Reauthorization Act of 1998

Title VII Office of National Drug Control Policy Reauthorization Act of 1998: H11225

[Congressional Record: October 19, 1998 (House)][Page H11197-H11247]From the Congressional Record Online via GPO Access [wais.access.gpo.gov][DOCID:cr19oc98-30] [[pp. H11197-H11247]] CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999[[Continued from page H11196]]

SEC. 701. SHORT TITLE.

This title may be cited as the ``Office of National Drug Control Policy Reauthorization Act of 1998''.

SEC. 702. DEFINITIONS.

In this title: (1) Demand reduction.--The term ``demand reduction'' means any activity conducted by a National Drug Control Program agency, other than an enforcement activity, that is intended to reduce the use of drugs, including--
(A) drug abuse education;
(B) drug abuse prevention;
(C) drug abuse treatment;
(D) drug abuse research;
(E) drug abuse rehabilitation;
(F) drug-free workplace programs; and
(G) drug testing.
(2) Director.--The term ``Director'' means the Director of National Drug Control Policy.
(3) Drug.--The term ``drug'' has the meaning given the term ``controlled substance'' in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
(4) Drug control.--The term ``drug control'' means any activity conducted by a National Drug Control Program agency involving supply reduction or demand reduction.
(5) Fund.--The term ``Fund'' means the fund established under section 703(d).
(6) National drug control program.--The term ``National Drug Control Program'' means programs, policies, and activities undertaken by National Drug Control Program agencies pursuant to the responsibilities of such agencies under the National Drug Control Strategy.
(7) National drug control program agency.--The term ``National Drug Control Program Agency'' means any agency that is responsible for implementing any aspect of the National Drug Control Strategy, including any agency that receives Federal funds to implement any aspect of the National Drug Control Strategy, but does not include any agency that receives funds for drug control activity solely under the National Foreign Intelligence Program, the Joint Military Intelligence Program or Tactical Intelligence and Related Activities, unless such agency has been designated--
(A) by the President; or
(B) jointly by the Director and the head of the agency.
(8) National drug control strategy.--The term ``National Drug Control Strategy'' means the strategy developed and submitted to Congress under section 706.
(9) Office.--Unless the context clearly implicates otherwise, the term ``Office'' means the Office of National Drug Control Policy established under section 703(a).
(10) State and local affairs.--The term ``State and local affairs'' means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of drugs, including--
(A) coordination and facilitation of Federal, State, and local law enforcement drug control efforts;
(B) promotion of coordination and cooperation among the drug supply reduction and demand reduction agencies of the various States, territories, and units of local government; and
(C) such other cooperative governmental activities which promote a comprehensive approach to drug control at the national, State, territory, and local levels.
(11) Supply reduction.--The term ``supply reduction'' means any activity of a program conducted by a National Drug Control Program agency that is intended to reduce the availability or use of drugs in the United States and abroad, including--
(A) international drug control;
(B) foreign and domestic drug intelligence;
(C) interdiction; and
(D) domestic drug law enforcement, including law
enforcement directed at drug users.

SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.

(a) Establishment of Office.--There is established in the Executive Office of the President an Office of National Drug Control Policy, which shall--
(1) develop national drug control policy;
(2) coordinate and oversee the implementation of that national drug control policy;
(3) assess and certify the adequacy of national drug control programs and the budget for those programs; and
(4) evaluate the effectiveness of the national drug control programs.
(b) Director and Deputy Directors.--
(1) Director.--There shall be at the head of the Office a Director of National Drug Control Policy.
(2) Deputy director of national drug control policy.--There shall be in the Office a Deputy Director of National Drug Control Policy, who shall assist the Director in carrying out the responsibilities of the Director under this title.
(3) Other deputy directors.--There shall be in the Office--
(A) a Deputy Director for Demand Reduction, who shall be responsible for the activities described in subparagraphs (A) through (G) of section 702(1);
(B) a Deputy Director for Supply Reduction, who shall be responsible for the activities described in subparagraphs (A) through (C) of section 702(11); and
(C) a Deputy Director for State and Local Affairs, who shall be responsible for the activities described in subparagraphs (A) through (C) of section 702(10) and subparagraph (D) of section 702(11).
(c) Access by Congress.--The location of the Office in the Executive Office of the President shall not be construed as affecting access by

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Congress, or any committee of the House of Representatives or the Senate, to any--
(1) information, document, or study in the possession of, or conducted by or at the direction of the Director; or
(2) personnel of the Office.
(d) Office of National Drug Control Policy Gift Fund.--
(1) Establishment.--There is established in the Treasury of the United States a fund for the receipt of gifts, both real and personal, for the purpose of aiding or facilitating the work of the Office under section 704(c).
(2) Contributions.--The Office may accept, hold, and administer contributions to the Fund.
(3) Use of amounts deposited.--Amounts deposited in the Fund are authorized to be appropriated, to remain available until expended for authorized purposes at the discretion of the Director.

SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS.

