 million for each of the fiscal years 2004 
     through 2008.


       title v--authorizations and extension of termination date

       Sec. 501. Authorization of Appropriations. This section 
     extends the authorization date for ONDCP from 2004 through 
     2008.
       Sec. 502. Extension of Termination Date. This section 
     extends the termination date of the Act from September 30, 
     2003 to September 30, 2008.


       title vi--designation of united states anti-doping agency

       Sec. 601. Designation of United States Anti-Doping Agency. 
     This section designates the United States Anti-Doping Agency: 
     to serve as the independent anti-doping organization for 
     amateur athletic competitions recognized by the United States 
     Olympic Committee; to ensure that athletes participating in 
     amateur athletic activities do not use performance-enhancing 
     drugs; to implement anti-doping education programs; and (4) 
     to serve as the United States representative responsible for 
     coordination with other similar anti-doping organizations.
       Sec. 602. Authorization of Appropriations. This section 
     authorizes funding for the United States Anti-Doping Agency 
     for fiscal years 2004 through 2008: for fiscal year 2004, 
     $7.2 million; for fiscal year 2005, $9.2 million; for fiscal 
     year 2006, $9.5 million; for fiscal year 2007, $9.9 million; 
     and for fiscal year 2008, $10.5 million.


          TITLE VII--DRUG EDUCATION, PREVENTION, AND TREATMENT

       Sec. 701. Expansion of Substance Abuse Education and 
     Prevention Efforts. This section authorizes the Administrator 
     of the Substance Abuse and Mental Health Services 
     Administration to make grants to public and non-profit 
     private entities to carry out school-based programs 
     concerning the dangers of abuse of and addiction to illicit 
     drugs and to carry out community-based abuse and addiction 
     prevention programs that are effective and research-based. In 
     awarding grants, the Administrator is required to give 
     priority to rural and urban areas that are experiencing a 
     high rate or rapid increase in abuse. The section authorizes 
     $100 million to be appropriated for FY 2004 and such sums as 
     necessary for each succeeding fiscal year.
       Sec. 702. Funding for Rural States and Economically 
     Depressed Communities. This section authorizes $50 million 
     for each of the fiscal years 2005 through 2007 for grants to 
     States to provide treatment facilities in rural and 
     economically depressed communities that have high rates of 
     drug addiction but lack resources to provide adequate 
     treatment.
       Sec. 703. Residential Treatment Programs for Juveniles. 
     This section authorizes $100 million a year for each fiscal 
     year of 2005 through 2007 for grants to States to provide 
     residential treatment facilities designed to treat drug 
     addicted juveniles.
       Sec. 704. Drug Treatment Alternatives to Prison Programs 
     Administered by State or Local Prosecutors. This section 
     authorizes funding of $30 million for each fiscal year of 
     2004 through 2006 to create a pilot project for the Attorney 
     General to award grants to State or local prosecutors to 
     develop, implement or expand residential drug treatment 
     programs as an alternative to prison drug treatment programs.
       Sec. 705. Funding for Residential Treatment Centers for 
     Women and Children. This section authorizes $10 million for 
     each of the fiscal years 2005 through 2007 for grants to 
     States to provide residential treatment facilities for women 
     who have minor children and who are addicted to 
     methamphetamine, heroin, and other drugs. Such facilities 
     offer specialized treatment for addicted mothers and allow 
     their children to reside with them in the facility or nearby 
     while undergoing treatment.


