APPOINTMENT AND DUTIES OF DIRECTOR, DEPUTY DIRECTORS, AND ASSOCIATE DIRECTOR.

SEC. 1003. APPOINTMENT AND DUTIES OF DIRECTOR, DEPUTY DIRECTORS, 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 Supply Reduction, and the Associate Director for National Drug Control Policy 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 Director shall— (1) establish policies, objectives, and priorities for the National 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 agencies under the National Drug Control Strategy; (4) make such recommendations to the President as the Director determines are appropriate regarding— (A) changes in the organization, management, and budgets of Federal departments and agencies engaged in drug enforcement; and 102 STAT. 4183 (B) the allocation of personnel to and within such departments 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 Program agencies; (6) 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; 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 Director 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 preparation 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 appropriated 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 concurrence of the Director of the Office of Management and Budget. 102 STAT. 4184 (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 department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department 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 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 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) 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 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.