COORDINATION OF NATIONAL DRUG POLICY
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP90M00005R001400040009-9
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
6
Document Creation Date:
December 27, 2016
Document Release Date:
October 5, 2012
Sequence Number:
9
Case Number:
Publication Date:
November 14, 1988
Content Type:
REPORT
File:
Attachment | Size |
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Body:
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_y~~ OCA 3718/88
OFFICE OF CONGRESSIONAL AFFAIRS
Routing Slip
ACTION
INFO
1. D OCA
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2. DD/Legislation
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3. DD/Senate Affairs
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4. Ch/Senate Affairs
5. DD/House Affairs
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6. Ch/House Affairs
7. Admin Officer
8. FOIA Officer
Constituent Inquiries
9. Officer
10.
11.
12.
16 NOV 88
STAT
STAT
Remarks: THE FULL- TEXT WIT
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I~~:~R. 5210
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one hundredth ~on~re,~~ of the ~nite~ $tate~ of ~meri~a
Begun and held at the City of Washington on Monday, the twenty-ftfth day of ,January,
on.e thousand nine hundred and eighty-eight
~n ~~t
To prevent the manufacturing, distribution, and use of illegal drugs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Anti-Drug Abuse Act of 1988".
SEC: 2. TABLE OF TITLES.
Title I-Coordination of national drug policy
Title II-Treatment and prevention programs
Title III-Drug education programs
Title IV=International narcotics control
Title V-User accountability
Title VI-Anti-drug abuse amendments act of 1988
Title VII-Death penalty and other criminal and law enforcement matters
Title VIII-Federal alcohol administration
Title IX-Miscellaneous
Title X-Supplemental appropriations
TITLE I-COORDINATION OF NATIONAL
DRUG POLICY
Subtitle A-National Drug Control Program
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the "National Narcotics Leadership
Act of 1988".
SEC. 1002. ESTABLISHMENT OF OFFICE.
(a) ESTABLISHMENT of OFFICE.-There is established in the Execu-
tive Office of the President the "Office of National Drug Control
Policy".
(b) DIRECTOR AND DEPUTY DIRECTORS.-(1) There Shall be at the
head of the Office of National Drug Control Policy a Director of
National Drug Control Policy.
(2) There shall be in the Office of National Drug Control Policy a
Deputy Director for Demand Reduction and a Deputy Director for
Supply Reduction.
(3) The Deputy Director for Demand Reduction and the `Deputy
Director for Supply Reduction shall assist the Director in carrying
out the responsibilities of the Director under this Act.
(C) BUREAU OF STATE AND LOCAL AFFAIRS.-(1) There 1S established
in the Office of National Drug Control Policy a Bureau of State and
Local Affairs.
(2) There shall be at the head of such bureau an Associate Director
for National Drug Control Policy.
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(d) ACCESS BY CONGRESS.-The location of the Office of National
Drug Control Policy in the Executive Office of the President shall
not be construed as affecting access by the Congress or committees
of either House to-
(1) information, documents, and studies in the possession of,
or conducted by or at the direction of the Director; or
(2) personnel of the Office of National Drug Control Policy.
SEC. 1003. APPOINTMENT AND DUTIES OF DIRECTOR, DEPUTY DIREC-
TORS, AND ASSOCIATE DIRECTOR.
(a) APPOINTMENT.-(1) The Director, the Deputy Director for
Demand Reduction, the Deputy Director for Supply Reduction, and
the Associate Director for National Drug Control Policy shall each
be appointed by the President, by and with the advice and consent of
the Senate.
(2) The Director, the Deputy Director for Demand Reduction, the
Deputy Director for Suppl Reduction, and the Associate Director
for National Drug Control ~olicy shall each serve at the pleasure of
the President. No person shall serve as Director, a Deputy Director,
or Associate Director while serving in any other position in the
Federal Government.
(3) Section 101 of the National Security Act of 1947 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 his role
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.".