            TITLE VIII--ANABOLIC STEROID CONTROL ACT OF 2003

       Sec. 801. Short Title. This section creates a short title, 
     ``The Anabolic Steroid Control Act of 2003.''
       Sec. 802. Amendments to the Controlled Substances Act. This 
     section amends the definition of ``anabolic steroid'' under 
     21 U.S.C. 802, to remove the requirement that such a 
     substance promote muscle growth, and thereby encompass 
     steroid precursors such as androstenedione and other similar 
     substances--many of which have been developed since the 
     Steroid Control Act of 1990. This section also makes 
     technical corrections to the current list of anabolic 
     steriods, and adds known steroid precursors to the 
     anabolic steroid list except dehydroepiandrosterone 
     (DHEA). Finally, this section modifies the definition of 
     ``felony drug offense'' in 21 U.S.C. 802 to apply to 
     offenses involving anabolic steroids.
       Sec. 803. Sentencing Commission Guidelines. This section 
     directs the United States Sentencing Commission to review and 
     revise the sentencing guidelines, as necessary, for crimes 
     involving anabolic steroids.
       Sec. 804. Prevention and Education Programs. This section 
     authorizes $15 million for each of the fiscal years of 2004 
     through 2009 for the Secretary of Health and Human Services 
     to award grants to public and non-profit entities to carry 
     out science-based education programs in elementary and 
     secondary schools to highlight the harmful effects of 
     steroids and steroid precursors.
       Sec. 805. National Household survey on Drug Use and Health. 
     This section authorizes $1 million for each of the fiscal 
     years of 2004 through 2009 for the Secretary of Health and 
     Human Services to include questions concerning the use of 
     steroids and steroid precursors in the National Survey on 
     Drug Use and Health, an annual survey conducted to measure 
     the extent of alcohol, drug and tobacco use in the United 
     States.


             title ix--national guard counter-drug schools

       Sec. 901. National Guard Counter-Drug Schools. This section 
     authorizes $30 million for each fiscal year of 2004 through 
     2008 for the Chief of the National Guard Bureau to establish 
     and operate five National Guard Counter-Drug Schools to 
     provide training in drug interdiction and demand reduction 
     activities to Federal, State and local law enforcement 
     agencies, community-based organizations, and other 
     organizations engaged in counter-drug activities.


                   title x--miscellaneous provisions

       Sec. 1001. Repeals. This section repeals the President's 
     Council on Counter-Narcotics and the Parents Advisory Council 
     on Youth Drug Abuse, neither of which has ever met.
       Sec. 1002. Amendment to the Higher Education Act. This 
     section clarifies and narrows Section 484(r)(1) of the Higher 
     Education Act (20 U.S.C. 1091(r)(1) to prohibit the award of 
     any federal education grant to any student who has been 
     convicted of any offense under Federal or state law involving 
     possession or sale of a controlled substance while they are 
     receiving a federal education grant.
       Sec. 1003. Controlled Substances Act Amendment. This 
     section makes a technical correction to the Drug Addiction 
     Treatment Act of 2000 which inadvertently classified HMOs and 
     other large health systems in the same category as small 
     group practices of physicians. Additionally, this section 
     clarifies that the reporting requirements under the Act apply 
     three years after approval of the controlled substance, not 
     three years from the date of passage of the Act.

[[Page S14814]]

       Sec. 1004. Exportation of Narcotic and Nonnarcotic Drugs. 
     This Section authorizes companies to export controlled 
     substances to central warehouse facilities outside the United 
     States for delivery to locations in other countries, subject 
     to the DEA certification requirement.
       Sec. 1005. Study of Work Place Environment at ONDCP. This 
     section directs GAO to conduct a study and report to Congress 
     on the workplace environment at ONDCP.
       Sec. 1006. Requirement for Latin American Heroin Strategy. 
     This section requires the Director to submit to Congress a 
     comprehensive strategy that addresses the increased threat 
     from Latin American heroin, and in particular Colombian 
     heroin.