(a) Appointment.--
(1) In general.--The Director, the Deputy Director of National Drug Control Policy, the Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs, shall each be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment.
(2) Duties of deputy director of national drug control policy.--The Deputy Director of National Drug Control Policy shall--
(A) carry out the duties and powers prescribed by the Director; and
(B) serve as the Director in the absence of the Director or during any period in which the office of the Director is vacant.
(3) Designation of other officers.--In the absence of the Deputy Director, or if the Office of the Deputy Director is vacant, the Director shall designate such other permanent employee of the Office to serve as the Director, if the Director is absent or unable to serve.
(4) Prohibition.--No person shall serve as Director or a Deputy Director while serving in any other position in the Federal Government.
(5) Prohibition on political campaigning.--Any officer or employee of the Office who is appointed to that position by the President, by and with the advice and consent of the Senate, may not participate in Federal election campaign activities, except that such official is not prohibited by this paragraph from making contributions to individual candidates.
(b) Responsibilities.--The Director--
(1) shall assist the President in the establishment of policies, goals, objectives, and priorities for the National Drug Control Program;
(2) shall promulgate the National Drug Control Strategy under section 706(a) and each report under section 706(b) in accordance with section 706;
(3) shall coordinate and oversee the implementation by the National Drug Control Program agencies of the policies, goals, objectives, and priorities established under paragraph (1) and the fulfillment of the responsibilities of such agencies under the National Drug Control Strategy and make recommendations to National Drug Control Program agency heads with respect to implementation of Federal counter- drug programs;
(4) shall make such recommendations to the President as the Director determines are appropriate regarding changes in the organization, management, and budgets of Federal departments and agencies engaged in drug enforcement, and changes in the allocation of personnel to and within those departments and agencies, to implement the policies, goals, priorities, and objectives established under paragraph (1) and the National Drug Control Strategy;
(5) shall consult with and assist State and local governments with respect to the formulation and implementation of National Drug Control Policy and their relations with the National Drug Control Program agencies;
(6) shall appear before duly constituted committees and subcommittees of the House of Representatives and of the Senate to represent the drug policies of the executive branch;
(7) shall notify any National Drug Control Program agency if its policies are not in compliance with the responsibilities of the agency under the National Drug Control Strategy, transmit a copy of each such notification to the President, and maintain a copy of each such notification;
(8) shall provide, by July 1 of each year, budget recommendations, including requests for specific initiatives that are consistent with the priorities of the President under the National Drug Control Strategy, to the heads of departments and agencies with responsibilities under the National Drug Control Program, which recommendations shall--
(A) apply to the next budget year scheduled for formulation under the Budget and Accounting Act of 1921, and each of the 4 subsequent fiscal years; and
(B) address funding priorities developed in the National Drug Control Strategy;
(9) may serve as representative of the President in appearing before Congress on all issues relating to the National Drug Control Program;
(10) shall, in any matter affecting national security interests, work in conjunction with the Assistant to the President for National Security Affairs;
(11) may serve as spokesperson of the Administration on drug issues;
(12) shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that--
(A) is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and
(B) has not been approved for use for medical purposes by the Food and Drug Administration;
(13) shall require each National Drug Control Program agency to submit to the Director on an annual basis (beginning in 1999) an evaluation of progress by the agency with respect to drug control program goals using the performance measures for the agency developed under section 706(c), including progress with respect to--
(A) success in reducing domestic and foreign sources of illegal drugs;
(B) success in protecting the borders of the United States (and in particular the Southwestern border of the United States) from penetration by illegal narcotics;
(C) success in reducing violent crime associated with drug use in the United States;
(D) success in reducing the negative health and social consequences of drug use in the United States; and
(E) implementation of drug treatment and prevention programs in the United States and improvements in the adequacy and effectiveness of such programs;
(14) shall submit to the Appropriations committees and the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of--
(A) each of the evaluations received by the Director under paragraph (13); and
(B) the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures for the agency developed under section 706(c); and
(15) shall ensure that drug prevention and drug treatment research and information is effectively disseminated by National Drug Control Program agencies to State and local governments and nongovernmental entities involved in demand reduction by--
(A) encouraging formal consultation between any such agency that conducts or sponsors research, and any such agency that disseminates information in developing research and information product development agendas;
(B) encouraging such agencies (as appropriate) to develop and implement dissemination plans that specifically target State and local governments and nongovernmental entities involved in demand reduction; and
(C) developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction.
(c) National Drug Control Program Budget.--
(1) Responsibilities of national drug control program agencies.--
(A) In general.--For each fiscal year, the head of each department, agency, or program of the Federal Government with responsibilities under the National Drug Control Program Strategy shall transmit to the Director a copy of the proposed drug control budget request of the department, agency, or program at the same time as that budget request is submitted to their superiors (and before submission to the Office of Management and Budget) in the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code.
(B) Submission of drug control budget requests.--The head of each National Drug Control Program agency shall ensure timely development and submission to the Director of each proposed drug control budget request transmitted pursuant to this paragraph, in such format as may be designated by the Director with the concurrence of the Director of the Office of Management and Budget.
(2) National drug control program budget proposal.--For each fiscal year, following the transmission of proposed drug control budget requests to the Director under paragraph (1), the Director shall, in consultation with the head of each National Drug Control Program agency--
(A) develop a consolidated National Drug Control Program budget proposal designed to implement the National Drug Control Strategy;
(B) submit the consolidated budget proposal to the President; and
(C) after submission under subparagraph (B), submit the consolidated budget proposal to Congress.
(3) Review and certification of budget requests and budget submissions of national drug control program agencies.--
(A) In general.--The Director shall review each drug control budget request submitted to the Director under paragraph (1).
(B) Review of budget requests.--
(i) Inadequate requests.--If the Director concludes that a budget request submitted under paragraph (1) is inadequate, in whole or in part, to implement the objectives of the National Drug Control Strategy with respect to the department, agency, or program at issue for the year for which the request is submitted, the Director shall submit to the head of the applicable National Drug Control Program agency a written description of funding levels and specific initiatives that would, in the determination of the Director, make the request adequate to implement those objectives.
(ii) Adequate requests.--If the Director concludes that a budget request submitted under paragraph (1) is adequate to implement the objectives of the National Drug Control Strategy

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with respect to the department, agency, or program at issue for the year for which the request is submitted, the Director shall submit to the head of the applicable National Drug Control Program agency a written statement confirming the adequacy of the request.
(iii) Record.--The Director shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii).
(C) Agency response.--
(i) In general.--The head of a National Drug Control Program agency that receives a description under subparagraph (B)(i) shall include the funding levels and initiatives described by the Director in the budget submission for that agency to the Office of Management and Budget.
(ii) Impact statement.--The head of a National Drug Control Program agency that has altered its budget submission under this subparagraph shall include as an appendix to the budget submission for that agency to the Office of Management and Budget an impact statement that summarizes--

(I) the changes made to the budget under this subparagraph; and
(II) the impact of those changes on the ability of that agency to perform its other responsibilities, including any impact on specific missions or programs of the agency.

(iii) Congressional notification.--The head of a National Drug Control Program agency shall submit a copy of any impact statement under clause (ii) to the Senate and the House of Representatives at the time the budget for that agency is submitted to Congress under section 1105(a) of title 31, United States Code.
(D) Certification of budget submissions.--
(i) In general.--At the time a National Drug Control Program agency submits its budget request to the Office of Management and Budget, the head of the National Drug Control Program agency shall submit a copy of the budget request to the Director.
(ii) Certification.--The Director--

(I) shall review each budget submission submitted under clause (i); and
(II) based on the review under subclause (I), if the Director concludes that the budget submission of a National Drug Control Program agency does not include the funding levels and initiatives described under subparagraph (B)--

