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      TITLE IX-DRUG CONTROL







   Subtitle A-Enhanced Penalties and General Provisions



   SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN



   Section 1791 of title 18, United States Code, is amended-



   (1) in subsection (c), by inserting before "Any" the following new
   sentence: "Any punishment imposed under subsection (b) for a violation
   of this section involving a controlled substance shall be consecutive
   to any other sentence imposed by any court for an offense involving
   such a controlled substance.";



   (2) in subsection (d)(1)(A), by inserting after "a firearm or
   destructive device" the following: "or a controlled substance in
   schedule I or II, other than marijuana or a controlled substance
   referred to in subparagraph (C) of this subsection";



   (3) in subsection (d)(1)(B), by inserting before "ammunition," the
   following: "marijuana or a controlled substance in schedule III, other
   than a controlled substance referred to in subparagraph (C) of this
   subsection,";



   (4) in subsection (d)(1)(C), by inserting "methamphetamine, its salts,
   isomers, and salts of its isomers," after "a narcotic drug,";



   (5) in subsection (d)(1)(D), by inserting "(A), (B), or" before "(C)";
   and



   (6) in subsection (b), by striking "(c)" each place it appears and
   inserting "(d)".



   SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN "DRUG-FREE" ZONES.




   Pursuant to its authority under section 994 of title 28, United States
   Code, the United States Sentencing Commission shall amend its
   sentencing guidelines to provide an appropriate enhancement for a
   defendant convicted of violating section 419 of the Controlled
   Substances Act (21 U.S.C. 860).



   SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS
   AND FOR SMUGGLING DRUGS INTO FEDERAL PRISONS.



   (a) Declaration of Policy .-It is the policy of the Federal Government
   that the use or distribution of illegal drugs in the Nation's Federal
   prisons will not be tolerated and that such crimes shall be prosecuted
   to the fullest extent of the law.



   (b) Sentencing Guidelines .-Pursuant to its authority under section
   994 of title 28, United States Code, the United States Sentencing
   Commission shall amend its sentencing guidelines to appropriately
   enhance the penalty for a person convicted of an offense-



   (1) under section 404 of the Controlled Substances Act involving
   simple possession of a controlled substance within a Federal prison or
   other Federal detention facility; or



   (2) under section 401(b) of the Controlled Substances Act involving
   the smuggling of a controlled substance into a Federal prison or other
   Federal detention facility or the distribution or intended
   distribution of a controlled substance within a Federal prison or
   other Federal detention facility.



   (c) No Probation .-Notwithstanding any other law, the court shall not
   sentence a person convicted of an offense described in subsection (b)
   to probation.



   SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER
   RICO.



   Section 1961(1) of title 18, United States Code, is amended by
   striking "narcotic or other dangerous drugs" each place it appears and
   inserting "a controlled substance or listed chemical (as defined in
   section 102 of the Controlled Substances Act)".



   SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF
   THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED SUBSTANCES IMPORT AND
   EXPORT ACT.



   (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Substances
   Act (21 U.S.C. 841(b)(1) [*H8824] (B), (C), and (D)) and sections
   1010(b) (1), (2), and (3) of the Controlled Substances Import and
   Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in
   the sentence or sentences beginning "If any person commits" by
   striking "one or more prior convictions" through "have become final"
   and inserting "a prior conviction for a felony drug offense has become
   final".



   (b) Section 1012(b) of the Controlled Substances Import and Export Act
   (21 U.S.C. 962(b)) is amended by striking "one or more prior
   convictions of him for a felony under any provision of this title or
   title II or other law of a State, the United States, or a foreign
   country relating to narcotic drugs, marihuana, or depressant or
   stimulant drugs, have become final" and inserting "one or more prior
   convictions of such person for a felony drug offense have become
   final".



   (c) Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
   841(b)(1)(A)) is amended by striking the sentence beginning "For
   purposes of this subparagraph, the term 'felony drug offense' means".



   (d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
   amended by adding at the end the following new paragraph:



   "(43) The term 'felony drug offense' means an offense that is
   punishable by imprisonment for more than one year under any law of the
   United States or of a State or foreign country that prohibits or
   restricts conduct relating to narcotic drugs, marihuana, or depressant
   or stimulant substances.".



   SEC. 90106. ADVERTISING.