  Mr. BIDEN. Mr. President, I rise today to introduce legislation to 
reauthorize the so-called ``Drug Czar's'' office with Senator Hatch, 
the Chairman of the Judiciary Committee and Senator Grassley, the 
Chairman of the Caucus on International Narcotics Control.
  This bipartisan legislation will, I hope, result in speedy action to 
reauthorize the drug director's office for 5 years. No matter what 
perspective any of us have on a specific drug policy, this legislation 
is about whether we will have a drug director and a drug office to be 
responsible for developing, coordinating and enacting a national drug 
policy.
  Some twenty years ago I began fighting to create the Office of 
National Drug Control Policy (ONDCP) because I believed then, as I 
believe now, that we needed a Cabinet-level official who would 
coordinate Federal drug policy. I argued that Cabinet-level status was 
necessary because this individual needed to have the clout to stop 
interagency feuding, fight for necessary budgetary resources and 
decertify inadequate agency drug budgets. But just as important, I 
believed that the public needed to have one high profile person to hold 
accountable for developing and implementing an effective national 
strategy.
  In 1982 my bill creating a national drug director passed as part of a 
larger crime bill, but the President vetoed it. He, like all 
Presidents--both Democrats and Republicans did not like the idea of 
being held accountable for what was seen as an intractable problem. But 
I kept at it and six years later the bill became law.
  Before we had a drug czar's office there was no official in charge of 
the Administration's drug effort. And because there was no one Cabinet 
official in charge, other members of the President's Cabinet could duck 
responsibility to talk about tough drug policy issues. And that meant 
no Administration talked enough or did enough about the drug problem 
and no Administration was held accountable on drug policy. I'm glad 
that those days are behind us.
  As the person responsible for coordinating Federal drug policy, the 
drug czar deals with almost every federal agency, from the Department 
of Justice on drug courts to the Department of Homeland Security on 
interdiction issues to the State Department and the Department of 
Defense on Plan Colombia to the Department of Health and Human Services 
on groundbreaking research on how drug use changes brain chemistry. It 
is the drug director's job to make sure that all of these wide ranging 
issues are addressed in the annual drug strategy so that our national 
policy is a balanced one, giving proper attention to drug enforcement, 
drug treatment, drug prevention and research.
  That is why the bill that Senator Hatch, Senator Grassley and I are 
introducing today retains the provision in current law requiring the 
Drug Director to submit to Congress an annual drug strategy, detailing 
how he proposes to address all aspects of our national drug problem. We 
also ask him to reach out to state and local officials not only to get 
their input but also to get their support to advance the national goals 
on the local level.
  And just as with my original drug czar legislation, the 
reauthorization bill retains as its central goal holding every 
Administration and every President accountable on the drug issue by 
requiring ONDCP to evaluate the effectiveness of drug policy and 
programs and develop specific performance measurements and goals.
  The bill also includes a number of changes to strengthen current drug 
control policies and programs. In the area of law enforcement, the bill 
reauthorizes and increases the funding for the High Intensity Drug 
Trafficking Area (HIDTA) program which helps to coordinate federal, 
state and local efforts to reduce drug trafficking and production in 
designated areas. The bill also requires an evaluation of each 
individual HIDTA to monitor the program's effectiveness and requires 
ONDCP to report to Congress on intelligence sharing among HIDTAs and 
other law enforcement entities.
  In terms of prevention and treatment efforts, the legislation 
includes a number of important provisions. First, it reauthorizes the 
National Youth Anti Drug Media Campaign and modifies the program so 
that it will be more accountable. Second, it includes a number of 
provisions that the Senate passed unanimously last Congress as part of 
the Drug Abuse Education, Prevention and Treatment Act to expand drug 
treatment for rural states, economically depressed communities, 
juveniles and women with children as well as to create a demonstration 
project to fund drug treatment alternatives to prison programs 
administered by state and local prosecutors. And finally, the bill 
amends the Higher Education Act to clarify that those convicted of drug 
offenses are not prohibited from receiving federal student aid unless 
they commit a drug felony while they are receiving the grant, loan or 
work assistance.
  I want to thank Senator Hatch and Senator Grassley for their 
cooperation in crafting a bipartisan bill to reauthorize the Office of 
National Drug Control Policy. Both Senators have been leaders on drug 
policy issues and I am glad to work with them on this important matter. 
I hope that the rest of my colleagues will support this legislation and 
that we can pass it without delay.

  Mr. GRASSLEY. Mr. President, I rise today to add my comments to those 
of Senator Hatch and Senator Biden on the re-authorization of the 
Office of National Drug Control Policy. Drug use in America may not be 
on the front page of the New York Times or Washington Post, but remains 
a deep concern for many people in small towns and local neighborhoods 
where the effects of drug abuse are painfully felt. Drugs pose an 
immediate threat to their lives, and the lives of their children.
  The re-authorization of ONDCP is about the leadership role we expect 
the Federal government to play in confronting the issue. I want to take 
a moment to highlight a few revisions we have proposed in an effort to 
strengthen the leadership role that ONDCP should play.
  The legislation we are introducing today will improve the capacities 
of the Office to coordinate our Federal efforts against drug use. We 
have strengthened the role of the Deputy Director of State and Local 
Affairs, because we recognize that the coordination of activities, 
information sharing, and resource allocations between Federal, State, 
and local law enforcement is increasingly critical.
  As everyone is this body knows, there isn't enough money to go around 
to fully fund all of the worthy causes that are out there, and part of 
our job is making these tough choices. By increasing the coordination 
between resources that are already deployed, we can increase the 
effectiveness of these efforts without having to reinvent how business 
gets done. ONDCP is an ideal place to play broker over these efforts 
and move this forward.
  We have also included provisions clarifying the authorities and 
responsibilities of the offices of Demand Reduction and Supply 
Reduction. Much of ONDCP's responsibilities involves coordinating the 
activities and focus of other Departments. There is no one simple 
solution to our drug problem, and ONDCP has a responsibility to ensure 
that Federal prevention, law enforcement, treatment, and interdiction 
initiatives cover the full spectrum of opportunities available. 
Accordingly, our bill clarifies the roles and responsibilities of the 
various Deputies at ONDCP to strengthen their ability to coordinate the 
counterdrug activities both within ONDCP and those of other 
Departments.
  The Office of National Drug Control Policy also has responsibility 
for the execution and effectiveness of the High Intensity Drug 
Trafficking Areas program, or HIDTA program. The HIDTA program has 
proven to be an effective