(aa) may issue a written decertification of that agency's budget; and
(bb) in the case of a decertification issued under item (aa), shall submit to the Senate and the House of Representatives a copy of--
(aaa) the decertification issued under item (aa);
(bbb) the description made under subparagraph (B); and (ccc) the budget recommendations made under subsection (b)(8).
(4) Reprogramming and transfer requests.--
(A) In general.--No National Drug Control Program agency shall submit to Congress a reprogramming or transfer request with respect to any amount of appropriated funds in an amount exceeding $5,000,000 that is included in the National Drug Control Program budget unless the request has been approved by the Director.
(B) Appeal.--The head of any National Drug Control Program agency may appeal to the President any disapproval by the Director of a reprogramming or transfer request under this paragraph.
(d) Powers of the Director.--In carrying out subsection (b), the Director may--
(1) select, appoint, employ, and fix compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office under this title;
(2) subject to subsection (e)(3), request the head of a department or agency, or program of the Federal Government to place department, agency, or program personnel who are engaged in drug control activities on temporary detail to another department, agency, or program in order to implement the National Drug Control Strategy, and the head of the department or agency shall comply with such a request;
(3) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies;
(4) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of title 5, United States Code;
(5) accept and use gifts and donations of property from Federal, State, and local government agencies, and from the private sector, as authorized in section 703(d);
(6) use the mails in the same manner as any other department or agency of the executive branch;
(7) monitor implementation of the National Drug Control Program, including--
(A) conducting program and performance audits and evaluations; and
(B) requesting assistance from the Inspector General of the relevant agency in such audits and evaluations;
(8) transfer funds made available to a National Drug Control Program agency for National Drug Control Strategy programs and activities to another account within such agency or to another National Drug Control Program agency for National Drug Control Strategy programs and activities, except that--
(A) the authority under this paragraph may be limited in an annual appropriations Act or other provision of Federal law;
(B) the Director may exercise the authority under this paragraph only with the concurrence of the head of each affected agency;
(C) in the case of an interagency transfer, the total amount of transfers under this paragraph may not exceed 3 percent of the total amount of funds made available for National Drug Control Strategy programs and activities to the agency from which those funds are to be transferred;
(D) funds transferred to an agency under this paragraph may only be used to increase the funding for programs or activities have been authorized by Congress; and
(E) the Director shall--
(i) submit to Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office, and any other applicable committees of jurisdiction, a reprogramming or transfer request in advance of any transfer under this paragraph in accordance with the regulations of the affected agency or agencies; and
(ii) annually submit to Congress a report describing the effect of all transfers of funds made pursuant to this paragraph or subsection (c)(4) during the 12-month period preceding the date on which the report is submitted;
(9) issue to the head of a National Drug Control Program agency a fund control notice described in subsection (f) to ensure compliance with the National Drug Control Program Strategy; and
(10) participate in the drug certification process pursuant to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j).
(e) Personnel Detailed to Office.--
(1) Evaluations.--Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under such chapter for any rating period, or part thereof, that such employee is detailed to such office.
(2) Compensation.--
(A) Bonus payments.--Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office.
(B) Restrictions.--An amount paid under this paragraph to an employee for any period--
(i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and
(ii) shall be in addition to the basic pay of such employee.
(C) Aggregate amount.--The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule.
(3) Maximum number of detailees.--The maximum number of personnel who may be detailed to another department or agency (including the Office) under subsection (d)(2) during any fiscal year is--
(A) for the Department of Defense, 50; and
(B) for any other department or agency, 10.
(f) Fund Control Notices.--
(1) In general.--A fund control notice may direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated by--
(A) months, fiscal year quarters, or other time periods; and
(B) activities, functions, projects, or object classes.
(2) Unauthorized obligation or expenditure prohibited.--An officer or employee of a National Drug Control Program agency shall not make or authorize an expenditure or obligation contrary to a fund control notice issued by the Director.
(3) Disciplinary action for violation.--In the case of a violation of paragraph (2) by an officer or employee of a National Drug Control Program agency, the head of the agency, upon the request of and in consultation with the Director, may subject the officer or employee to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office.
(g) Inapplicability to Certain Programs.--The provisions of this section shall not apply to the National Foreign Intelligence Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out such program is designated as a National Drug Control Program agency by the President or jointly by the Director and the head of the agency.
(h) Construction.--Nothing in this Act shall be construed as derogating the authorities and responsibilities of the Director of Central Intelligence contained in sections 104 and 504 of the National Security Act of 1947 or any other law.

SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND LOCAL AFFAIRS.

(a) Access to Information.--
(1) In general.--Upon the request of the Director, the head of any National Drug Control Program agency shall cooperate with and provide to the Director any statistics, studies, reports, and other information prepared or collected by the agency concerning the responsibilities of the agency under the National Drug Control Strategy that relate to--
(A) drug abuse control; or
(B) the manner in which amounts made available to that agency for drug control are being used by that agency.
(2) Protection of intelligence information.--
(A) In general.--The authorities conferred on the Office and the Director by this title shall be exercised in a manner consistent with provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.). The Director of Central Intelligence shall prescribe such regulations as may be necessary to protect information provided pursuant to this title regarding intelligence sources and methods.

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(B) Duties of director.--The Director of Central Intelligence shall, to the maximum extent practicable in accordance with subparagraph (A), render full assistance and support to the Office and the Director.
(3) Illegal drug cultivation.--The Secretary of Agriculture shall annually submit to the Director an assessment of the acreage of illegal drug cultivation in the United States.
(b) Certification of Policy Changes to Director.--
(1) In general.--Subject to paragraph (2), the head of a National Drug Control Program agency shall, unless exigent circumstances require otherwise, notify the Director in writing regarding any proposed change in policies relating to the activities of that agency under the National Drug Control Program prior to implementation of such change. The Director shall promptly review such proposed change and certify to the head of that agency in writing whether such change is consistent with the National Drug Control Strategy.
(2) Exception.--If prior notice of a proposed change under paragraph (1) is not practicable--
(A) the head of the National Drug Control Program agency shall notify the Director of the proposed change as soon as practicable; and
(B) upon such notification, the Director shall review the change and certify to the head of that agency in writing whether the change is consistent with the National Drug Control Program.
(c) General Services Administration.--The Administrator of General Services shall provide to the Director, in a reimbursable basis, such administrative support services as the Director may request.
(d) Accounting of Funds Expended.--The Director shall--
(A) require the National Drug Control Program agencies to submit to the Director not later than February 1 of each year a detailed accounting of all funds expended by the agencies for National Drug Control Program activities during the previous fiscal year, and require such accounting to be authenticated by the Inspector General for each agency prior to submission to the Director; and
(B) submit to Congress not later than April 1 of each year the information submitted to the Director under subparagraph (A).

SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF NATIONAL DRUG CONTROL STRATEGY.