   Section 403 of the Controlled Substances Act (21 U.S.C. 843) is
   amended-



   (1) by redesignating subsections (c) and (d) as subsections (d) and
   (e), respectively; and



   (2) by inserting after subsection (b) the following new subsection:



   "(c) It shall be unlawful for any person to place in any newspaper,
   magazine, handbill, or other publications, any written advertisement
   knowing that it has the purpose of seeking or offering illegally to
   receive, buy, or distribute a Schedule I controlled substance. As used
   in this section the term 'advertisement' includes, in addition to its
   ordinary meaning, such advertisements as those for a catalog of
   Schedule I controlled substances and any similar written advertisement
   that has the purpose of seeking or offering illegally to receive, buy,
   or distribute a Schedule I controlled substance. The term
   'advertisement' does not include material which merely advocates the
   use of a similar material, which advocates a position or practice, and
   does not attempt to propose or facilitate an actual transaction in a
   Schedule I controlled substance.".



   SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS.



   (a) Definitions .-In this section-



   "major violent crime or drug-related emergency" means an occasion or
   instance in which violent crime, drug smuggling, drug trafficking, or
   drug abuse violence reaches such levels, as determined by the
   President, that Federal assistance is needed to supplement State and
   local efforts and capabilities to save lives, and to protect property
   and public health and safety.



   "State" means a State, the District of Columbia, the Commonwealth of
   Puerto Rico, the United States Virgin Islands, American Samoa, Guam,
   and the Northern Mariana Islands.



   (b) Declaration of Violent Crime and Drug Emergency Areas .-If a major
   violent crime or drug-related emergency exists throughout a State or a
   part of a State, the President may declare the State or part of a
   State to be a violent crime or drug emergency area and may take
   appropriate actions authorized by this section.



   (c) Procedure .-



   (1) In general .-A request for a declaration designating an area to be
   a violent crime or drug emergency area shall be made, in writing, by
   the chief executive officer of a State or local government,
   respectively (or in the case of the District of Columbia, the mayor),
   and shall be forwarded to the Attorney General in such form as the
   Attorney General may by regulation require. One or more cities,
   counties, States, or the District of Columbia may submit a joint
   request for designation as a major violent crime or drug emergency
   area under this subsection.



   (2) Finding .-A request made under paragraph (1) shall be based on a
   written finding that the major violent crime or drug-related emergency
   is of such



   severity and magnitude that Federal assistance is necessary to ensure
   an effective response to save lives and to protect property and public
   health and safety.



   (d) Irrelevancy of Population density .-The President shall not limit
   declarations made under this section to highly populated centers of
   violent crime or drug trafficking, drug smuggling, or drug use, but
   shall also consider applications from governments of less populated
   areas where the magnitude and severity of such activities is beyond
   the capability of the State or local government to respond.



   (e) Requirements .-As part of a request for a declaration under this
   section, and as a prerequisite to Federal violent crime or drug
   emergency assistance under this section, the chief executive officer
   of a State or local government shall-



   (1) take appropriate action under State or local law and furnish
   information on the nature and amount of State and local resources that
   have been or will be committed to alleviating the major violent crime-
   or drug-related emergency;



   (2) submit a detailed plan outlining that government's short- and
   long-term plans to respond to the violent crime or drug emergency,
   specifying the types and levels of Federal assistance requested and
   including explicit goals (including quantitative goals) and
   timetables; and



   (3) specify how Federal assistance provided under this section is
   intended to achieve those goals.



   (f) Review Period .-The Attorney General shall review a request
   submitted pursuant to this section, and the President shall decide
   whether to declare a violent crime or drug emergency area, within 30
   days after receiving the request.



   (g) Federal Assistance .-The President may- (1) direct any Federal
   agency, with or without reimbursement, to utilize its authorities and
   the resources granted to it under Federal law (including personnel,
   equipment, supplies, facilities, financial assistance, and managerial,
   technical, and advisory services) in support of State and local
   assistance efforts; and



   (2) provide technical and advisory assistance, including
   communications support and law enforcement- related intelligence
   information.



   (h) Duration of Federal Assistance .-



   (1) In general .-Federal assistance under this section shall not be
   provided to a violent crime or drug emergency area for more than 1
   year.



   (2) Extension .-The chief executive officer of a jurisdiction may
   apply to the President for an extension of assistance beyond 1 year.
   The President may extend the provision of Federal assistance for not
   more than an additional 180 days.