[[Page S14815]]

mechanism for getting multiple law enforcement agencies from multiple 
levels of government to work together. For a relatively modest amount, 
participating law enforcement agencies have benefited tremendously from 
the increased information sharing and coordination that HIDTAs 
generate.
  However, there was legitimate concern over the lack of performance 
measures for the HIDTA program. In addition, there seemed to be some 
confusion over what the overall purpose of a HIDTA designation was. 
finally, funding for the HIDTA program has been stifled because of a 
fear that ONDCP may cut the amount for one particular HIDTA in favor of 
another. Our legislation addresses these concerns in ways we believe 
will improve the effectiveness, accountability, and transparency of the 
program.

  First, this legislation establishes that the purpose of the HIDTA 
program is fourfold: facilitating cooperation among Federal, State, and 
local law enforcement; enhancing intelligence sharing; providing 
reliable intelligence to law enforcement agencies for the design of 
effective enforcement strategies and operations; and supporting 
coordinated strategies designed to reduce the supply of illegal drugs 
within a designated area. By focusing the purpose of a HIDTA on 
improving the capabilities and capacities of those within the HIDTA, we 
will strengthen the effectiveness of these designated areas to go after 
drugs.
  Second, the legislation creates an evaluation mechanism which 
requires ONDCP to first establish specific purposes and measures for 
each HIDTA, and then evaluate the performance of each HIDTA based on 
the purposes and measures that were established. Because threats each 
HIDTA faces are unique, the performance of each HIDTA will be evaluated 
against the goals which are established for that particular HIDTA, 
rather than an undefined National standard. Not only should this give 
Congress a better understanding of the performance of this program, but 
it should give ONDCP a mechanism to better evaluate and support the 
particular needs of individual HIDTAs.
  Third, this legislation requires ONDCP to itemize how much it 
believes each HIDTA should be funded when the budget request is 
submitted, rather than waiting until after the appropriations process 
is complete. Combined with the previous two changes, these changes will 
combine to give ONDCP the flexibility it needs and the HIDTA program 
the credibility it needs to expand its leadership and funding for the 
coordination of law enforcement counterdrug operations.
  The final section of this legislation that I would like to mention is 
the National Media Campaign. I will be honest: I am still not convinced 
that this program makes the best possible use of drug prevention 
dollars. But I am in the minority here. Almost everyone I've talked to 
believes our prevention efforts will be better with the campaign than 
without it--even if the evidence that the campaign makes a difference 
is questionable, at best. If the campaign is going to continue, and 
this legislation does extend the Campaign, I think it's important that 
it get back to the parameters that were established when it was 
initially pitched to and authorized by congress.
  I think what we have here is a good start in this direction, and I 
appreciate my colleagues' willingness to take my concerns into 
consideration. The legislation we have drafted refocuses the campaign 
toward its initial, buy-one-get-one-free hypothesis. We've proposed 
enhancing the capacity of the campaign to measure its effectiveness, in 
an effort to move beyond the 6-month time lag that has hampered past 
measurements of performance. We have also included a clearer outline of 
what should, and should not, be paid for by the campaign. And we have 
created a clear role for the Partnership for a Drug Free America, who 
has been working on this effort for much longer than Congress has 
funded it.
  All in all, I think we have a good bill. Not a perfect bill, but a 
good bill. I look forward to continue working with the Committee, our 
colleagues in the House, and the Administration with the hope that we 
can re-authorize ONDCP expeditiously.
                                 ______