(a) Timing, Contents, and Process for Development and Submission of National Drug Control Strategy.--
(1) Timing.--Not later than February 1, 1999, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan, covering a period of not more than 5 years, for reducing drug abuse and the consequences of drug abuse in the United States, by limiting the availability of and reducing the demand for illegal drugs.
(2) Contents.--
(A) In general.--The National Drug Control Strategy submitted under paragraph (1) shall include--
(i) comprehensive, research-based, long-range, quantifiable, goals for reducing drug abuse and the consequences of drug abuse in the United States;
(ii) annual, quantifiable, and measurable objectives and specific targets to accomplish long-term quantifiable goals that the Director determines may be achieved during each year of the period beginning on the date on which the National Drug Control Strategy is submitted;
(iii) 5-year projections for program and budget priorities; and
(iv) a review of international, State, local, and private sector drug control activities to ensure that the United States pursues well-coordinated and effective drug control at all levels of government.
(B) Classified information.--Any contents of the National Drug Control Strategy that involves information properly classified under criteria established by an Executive order shall be presented to Congress separately from the rest of the National Drug Control Strategy.
(3) Process for development and submission.--
(A) Consultation.--In developing and effectively implementing the National Drug Control Strategy, the Director--
(i) shall consult with--

(I) the heads of the National Drug Control Program agencies;
(II) Congress;
(III) State and local officials;
(IV) private citizens and organizations with experience and expertise in demand reduction;
(V) private citizens and organizations with experience and expertise in supply reduction; and
(VI) appropriate representatives of foreign governments;

(ii) with the concurrence of the Attorney General, may require the El Paso Intelligence Center to undertake specific tasks or projects to implement the National Drug Control Strategy; and
(iii) with the concurrence of the Director of Central Intelligence and the Attorney General, may request that the National Drug Intelligence Center undertake specific tasks or projects to implement the National Drug Control Strategy.
(B) Inclusion in strategy.--The National Drug Control Strategy under this subsection, and each report submitted under subsection (b), shall include a list of each entity consulted under subparagraph (A)(i).
(4) Specific targets.--The targets in the National Drug Control Strategy shall include the following:
(A) Reduction of unlawful drug use to 3 percent of the population of the United States or less by December 31, 2003 (as measured in terms of overall illicit drug use during the past 30 days by the National Household Survey), and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003.
(B) Reduction of adolescent unlawful drug use (as measured in terms of illicit drug use during the past 30 days by the Monitoring the Future Survey of the University of Michigan or the National PRIDE Survey conducted by the National Parents' Resource Institute for Drug Education) to 3 percent of the adolescent population of the United States or less by December 31, 2003, and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003.
(C) Reduction of the availability of cocaine, heroin, marijuana, and methamphetamine in the United States by 80 percent by December 31, 2003.
(D) Reduction of the respective nationwide average street purity levels for cocaine, heroin, marijuana, and methamphetamine (as estimated by the interagency drug flows assessment led by the Office of National Drug Control Policy, and based on statistics collected by the Drug Enforcement Administration and other National Drug Control Program agencies identified as relevant by the Director) by 60 percent by December 31, 2003, and achievement of at least 20 percent of each such reduction during each of 1999, 2000, 2001, 2002, and 2003.
(E) Reduction of drug-related crime in the United States by 50 percent by December 31, 2003, and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003, including--
(i) reduction of State and Federal unlawful drug trafficking and distribution;
(ii) reduction of State and Federal crimes committed by persons under the influence of unlawful drugs;
(iii) reduction of State and Federal crimes committed for the purpose of obtaining unlawful drugs or obtaining property that is intended to be used for the purchase of unlawful drugs; and
(iv) reduction of drug-related emergency room incidents in the United States (as measured by data of the Drug Abuse Warning Network on illicit drug abuse), including incidents involving gunshot wounds and automobile accidents in which illicit drugs are identified in the bloodstream of the victim, by 50 percent by December 31, 2003.
(5) Further reductions in drug use, availability, and crime.--Following the submission of a National Drug Control Strategy under this section to achieve the specific targets described in paragraph (4), the Director may formulate a strategy for additional reductions in drug use and availability and drug-related crime beyond the 5-year period covered by the National Drug Control Strategy that has been submitted.
(b) Annual Strategy Report.--
(1) In general.--Not later than February 1, 1999, and on February 1 of each year thereafter, the President shall submit to Congress a report on the progress in implementing the Strategy under subsection (a), which shall include--
(A) an assessment of the Federal effectiveness in achieving the National Drug Control Strategy goals and objectives using the performance measurement system described in subsection (c), including--
(i) an assessment of drug use and availability in the United States; and
(ii) an estimate of the effectiveness of interdiction, treatment, prevention, law enforcement, and international programs under the National Drug Control Strategy in effect during the preceding year, or in effect as of the date on which the report is submitted;
(B) any modifications of the National Drug Control Strategy or the performance measurement system described in subsection (c);
(C) an assessment of the manner in which the budget proposal submitted under section 704(c) is intended to implement the National Drug Control Strategy and whether the funding levels contained in such proposal are sufficient to implement such Strategy;
(D) measurable data evaluating the success or failure in achieving the annual measurable objectives described in subsection (a)(2)(A)(ii);
(E) an assessment of current drug use (including inhalants) and availability, impact of drug use, and treatment availability, which assessment shall include--
(i) estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of--

(I) casual and chronic drug use;
(II) high-risk populations, including school dropouts, the homeless and transient, arrestees, parolees, probationers, and juvenile delinquents; and

(III) drug use in the workplace and the productivity lost by such use;

(ii) an assessment of the reduction of drug availability against an ascertained baseline, as measured by--

(I) the quantities of cocaine, heroin, marijuana, methamphetamine, and other drugs available for consumption in the United States;
(II) the amount of marijuana, cocaine, heroin, and precursor chemicals entering the United States;
(III) the number of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other countries;
(IV) the number of metric tons of marijuana, heroin, cocaine, and methamphetamine seized;
(V) the number of cocaine and methamphetamine processing laboratories destroyed domestically and in other countries;
(VI) changes in the price and purity of heroin and cocaine, changes in the price of methamphetamine, and changes in tetrahydrocannabinol level of marijuana;
(VII) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and

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(VIII) the effectiveness of Federal technology programs at improving drug detection capabilities in interdiction, and at United States ports of entry;

(iii) an assessment of the reduction of the consequences of drug use and availability, which shall include estimation of--

(I) the burden drug users placed on hospital emergency departments in the United States, such as the quantity of drug-related services provided;
(II) the annual national health care costs of drug use, including costs associated with people becoming infected with the human immunodeficiency virus and other infectious diseases as a result of drug use;
(III) the extent of drug-related crime and criminal activity; and
(IV) the contribution of drugs to the underground economy, as measured by the retail value of drugs sold in the United States;

(iv) a determination of the status of drug treatment in the United States, by assessing--

(I) public and private treatment capacity within each State, including information on the treatment capacity available in relation to the capacity actually used;
(II) the extent, within each State, to which treatment is available;
(III) the number of drug users the Director estimates could benefit from treatment; and
(IV) the specific factors that restrict the availability of treatment services to those seeking it and proposed administrative or legislative remedies to make treatment available to those individuals; and