   (i) Regulations .-Not later than 120 days after the date of enactment
   of this Act, the Attorney General shall issue regulations to implement
   this section.



   (j) No Effect on Existing Authority .-Nothing in this section shall
   diminish or detract from existing authority possessed by the President
   or Attorney General.



   Subtitle B-NATIONAL NARCOTICS LEADERSHIP ACT AMENDMENTS



   SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY.



   (a) Program Budget .-Section 1003(c) of the National Narcotics
   Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended-



   (1) by redesignating paragraphs (5), (6), and (7), as paragraphs (6),
   (7), and (8), respectively; and



   (2) by inserting after paragraph (4) the following new paragraph:



   "(5) The Director shall request the head of a department or agency to
   include in the department's or agency's budget submission to the
   Office of Management and Budget funding requests for specific
   initiatives that are consistent with the President's priorities for
   the National Drug Control Strategy and certifications made pursuant to
   paragraph (3), and the head of the department or agency shall comply
   with such a request.".



   (b) Budget Recommendation .-Section 1003(b) of the National Narcotics
   Leadership Act of 1988 (21 U.S.C. 1502(b)) is amended-



   (1) by striking "and" at the end of paragraph (6);



   (2) by striking the period at the end of paragraph (7) and inserting
   "; and"; and



   (3) by adding at the end the following new paragraph:



   "(8) provide, by July 1 of each year, budget recommendations to the
   heads of departments and agencies with responsibilities under the
   National Drug Control Program, which recommendations shall apply to
   the second following fiscal year and address funding priorities
   developed in the annual National Drug Control Strategy.".



   (c) Control of Drug-Related Resources .-Section 1003 of the National
   Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended-



   (1) in subsection (d)-



   (A) by amending paragraph (2) to read as follows:



   "(2) request the head of a department or agency or program to place
   department, agency, or program personnel who are engaged in drug
   control activities on temporary detail to another department or agency
   in order to implement the National Drug Control Strategy, and the head
   of the department or agency shall comply with such a request;



   (B) by striking "and" at the end of paragraph (6);



   (C) by striking the period at the end of paragraph (7) and inserting a
   semicolon; and



   (D) by adding after paragraph (7) the following new paragraphs:



   "(8) except to the extent that the Director's authority under this
   paragraph is limited in an annual appropriations Act, transfer funds
   appropriated to a National Drug Control Program agency account to a
   different National Drug Control Program agency account in an amount
   that does not exceed 2 percent of the amount appropriated to either
   account, upon advance approval of the Committees on Appropriations of
   each House of Congress; and



   "(9) in order to ensure compliance with the National Drug Control
   Program, issue to the head of a National Drug Control Program agency a
   funds control notice described in subsection (f)."; and



   (2) by adding at the end the following new subsections:



   "(f) Funds Control Notices .-(1) A funds 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) An officer or employee of a National Drug Control Program agency
   shall not make or authorize an expenditure or obligation contrary to a
   funds control notice issued by the Director.



   "(3) 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.". [*H8825]



   (d) Certification of Adequacy of Budget Request .-Section
   1003(c)(3)(B) of the National Narcotics Leadership Act of 1988 (21
   U.S.C. 1502(c)(3)(B)) is amended-



   (1) by inserting "in whole or in part" after "adequacy of such
   request"; and



   (2) by striking the semicolon at the end and inserting "and, with
   respect to a request that is not certified as adequate to implement
   the objectives of the National Drug Control Strategy, include in the
   certification an initiative or funding level that would make the
   request adequate;".



   SEC. 90202. OFFICE PERSONNEL RESTRICTION.



   Section 1003 of the National Narcotics Leadership Act of 1988 (21
   U.S.C. 1502) is amended by adding at the end the following new
   subsection:



   "(f) Prohibition on Political Campaigning .-A Federal officer in the
   Office of National Drug Control Policy who is appointed by the
   President, by and with the advice and consent of the Senate, may not
   participate in Federal election campaign activities, except that such
   an official is not prohibited by this subsection from making
   contributions to individual candidates.".



   SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.