(4)(A) Section 5312 of title 5, United States Code, is amended by
adding at the end thereof the following:
"Director of National Drug Control Policy.".
(B) Section 5314 of title 5, United States Code, is amended by
adding at the end thereof the following:
"Deputy Director for Demand Reduction, Office of National
Drug Control Policy.
"Deputy Director for Supply Reduction, Office of National
Drug Control Policy.".
(C) Section 5315 of title 5, United States Code, is amended by
adding at the end thereof the following:
"Associate Director for National Drug Control Policy,
Office of National Drug Control Policy.".
(b) RESPONSIBILITIES.-The D1reCtor Shall-
(1) establish policies, objectives, and priorities for the Na-
tional Drug Control Program;
(2) annually promulgate the National Drug Control Strategy
in accordance with section 1005;
_ (3) coordinate and oversee the implementation by National
Drug Control Program agencies of the policies, objectives, and
priorities established-under paragraph (1) and the fulfillment of
the responsibilities of such agencles under the National. Drug
Control Strategy;
(4) make such recommendations to the President as the Direc-
tor determines are appropriate regarding-
(A) changes in the organization, management, and budg-
ets of Federal departments and agencies engaged in drug
enforcement; and
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(B) the allocation of personnel to and within such depart-
ments and agencies;
to implement the policies, priorities, and objectives established
under paragraph (1) and the National Drug Control Strategy;
(5) consult with and assist State and local governments with
respect to their relations with the National Drug Control Pro-
gram agencies;
(6) appear before duly constituted committees and subcommit-
tees of the House of Representatives and of the Senate to
represent the drug policies of the executive branch; and
(7) notify any National Drug Control Program agency if its
policies are not in compliance with the responsibilities of such
agency under the National Drug Control Strategy and transmit
a copy of each such notification to the President.
(C) NATIONAL DRUG CONTROL PROGRAM BUDGET.-(1) The D1reCtOr
shall develop for each fiscal year, with the advice of the program
managers of departments and agencies with responsibilities under
the National Drug Control Program, a consolidated National Drug
Control Program budget proposal to implement the National Drug
Control Strategy, and shall transmit such budget proposal to the
President and to the Congress.
(2) Each Federal Government program manager, agency head, and
department head with responsibilities under the National Drug
. Control Strategy shall transmit the drug control budget request of
the program, agency, or department to the Director at the same
time as such request is submitted to their superiors (and before
submission to the Office of Management and Budget) in the prepara-
tion of the budget of the President submitted to the Congress under
section 1105(a) of title 31, United States Code.
(3) The Director shall-
(A) review each drug control budget request transmitted to
the Director under paragraph (2);
(B) certify in writing as to the adequacy of such request to
implement the objectives of the National Drug Control Strategy
for the year for which the request is submitted; and
(C) notify the program manager, agency head, or department
head, as applicable, regarding the Director's certification under
subparagraph (B).
(4) The Director shall maintain records regarding certifications
under paragraph (3)(B).
(5)(A) No National Drug Control Program agency shall submit to
the Congress a reprogramming or transfer request with respect to
any amount of appropriated funds greater than $5,000,000 which is
included in the. National Drug Control Program budget unless such
request has been approved by the Director.
(B) 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.
(6) The Director shall report to the Congress on a quarterly basis
regarding the need for any reprogramming or transfer of appro-
priated funds for National Drug Control Program activities.
(7) The head of each National Drug Control Program agency shall
ensure timely development and submission to the Director of drug
control budget requests transmitted pursuant to subsection (c)(2), in
such format as may be designated by the Director with the concur-
rence of the Director of the Office of Management and Budget.