(v) a review of the research agenda of the Counter-Drug Technology Assessment Center to reduce the availability and abuse of drugs; and
(F) an assessment of private sector initiatives and cooperative efforts between the Federal Government and State and local governments for drug control.
(2) Submission of revised strategy.--The President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section--
(A) at any time, upon a determination by the President, in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; and
(B) if a new President or Director takes office.
(3) 1999 Strategy report.--With respect to the Strategy report required to be submitted by this subsection on February 1, 1999, the President shall prepare the report using such information as is available for the period covered by the report.
(c) Performance Measurement System.--
(1) Sense of Congress.--It is the sense of Congress that--
(A) the targets described in subsection (a) are important to the reduction of overall drug use in the United States;
(B) the President should seek to achieve those targets during the 5 years covered by the National Drug Control Strategy required to be submitted under subsection (a);
(C) the purpose of such targets and the annual reports to Congress on the progress towards achieving the targets is to allow for the annual restructuring of appropriations by the Appropriations Committees and authorizing committees of jurisdiction of Congress to meet the goals described in this Act;
(D) the performance measurement system developed by the Director described in this subsection is central to the National Drug Control Program targets, programs, and budget;
(E) the Congress strongly endorses the performance measurement system for establishing clear outcomes for reducing drug use nationwide during the next five years, and the linkage of this system to all agency drug control programs and budgets receiving funds scored as drug control agency funding.
(2) Submission to Congress.--Not later than February 1, 1999, the Director shall submit to Congress a description of the national drug control performance measurement system, designed in consultation with affected National Drug Control Program agencies, that--
(A) develops performance objectives, measures, and targets for each National Drug Control Strategy goal and objective;
(B) revises performance objectives, measures, and targets, to conform with National Drug Control Program Agency budgets;
(C) identifies major programs and activities of the National Drug Control Program agencies that support the goals and objectives of the National Drug Control Strategy;
(D) evaluates in detail the implementation by each National Drug Control Program agency of program activities supporting the National Drug Control Strategy;
(E) monitors consistency between the drug-related goals and objectives of the National Drug Control Program agencies and ensures that drug control agency goals and budgets support and are fully consistent with the National Drug Control Strategy; and
(F) coordinates the development and implementation of national drug control data collection and reporting systems to support policy formulation and performance measurement, including an assessment of--
(i) the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities;
(ii) the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the casual drug user population and groups that are at risk for drug use; and
(iii) the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs (A) and (B) of subsection (b)(4).
(3) Modifications.--A description of any modifications made during the preceding year to the national drug control performance measurement system described in paragraph (2) shall be included in each report submitted under subsection (b).

SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

(a) Establishment.--There is established in the Office a program to be known as the High Intensity Drug Trafficking Areas Program.
(b) Designation.--The Director, upon consultation with the Attorney General, the Secretary of the Treasury, heads of the National Drug Control Program agencies, and the Governor of each applicable State, may designate any specified area of the United States as a high intensity drug trafficking area. After making such a designation and in order to provide Federal assistance to the area so designated, the Director may--
(1) obligate such sums as appropriated for the High Intensity Drug Trafficking Areas Program;
(2) direct the temporary reassignment of Federal personnel to such area, subject to the approval of the head of the department or agency that employs such personnel;
(3) take any other action authorized under section 704 to provide increased Federal assistance to those areas;
(4) coordinate activities under this subsection (specifically administrative, recordkeeping, and funds management activities) with State and local officials.
(c) Factors for Consideration.--In considering whether to designate an area under this section as a high intensity drug trafficking area, the Director shall consider, in addition to such other criteria as the Director considers to be appropriate, the extent to which--
(1) the area is a center of illegal drug production, manufacturing, importation, or distribution;
(2) State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to respond aggressively to the problem;
(3) drug-related activities in the area are having a harmful impact in other areas of the country; and
(4) a significant increase in allocation of Federal resources is necessary to respond adequately to drug-related activities in the area.
(d) Use of Funds.--The Director shall ensure that no Federal funds appropriated for the High Intensity Drug Trafficking Program are expended for the establishment or expansion of drug treatment programs.

SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

(a) Establishment.--There is established within the Office the Counter-Drug Technology Assessment Center (referred to in this section as the ``Center''). The Center shall operate under the authority of the Director of National Drug Control Policy and shall serve as the central counter-drug technology research and development organization of the United States Government.
(b) Director of Technology.--There shall be at the head of the Center the Director of Technology, who shall be appointed by the Director of National Drug Control Policy from among individuals qualified and distinguished in the area of science, medicine, engineering, or technology.
(c) Additional Responsibilities of the Director of National Drug Control Policy.--
(1) In general.--The Director, acting through the Director of Technology shall--
(A) identify and define the short-, medium-, and long-term scientific and technological needs of Federal, State, and local drug supply reduction agencies, including--
(i) advanced surveillance, tracking, and radar imaging;
(ii) electronic support measures;
(iii) communications;
(iv) data fusion, advanced computer systems, and artificial intelligence; and
(v) chemical, biological, radiological (including neutron, electron, and graviton), and other means of detection;
(B) identify demand reduction basic and applied research needs and initiatives, in consultation with affected National Drug Control Program agencies, including--
(i) improving treatment through neuroscientific advances;
(ii) improving the transfer of biomedical research to the clinical setting; and
(iii) in consultation with the National Institute on Drug Abuse, and through interagency agreements or grants, examining addiction and rehabilitation research and the application of technology to expanding the effectiveness or availability of drug treatment;
(C) make a priority ranking of such needs identified in subparagraphs (A) and (B) according to fiscal and technological feasibility, as part of a National Counter-Drug Enforcement Research and Development Program;
(D) oversee and coordinate counter-drug technology initiatives with related activities of other Federal civilian and military departments;
(E) provide support to the development and implementation of the national drug control performance measurement system; and
(F) pursuant to the authority of the Director of National Drug Control Policy under section 704, submit requests to Congress for the reprogramming or transfer of funds appropriated for counter-drug technology research and development.
(2) Limitation on authority.--The authority granted to the Director under this subsection shall not extend to the award of contracts, management of individual projects, or other operational activities.
(d) Assistance and Support to Office of National Drug Control Policy.--The Secretary of Defense and the Secretary of Health and Human Services shall, to the maximum extent practicable, render assistance and support

[[Page H11230]]

to the Office and to the Director in the conduct of counter- drug technology assessment.

SEC. 709. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.