   Section 1005(a) of the National Narcotics Leadership Act of 1988 (21
   U.S.C. 1504(a)) is amended-



   (1) in paragraph (2)(A) by inserting "and the consequences of drug
   abuse" after "drug abuse"; and



   (2) by amending paragraph (4) to read as follows:



   "(4) The Director shall include with each National Drug Control
   Strategy an evaluation of the effectiveness of Federal drug control
   during the preceding year. The evaluation shall include an assessment
   of Federal drug control efforts, including-



   "(A) assessment of the reduction of drug use, including 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) high-risk populations, including school dropouts, the homeless
   and transient, arrestees, parolees, and probationers, and juvenile
   delinquents; and



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




   "(B) assessment of the reduction of drug availability, as measured by-




   "(i) the quantities of cocaine, heroin, and marijuana available for
   consumption in the United States;



   "(ii) the amount of cocaine and heroin entering the United States;



   "(iii) the number of hectares of poppy and coca cultivated and
   destroyed; "(iv) the number of metric tons of heroin and cocaine
   seized;



   "(v) the number of cocaine processing labs destroyed;



   "(vi) changes in the price and purity of heroin and cocaine;



   "(vii) the amount and type of controlled substances diverted from
   legitimate retail and wholesale sources; and



   "(viii) the effectiveness of Federal technology programs at improving
   drug detection capabilities at United States ports of entry;



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



   "(i) burdens drug users placed on hospital emergency rooms 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 communicable 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; and



   "(D) 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 number of treatment slots available in
   relation to the number actually used, including data on intravenous
   drug users and pregnant women;



   "(ii) the extent, within each State, to which treatment is available,
   on demand, to intravenous drug users and pregnant women;



   "(iii) the number of drug users the Director estimates could benefit
   from treatment; and



   "(iv) the success of drug treatment programs, including an assessment
   of the effectiveness of the mechanisms in place federally, and within
   each State, to determine the relative quality of substance abuse
   treatment programs, the qualifications of treatment personnel, and the
   mechanism by which patients are admitted to the most appropriate and
   cost effective treatment setting.



   "(5) The Director shall include with the National Drug Control
   Strategy required to be submitted not later than February 1, 1995, and
   with every second such strategy submitted thereafter- "(A) an
   assessment of the quality of current drug use measurement instruments
   and techniques to measure supply reduction and demand reduction
   activities;



   "(B) an assessment of the adequacy of the coverage of existing
   national drug use measurement instruments and techniques to measure
   the casual drug user population and groups at-risk for drug use;



   "(C) an assessment of the actions the Director shall take to correct
   any deficiencies and limitations identified pursuant to subparagraphs
   (A) and (B); and



   "(D) identification of 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.



   "(6) Federal agencies responsible for the collection or estimation of
   drug-related information required by the Director shall cooperate with
   the Director, to the fullest extent possible, to enable the Director
   to satisfy the requirements of sections 4 and 5.



   "(7) With each National Drug Control Strategy, the Director shall
   report to the President and the Congress on the Director's assessment
   of drug use and availability in the United States, including an
   estimate of the effectiveness of interdiction, treatment, prevention,
   law enforcement, and international programs under the National Drug
   Control Strategy in effect in the preceding year in reducing drug use
   and availability.".



   SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.



   (a) Drug Abuse Addiction and Rehabilitation Center .-Section 1003A of
   the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a(c)(1))
   is amended-



   (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs
   (C), (D), and (E), respectively; and



   (2) by inserting after subparagraph (A) the following:



   "(B) in consultation with the National Institute on Drug Abuse, and
   through interagency agreements or grants, examine addiction and
   rehabilitation research and the application of technology to expanding
   the effectiveness or availability of drug treatment;".



   (b) Assistance From the Advanced Research Project Agency .-Section
   1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C.
   1502a) is amended by adding at the end the following:



   "(f) Assistance and Support to Office of National Drug Control Policy
   .-The Director of the Advanced Research Project Agency shall, to the
   fullest extent possible, render assistance and support to the Office
   of National Drug Control Policy and its Director.".



   (c) Repeal and Redesignation .-The National Narcotics Leadership Act
   of 1988 is amended by-



   (1) repealing section 1008 (21 U.S.C. 1505), as in effect on the date
   of the enactment of this Act;



   (2) redesignating section 1003A, as amended by subsection (b) of this
   section, as section 1008; and



   (3) moving such section, as redesignated, so as to follow section
   1007.



   SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.