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(d) POWERS of DIRECTOR.-In carrying out the responsibilities
established under subsection (b), the Director may-
(1) select, appoint, employ, and fix .compensation of such
officers and employees as may be necessary to carry out the
functions of the Office of National Drug Control Policy under
this title;
(2) direct, with the concurrence of. the Secretary of a depart-
ment or head of an agency, the temporary reassignment within
the Federal Government of personnel employed by such depart-
ment or agency, in order to implement United States drug
control policy;
(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 accord-
ance 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 for GS-18 of the General Schedule under section
5332 of title 5, United States Code;
(5) accept and use donations of property from Federal, State,
and local government agencies;
(6) use the mails in the same manner as any other department
or agency of the executive branch; and
(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.
(e) PERSONNEL DETAILED TO THE OFFICE.-(1) NOtWlthstandlrig ariy
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 of National Drug Control Policy 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)(A) Notwithstanding any other provision of law, the Director
may provide periodic bonus payments to any employee detailed to
the Office of National Drug Control Policy.
B) An amount paid under this paragraph to an employee for any
period shall not be greater than 20 percent of the basic pay paid or
payable to such employee for such period.
(C) Any payment under this paragraph to an employee shall be in
addition to the basic pay of such employee.
(D) The aggregate amount paid during any fiscal year to an
employee detailed to the Office of National Drug Control Policy 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.
SEC. 1004. COORDINATION WITH EXECUTIVE BRANCH DEPARTMENTS
AND AGENCIES.
(a) ACCESS To INFORMATION.-(1) Upon request of the Director, and
subject to laws governing disclosure of information, the head of each
National Drug Control Program agency shall provide to the Director
such information as may be required for drug control.
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(2)(A) The authorities conferred on the Office of National Drug
Control Policy and its Director by this Act shall be exercised in a
manner consistent with provisions of the National Security Act of
1947. The Director of Central Intelligence shall prescribe such regu-
lations as may be necessary to protect information provided pursu-
ant to this Act regarding intelligence sources and methods.
(B) The Director of Central Intelligence shall, to the fullest extent
possible in accordance with subparagraph (A), render full assistance
and support to the Office of National Drug Control Policy and its
Director.
(b) CERTIFICATION OF POLICY CHANGES BY DIRECTOR.-(1) 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 such department or 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 depart-
ment or agency head in writing whether such change is consistent
with the National Drug Control Strategy.
(2) If prior notice of a proposed change under paragraph (1) is not
possible, the department or agency head shall notify the Director as
soon as practicable. The Director shall review such change and
certify to the department or agency head in writing whether such
change is consistent with the National Drug Control Program.
(C) GENERAL SERVICES ADMINISTRATION.-The Administrator of
General Services shall provide to the Director on a reimbursable
basis such administrative support services as the Director may
request.
SEC. 1005. DEVELOPMENT AND SUBMISSION OF NATIONAL DRUG CON-
TROL STRATEGY.
(a) DEVELOPMENT AND .SUBMISSION OF THE NATIONAL DRUG CON-
TROL STRATEGY.-(1) NOt later than 18~ days after the first DlrectOr
is confirmed by the Senate, and not later than February 1 of each
year thereafter, the President shall submit to the Congress a Na-
tional Drug Control Strategy. Any part of such strategy that in-
volves information properly classified under criteria established by
an Executive order shall be presented to the Congress separately.
(2) The National Drug Control Strategy submitted under para-
graph (1) shall-
(A) include comprehensive, research-based, long-range goals
for reducing drug abuse in the United States;
(B) include short-term measurable objectives which the Direc-
tor determines may be realistically achieved in the 2-year
period beginning on the date of the submission of the strategy;
(C) describe the balance between resources devoted to supply
reduction and demand reduction; and
- (D) review State and local drug control activities to ensure
that the United States pursues well-coordinated and effective
drug control at all levels of government.
(3)(A) In developing the National Drug Control Strategy, the
Director shall consult with-
(i) the heads of the National Drug Control Program agencies;
(ii) the Congress;
(iii) State and local officials;
(iv) private citizens with experience and expertise in demand
reduction; and
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