(a) Establishment.--There is established a council to be known as the President's Council on Counter-Narcotics (referred to in this section as the ``Council'').
(b) Membership.--
(1) In general.--Subject to paragraph (2), the Council shall be composed of 18 members, of whom--
(A) 1 shall be the President, who shall serve as Chairman of the Council;
(B) 1 shall be the Vice President;
(C) 1 shall be the Secretary of State;
(D) 1 shall be the Secretary of the Treasury;
(E) 1 shall be the Secretary of Defense;
(F) 1 shall be the Attorney General;
(G) 1 shall be the Secretary of Transportation;
(H) 1 shall be the Secretary of Health and Human Services;
(I) 1 shall be the Secretary of Education;
(J) 1 shall be the Representative of the United States of America to the United Nations;
(K) 1 shall be the Director of the Office of Management and Budget;
(L) 1 shall be the Chief of Staff to the President;
(M) 1 shall be the Director of the Office, who shall serve as the Executive Director of the Council;
(N) 1 shall be the Director of Central Intelligence;
(O) 1 shall be the Assistant to the President for National Security Affairs;
(P) 1 shall be the Counsel to the President;
(Q) 1 shall be the Chairman of the Joint Chiefs of Staff; and
(R) 1 shall be the National Security Adviser to the Vice President.
(2) Additional members.--The President may, in the discretion of the President, appoint additional members to the Council.
(c) Functions.--The Council shall advise and assist the President in--
(1) providing direction and oversight for the national drug control strategy, including relating drug control policy to other national security interests and establishing priorities; and
(2) ensuring coordination among departments and agencies of the Federal Government concerning implementation of the National Drug Control Strategy.
(d) Administration.--
(1) In general.--The Council may utilize established or ad hoc committees, task forces, or interagency groups chaired by the Director (or a representative of the Director) in carrying out the functions of the Council under this section.
(2) Staff.--The staff of the Office, in coordination with the staffs of the Vice President and the Assistant to the President for National Security Affairs, shall act as staff for the Council.
(3) Cooperation from other agencies.--Each department and agency of the executive branch shall--
(A) cooperate with the Council in carrying out the functions of the Council under this section; and
(B) provide such assistance, information, and advice as the Council may request, to the extent permitted by law.

SEC. 710. PARENTS ADVISORY COUNCIL ON YOUTH DRUG ABUSE.

(a) In General.--
(1) Establishment.--There is established a Council to be known as the Parents Advisory Council on Youth Drug Abuse (referred to in this section as the ``Council'').
(2) Membership.--
(A) Composition.--The Council shall be composed of 16 members, of whom--
(i) 4 shall be appointed by the President, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made;
(ii) 4 shall be appointed by the Majority Leader of the Senate, 3 of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made;
(iii) 2 shall be appointed by the Minority Leader of the Senate, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made;
(iv) 4 shall be appointed by the Speaker of the House of Representatives, 3 of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; and
(v) 2 shall be appointed by the Minority Leader of the House of Representatives, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made.
(B) Requirements.--
(i) In general.--Each member of the Council shall be an individual from the private sector with a demonstrated interest and expertise in research, education, treatment, or prevention activities related to youth drug abuse.
(ii) Representatives of nonprofit organizations.--Not less than 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be a representative of a nonprofit organization focused on involving parents in antidrug education and prevention.
(C) Date.--The appointments of the initial members of the Council shall be made not later than 60 days after the date of enactment of this section.
(D) Executive Director.--The Director shall appoint the Executive Director of the Council, who shall be an employee of the Office of National Drug Control Policy.
(3) Period of appointment; vacancies.--
(A) Period of appointment.--Each member of the Council shall be appointed for a term of 3 years, except that, of the initial members of the Council--
(i) 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be appointed for a term of 1 year; and
(ii) 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be appointed for a term of 2 years.
(B) Vacancies.--Any vacancy in the Council shall not affect its powers, provided that a quorum is present, but shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term.
(C) Appointment of successor.--To the extent necessary to prevent a vacancy in the membership of the Council, a member of the Council may serve for not more than 6 months after the expiration of the term of that member, if the successor of that member has not been appointed.
(4) Initial meeting.--Not later than 120 days after the date on which all initial members of the Council have been appointed, the Council shall hold its first meeting.
(5) Meetings.--The Council shall meet at the call of the Chairperson.
(6) Quorum.--Nine members of the Council shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.--
(A) In general.--The members of the Council shall select a Chairperson and Vice Chairperson from among the members of the Council.
(B) Duties of chairperson.--The Chairperson of the Council shall assign committee duties relating to the Council and direct the Executive Director to convene hearings and conduct other necessary business of the Council.
(C) Duties of vice chairperson.--If the Chairperson of the Council is unable to serve, the Vice Chairperson shall serve as the Chairperson.
(b) Duties of the Council.--
(1) In general.--The Council--
(A) shall advise the Director on drug prevention, education, and treatment and assist the Deputy Director of Demand Reduction in the responsibilities for the coordination of the demand reduction programs of the Federal Government and the analysis and consideration of prevention and treatment alternatives; and
(B) may issue reports and recommendations on drug prevention, education, and treatment, in addition to the reports detailed in paragraph (2), as the Council considers appropriate.
(2) Submission of reports.--Any report or recommendation issued by the Council shall be submitted to the Director and subsequently to Congress.
(3) Advice on the national drug control strategy.--Not later than December 1, 1999, and on December 1 of each year thereafter, the Council shall submit to the Director an annual report containing drug control strategy recommendations on drug prevention, education, and treatment. The Director may include any recommendations submitted under this paragraph in the report submitted by the Director under section 706(b).
(c) Expenses.--The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council.
(d) Authorization of Appropriations.--There are authorized to be appropriated to the Council such sums as may be necessary to carry out this section.

SEC. 711. DRUG INTERDICTION.

(a) Definition.--In this section, the term ``Federal drug control agency'' means--
(1) the Office of National Drug Control Policy;
(2) the Department of Defense;
(3) the Drug Enforcement Administration;
(4) the Federal Bureau of Investigation;
(5) the Immigration and Naturalization Service;
(6) the United States Coast Guard;
(7) the United States Customs Service; and
(8) any other department or agency of the Federal Government that the Director determines to be relevant.
(b) Report.--In order to assist Congress in determining the personnel, equipment, funding, and other resources that would be required by Federal drug control agencies in order to achieve a level of interdiction success at or above the highest level achieved before the date of enactment of this title, not later than 90 days after the date of enactment of this Act, the Director shall submit to Congress and to each Federal drug control program agency a report, which shall include--
(1) with respect to the southern and western border regions of the United States (including the Pacific coast, the border with Mexico, the Gulf of Mexico coast, and other ports of entry) and in overall totals, data relating to--
(A) the amount of marijuana, heroin, methamphetamine, and cocaine--
(i) seized during the year of highest recorded seizures for each drug in each region and during the year of highest recorded overall seizures; and
(ii) disrupted during the year of highest recorded disruptions for each drug in each region and during the year of highest recorded overall seizures; and
(B) the number of persons arrested for violations of section 1010(a) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)) and related offenses during the year of the highest number of arrests on record for each region and during the year of highest recorded overall arrests;
(2) the price of cocaine, heroin, methamphetamine, and marijuana during the year of highest price on record during the preceding 10-year period, adjusted for purity where possible; and