   (a) Deposits Into Special Forfeiture Fund .-Section 6073 of the Asset
   Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended to read
   as follows:



   "(b) Deposits .-There shall be deposited into the Fund the amounts
   specified by section 524(c)(9) of title 28, United States Code, and
   section 9307(g) of title 31, United States Code, and any earnings on
   the investments authorized by subsection (d).".



   (b) Transfers From Department of Justice Assets Forfeiture Fund
   .-Section 524(c)(9) of title 28, United States Code, is amended by
   amending subparagraphs



   (B), (C), and (D) to read as follows:



   "(B) Subject to subparagraphs (C) and (D), at the end of each of
   fiscal years 1994, 1995, 1996, and 1997, the Attorney General shall
   transfer from the Fund not more than $ 100,000,000 to the Special
   Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act
   of 1988.



   "(C) Transfers under subparagraph (B) may be made only from the excess
   unobligated balance and may not exceed one-half of the excess
   unobligated balance for any year. In addition, transfers under
   subparagraph (B) may be made only to the extent that the sum of the
   transfers in a fiscal year and one-half of the unobligated balance at
   the beginning of that fiscal year for the Special Forfeiture Fund does
   not exceed $ 100,000,000.



   "(D) For the purpose of determining amounts available for distribution
   at year end for any fiscal year, 'excess unobligated balance' means
   the unobligated balance of the Fund generated by that fiscal year's
   operations, less any amounts that are required to be retained in the
   Fund to ensure the availability of amounts in the subsequent fiscal
   year for purposes authorized under paragraph (1).".



   (c) Transfers From Department of the Treasury Forfeiture Fund .-
   Section 9703(g) of title 31, United States Code, is amended-



   (1) in paragraph (3)-



   (A) by amending subparagraph (A) to read as follows:



   "(A) Subject to subparagraphs (B) and (C), at the end of each of
   fiscal years 1994, 1995, 1996, and 1997, the Secretary shall transfer
   from the Fund not more than $ 100,000,000 to the Special Forfeiture
   Fund established by section 6073 of the Anti-Drug Abuse Act of 1988.";
   and



   (B) in subparagraph (B) by adding the following at the end: "Further,
   transfers under subparagraph (A) may not exceed one-half of the excess
   unobligated balance for a year. In addition, transfers under
   subparagraph (A) may be made only to the extent that the sum of the
   transfers in a fiscal year and one- half of the unobligated balance at
   the beginning of that fiscal year for the Special Forfeiture Fund does
   not exceed $ 100, 000,000."; and



   (2) in subparagraph (4)(A)-



   (A) in clause (i) by striking "(i)"; and



   (B) by striking clause (ii).



   (d) Surplus Funds .-Section 6073 of the Asset Forfeiture Amendments
   Act of 1988 (21 U.S.C. 1509) is amended-



   (1) by redesignating subsections (c), (d), (e), and (f), as
   subsections (d), (e), (f), and (g), respectively; and



   (2) by inserting after subsection (b) the following new subsection:
   [*H8826]



   "(c) Super Surplus .-(1) Any unobligated balance up to $ 20,000,000
   remaining in the Fund on September 30 of a fiscal year shall be
   available to the Director, subject to paragraph (2), to transfer to,
   and for obligation and expenditure in connection with drug control
   activities of, any Federal agency or State or local entity with
   responsibilities under the National Drug Control Strategy.



   "(2) A transfer may be made under paragraph (1) only with the advance
   written approval of the Committees on Appropriations of each House of
   Congress.".



   SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.



   Section 1011 of the National Narcotics Leadership Act of 1988 (21
   U.S.C. 1508) is amended by striking "4" and inserting "8".



   SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG CONTROL
   POLICY.



   Section 1008(d)(1) of the National Narcotics Leadership Act of 1988
   (21 U.S.C. 1502(d)(1)) is amended by striking "such" and inserting "up
   to 75 and such additional".



   SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.



   (a) Reauthorization .-Section 1009 of the National Narcotics
   Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking "the
   date which is 5 years after the date of the enactment of this
   subtitle" and inserting "September 30, 1997".



   (b) Continued Effectiveness .-The National Narcotics Leadership Act of
   1988 (21 U.S.C. 1501 et seq.) shall be considered not to have been
   repealed by operation of section 1009 of that Act, but shall remain in
   effect as if the amendment made by subsection (a) had been included in
   that Act on the date of its enactment.