[[Page H11231]]

(3) a description of the personnel, equipment, funding, and other resources of the Federal drug control agency devoted to drug interdiction and securing the borders of the United States against drug trafficking for each of the years identified in paragraphs (1) and (2) for each Federal drug control agency.
(c) Budget Process.--
(1) Information to director.--Based on the report submitted under subsection (b), each Federal drug control agency shall submit to the Director, at the same time as each annual drug control budget request is submitted by the Federal drug control agency to the Director under section 704(c)(1), a description of the specific personnel, equipment, funding, and other resources that would be required for the Federal drug control agency to meet or exceed the highest level of interdiction success for that agency identified in the report submitted under subsection (b).
(2) Information to congress.--The Director shall include each submission under paragraph (1) in each annual consolidated National Drug Control Program budget proposal submitted by the Director to Congress under section 704(c)(2), which submission shall be accompanied by a description of any additional resources that would be required by the Federal drug control agencies to meet the highest level of interdiction success identified in the report submitted under subsection (b).

SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended--
(1) in subsection (b)--
(A) by striking ``section 524(c)(9)'' and inserting ``section 524(c)(8)''; and
(B) by striking ``section 9307(g)'' and inserting ``section 9703(g)''; and
(2) in subsection (e), by striking ``strategy'' and inserting ``Strategy''.

SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Title 5, United States Code.--Chapter 53 of title 5, United States Code, is amended--
(1) in section 5312, by adding at the end the following: ``Director of National Drug Control Policy.'';
(2) in section 5313, by adding at the end the following: ``Deputy Director of National Drug Control Policy.''; and
(3) in section 5314, by adding at the end the following: ``Deputy Director for Demand Reduction, Office of National Drug Control Policy.
``Deputy Director for Supply Reduction, Office of National Drug Control Policy.
``Deputy Director for State and Local Affairs, Office of National Drug Control Policy.''.
(b) National Security Act of 1947.--Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following:
``(f) The Director of National Drug Control Policy may, in the role of the Director as principal adviser to the National Security Council on national drug control policy, and subject to the direction of the President, attend and participate in meetings of the National Security Council.''.
(c) Submission of National Drug Control Program Budget With Annual Budget Request of President.--Section 1105(a) of title 31, United States Code, is amended by inserting after paragraph (25) the following:
``(26) a separate statement of the amount of appropriations requested for the Office of National Drug Control Policy and each program of the National Drug Control Program.''.

SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title, to remain available until expended, such sums as may be necessary for each of fiscal years 1999 through 2003.

SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.

(a) In General.--Except as provided in subsection (b), effective on September 30, 2003, this title and the amendments made by this title are repealed.
(b) Exception.--Subsection (a) does not apply to section 713 or the amendments made by that section.

 


TITLE VIII--WESTERN HEMISPHERE DRUG ELIMINATION

SEC. 801. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``Western Hemisphere Drug Elimination Act''.
(b) Table of Contents.--The table of contents for this title is as follows:

Sec. 801. Short title; table of contents.
Sec. 802. Findings and statement of policy.

 

Subtitle A--Enhanced Source and Transit Country Coverage

Sec. 811. Expansion of radar coverage and operation in source and transit countries.
Sec. 812. Expansion of Coast Guard drug interdiction.
Sec. 813. Expansion of aircraft coverage and operation in source and transit countries.

 


Subtitle B--Enhanced Eradication and Interdiction Strategy in Source Countries

Sec. 821. Additional eradication resources for Colombia.
Sec. 822. Additional eradication resources for Peru.
Sec. 823. Additional eradication resources for Bolivia.
Sec. 824. Miscellaneous additional eradication resources.
Sec. 825. Bureau of International Narcotics and Law Enforcement Affairs.

 


Subtitle C--Enhanced Alternative Crop Development Support in Source Zone

Sec. 831. Alternative crop development support.
Sec. 832. Authorization of appropriations for Agricultural Research Service counterdrug research and development activities.
Sec. 833. Master plan for herbicides to control narcotic crops.
Sec. 834. Authorization of use of environmentally-approved herbicides to eliminate illicit narcotics crops.

 


Subtitle D--Enhanced International Law Enforcement Training

Sec. 841. Enhanced international law enforcement academy training.
Sec. 842. Enhanced United States drug enforcement international training.
Sec. 843. Provision of nonlethal equipment to foreign law enforcement organizations for cooperative illicit narcotics control activities.

 


Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment

Sec. 851. Increased funding for operations and equipment; report.
Sec. 852. Funding for computer software and hardware to facilitate direct communication between drug enforcement agencies.
Sec. 853. Sense of Congress regarding priority of drug interdiction and counterdrug activities.

 


Subtitle F--Relationship to Other Laws

Sec. 861. Authorizations of appropriations.

 


Subtitle G--Trafficking in Controlled Substances

Sec. 871. Short title.
Sec. 872. Limitation.

SEC. 802. FINDINGS AND STATEMENT OF POLICY.

(a) Findings.--Congress makes the following findings:
(1) Teenage drug use in the United States has doubled since 1993.
(2) The drug crisis facing the United States is a top national security threat.
(3) The spread of illicit drugs through United States borders cannot be halted without an effective drug interdiction strategy.
(4) Effective drug interdiction efforts have been shown to limit the availability of illicit narcotics, drive up the street price, support demand reduction efforts, and decrease overall drug trafficking and use.
(5) A prerequisite for reducing youth drug use is increasing the price of drugs. To increase price substantially, at least 60 percent of drugs must be interdicted.
(6) In 1987, the national drug control budget maintained a significant balance between demand and supply reduction efforts, illustrated as follows:
(A) 29 percent of the total drug control budget expenditures for demand reduction programs.
(B) 38 percent of the total drug control budget expenditures for domestic law enforcement.
(C) 33 percent of the total drug control budget expenditures for international drug interdiction efforts.
(7) In the late 1980's and early 1990's, counternarcotic efforts were successful, specifically in protecting the borders of the United States from penetration by illegal narcotics through increased seizures by the United States Coast Guard and other agencies, including a 302 percent increase in pounds of cocaine seized between 1987 and 1991.
(8) Limiting the availability of narcotics to drug traffickers in the United States had a promising effect as illustrated by the decline of illicit drug use between 1988 and 1991, through a--
(A) 13 percent reduction in total drug use;
(B) 35 percent drop in cocaine use; and
(C) 16 percent decrease in marijuana use.
(9) In 1993, drug interdiction efforts in the transit zones were reduced due to an imbalance in the national drug control strategy. This trend has continued through 1995 as shown by the following figures:
(A) 35 percent for demand reduction programs.
(B) 53 percent for domestic law enforcement.
(C) 12 percent for international drug interdiction efforts.
(10) Supply reduction efforts became a lower priority for the Administration and the seizures by the United States Coast Guard and other agencies decreased as shown by a 68 percent decrease in the pounds of cocaine seized between 1991 and 1996.
(11) Reductions in funding for comprehensive interdiction operations like OPERATION GATEWAY and OPERATION STEELWEB, initiatives that encompassed all areas of interdiction and attempted to disrupt the operating methods of drug smugglers along the entire United States border, have created unprotected United States border areas which smugglers exploit to move their product into the United States.
(12) The result of this new imbalance in the national drug control strategy caused the drug situation in the United States to become a crisis with serious consequences including--
(A) doubling of drug-abuse-related arrests for minors between 1992 and 1996;
(B) 70 percent increase in overall drug use among children aged 12 to 17;
(C) 80 percent increase in drug use for graduating seniors since 1992;
(D) a sharp drop in the price of 1 pure gram of heroin from $1,647 in 1992 to $966 in February 1996; and
(E) a reduction in the street price of 1 gram of cocaine from $123 to $104 between 1993 and 1994.
(13) The percentage change in drug use since 1992, among graduating high school students who used drugs in the past 12 months, has substantially increased--marijuana use is up 80 percent, cocaine use is up 80 percent, and heroin use is up 100 percent.

[[Page H11232]]

(14) The Department of Defense has been called upon to support counter-drug efforts of Federal law enforcement agencies that are carried out in source countries and through transit zone interdiction, but in recent years Department of Defense assets critical to those counter-drug activities have been consistently diverted to missions that the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider a higher priority.
(15) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff, through the Department of Defense policy referred to as the Global Military Force Policy, has established the priorities for the allocation of military assets in the following order: (1) war; (2) military operations other than war that might involve contact with hostile forces (such as peacekeeping operations and noncombatant evacuations); (3) exercises and training; and (4) operational tasking other than those involving hostilities (including counter-drug activities and humanitarian assistance).
(16) Use of Department of Defense assets is critical to the success of efforts to stem the flow of illegal drugs from source countries and through transit zones to the United States.
(17) The placement of counter-drug activities in the fourth and last priority of the Global Military Force Policy list of priorities for the allocation of military assets has resulted in a serious deficiency in assets vital to the success of source country and transit zone efforts to stop the flow of illegal drugs into the United States.
(18) At present the United States faces few, if any, threats from abroad greater than the threat posed to the Nation's youth by illegal and dangerous drugs.
(19) The conduct of counter-drug activities has the potential for contact with hostile forces.
(20) The Department of Defense counter-drug activities mission should be near the top, not among the last, of the priorities for the allocation of Department of Defense assets after the first priority for those assets for the war- fighting mission of the Department of Defense.
(b) Statement of Policy.--It is the policy of the United States to--
(1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries, as well support a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and
(2) develop and establish comprehensive drug interdiction and drug eradication strategies, and dedicate the required resources, to achieve the goal of reducing the flow of illegal drugs into the United States by 80 percent by as early as January 1, 2003.

 


Subtitle A--Enhanced Source and Transit Country Coverage

SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND TRANSIT COUNTRIES.

(a) Authorization of Appropriations.--Funds are authorized to be appropriated for the Department of the Treasury for fiscal years 1999, 2000, and 2001 for the enhancement of radar coverage in drug source and transit countries in the total amount of $14,300,000 which shall be available for the following purposes:
(1) For restoration of radar, and operation and maintenance of radar, in the Bahamas.
(2) For operation and maintenance of ground-based radar at Guantanamo Bay Naval Base, Cuba.
(b) Report.--Not later than January 31, 1999, the Secretary of Defense, in conjunction with the Director of Central Intelligence, shall submit to the Committee on National Security, the Committee on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate a report examining the options available to the United States for improving Relocatable Over the Horizon (ROTHR) capability to provide enhanced radar coverage of narcotics source zone countries in South America and transit zones in the Eastern Pacific. The report shall include--
(1) a discussion of the need and costs associated with the establishment of a proposed fourth ROTHR site located in the source or transit zones; and
(2) an assessment of the intelligence specific issues raised if such a ROTHR facility were to be established in conjunction with a foreign government.

SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.

(a) Operating Expenses.--For operating expenses of the Coast Guard associated with expansion of drug interdiction activities around Puerto Rico, the United States Virgin Islands, and other transit zone areas of operation, there is authorized to be appropriated to the Secretary of Transportation $151,500,000 for each of fiscal years 1999, 2000, and 2001. Such amounts shall include (but are not limited to) amounts for the following:
(1) For deployment of intelligent acoustic detection buoys in the Florida Straits and Bahamas.
(2) For a nonlethal technology program to enhance countermeasures against the threat of transportation of drugs by so-called Go-Fast boats.
(b) Acquisition, Construction, and Improvement.--
(1) In general.--For acquisition, construction, and improvement of facilities and equipment to be used for expansion of Coast Guard drug interdiction activities, there is authorized to be appropriated to the Secretary of Transportation for fiscal year 1999 the total amount of $630,300,000 which shall be available for the following purposes:
(A) For maritime patrol aircraft sensors.
(B) For acquisition of deployable pursuit boats.
(C) For the acquisition and construction of up to 15 United States Coast Guard Coastal Patrol Boats.
(D) For--
(i) the reactivation of up to 3 United States Coast Guard HU-25 Falcon jets;
(ii) the procurement of up to 3 C-37A aircraft; or
(iii) the procurement of up to 3 C-20H aircraft.
(E) For acquisition of installed or deployable electronic sensors and communications systems for Coast Guard Cutters.
(F) For acquisition and construction of facilities and equipment to support regional and international law enforcement training and support in Puerto Rico, the United States Virgin Islands, and the Caribbean Basin.
(G) For acquisition or conversion of maritime patrol aircraft.
(H) For acquisition or conversion of up to 2 vessels to be used as Coast Guard Medium or High Endurance Cutters.
(I) For acquisition or conversion of up to 2 vessels to be used as Coast Guard Cutters as support, command, and control platforms for drug interdiction operations.
(J) For acquisition of up to 6 Coast Guard Medium Endurance Cutters.
(2) Continued availability.--Amounts appropriated under this subsection may remain available until expended.
(c) Requirement To Accept Patrol Craft From Department of Defense.--The Secretary of Transportation shall accept, for use by the Coast Guard for expanded drug interdiction activities, 7 PC-170 patrol craft if offered by the Department of Defense.