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O l O H

N o t i c e s Federal RegisterVol. 62, No. 28Tuesday. February 11, 1997

This section oftheFEDERAL REGISTERcontains documents other than rules orproposed rules that areapplicable to thepublic. Notices ofhearir gs and investigations,committer rmetlngs, agency decisions andruHngs, delegations ofauthority, filingofpetitions andapplications andagencystatements oforganization andfunctions areexamples ofdocuments appearing inthissection.

EXECirriVE OFFICE OF TWEPRESIDENTOffice ofNational Drug Control PolicyAdministration Response toArizonaProposition 200 and CallfbmiaProposition 215AGENCY: Office of National Drug ControlPoUcy, Executive OfRce of thePresident.ACTION: Notice.SUMMARY: This notice lists the Fedagovernment response to the recentpassage of propositions which makedangerous drugs m ore available inCaltfornia and Arizona. These measurespose a threat to liie National DrugControl Strategy goal of reducing drugabuse in the United States. At thedirection of the President, the Office ofNational Drug Control Policy (ONDCP)developed a coordinated admlnis&ationstrategy to respond to tlie actions inArizona and California w ith the otheragencies of the Federal Government tominimize the tragedy of drug abuse inAmerica.FOR FURTHER INFORMATION CONTACT:Comments and questions regarding thisnotice should be directed to Mr. DanSch eaer , Office of Demand Reduction,ONDCP, Executive O ffice of thePresident. 750 17th Street N.W.,Washington. D.C. 20503. (202) 395-6733.SUPPLEMENTARY INFORMATION: A Federalinteragency working group chaired byONDCP met four times in Novemberand December. In developing thisstrategy, the inter-agency group gavedue consideration to tw o key principles:federal authority v is a vis that of thestates, and the requirement to ensureAmerican citizens are provided safe andetTectlve m edicin e. The President hasapproved th is strategy, and Federal drugcontrol agencies will undertake thefollowing coordinated courses of action:

A. Objective 1Maintain EffectiveEnforcement Efforts W ithin th eFramework Created by the FederalControlled Substances A ct and theFood, Drug, and Cosmetic ActDepartment of Justice's (DOJ) positionis that a practitioner's action ofrecommending or prescribing ScheduleI controlled substances is not con sistentwith the "p ublic interest" (as thatphrase is used in the federal C ontrolledSubstances Act) and will lead toadministrative action by the DrugEnforcement Administration (DEA) torevoke th e practitioner's registration.DOJ and Department of Health andHuman Services (HHS) will send a letterto national, state, and local practitionerassociations and licensing boards whichstates unequivocally that DEA will seek

to revoke the DEA registrations ofphysicians who recommend or prescribeScliedule I controlled substances. Thisletter will outline the authority of theInspector General for HHS to excludespecified individuals or entitie s fromparticipation in the Medicare andMedicaid programs.DOJ will continue existingenforcement programs using thefollowing criteria: (a) the absence of abona fide doctor-patient relationship; (b)a high volum e of prescriptions orrecommendations of Schedule Icontroiied substances; (c) theaccum ulation of significant profits orassetsfromthe prescription orrecommendation of Schedule Icontrolled substances; (d) Schedule Icontrolled substances being provided tominors; and/or (e) specialcircumstances, su ch as when death orserious bodily Injury results fromdrugged driving. The five U.S. Attorneysin California and Arizona wUl continueto review cases for prosecution usingtfiese criteria. pr ~r DEA will adopt seizures of Schedu le 'I controlled substances made by stateand local law enforcement officialsfollowing an arrest where state and localprosecutors must d ecline prosecutionbecause of the Propositions. Once inDEA's possession the drugs can besumm arily forfeited and (testroyed byDEA. State and local law enforcementofficials will be encouraged to continueto execute state law to the fullest extentby having ofRcers continue to makearrests and seizures under state law, .^ leaving defendants to raise the medicalj

use provisions of the Propositions only I as a defense to state prosecution. ,'Department of the Treasury (Treasury)and die Customs Service will con tinueto protect the nation's borders and takestrong and appropriate en forcementaction against Imported or exportedmarijuana and other illegal drugs. TheCustoms Service w ill continue to: (a)seize unlawfully Imported or exportedmarijuana and otiier Illegal drugs; (b)assess civil penalties against personsviolating federal drug laws; (c) seizeconveyances facilitating the lUegalimport or export of marijuana and otherIllegal drugs; and (d) arrest personscommitting Federal drug offenses andrefer case s for prosecution to thea]^ropriate Federal or state prosecutor.Trea.sury and the Internal Revenu eService (IRS) will continue theenforcement of existing Federal tax lawswhich discourage l l l e ^ drug activities.IRS will enforce existing Federal taxlaw as it relates to the requirement toreport gross income firom whateversource derived, including income fromactivities prohibited under Federal orstate law.Treasury will recommend that the IRSissue a revenue ruling, to the extentpermissible under existing law, thatwould deny a medical expensededuction for amounts expended forillegal operations or treatments and fordrugs, including Sch edule I controlledsubstances, that are illegally procuredunder Federal or state law.IRS will enforce existing Federal taxlaw as it relates to the disallowance ofexpenditures In connection with theillegal sale of drogs. To the extent thatstate laws result in efforts to conductsales of controlled substancesprohibited by Federal law. the IRS willdisallow expenditures in connectionwith sudi sales to the fullest extentpermissible under existing Federal taxlaw.U.S. Postal Service will con tinue topursue aggressively the detection andseizure of Schedule I controlledsubstances mailed through the USmails, particularly in California andArizona, and the arrest of those usingthe mail to distribute Sch edule Icontrolled substances.DEA together with other Federal, stateand local law enforcement agencies w illwork with private mail, parcel andfreight services to ensure continuingcompliance w ith internal company

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policies dictating that these companiesrefuse to accept for shipment ScheduleI controlled substances and that theynotify law enforcement officials of suchactivities. Federal investigations andprosecutions will be institutedconsistent with appropriate criteria.B. Objective 2Ensure the Integrity ofthe Medical-Scientific Process 1^Which Substances are Approved asSafe and Effective Medicines In Orderto Protect Public HealthTh e Controlled Substances Actembodies the cotKlusion of theCongress, aflirmed by DEA and HHS.that marijuana, as a Schedule I drug, has"high potential for abuse" and "nocurrently accepted medical use intreatment in the United States." Toprotect the public health, all evaluationsof the medical usefulness of anycontrolled substance should beconducted through the Congressionallyestablished research and approvalprocess managed by the NationalInstitutes of Health (NIH) and the Foodand Drug Administration (FDA).Currentfy tliere are a few patients whoreceive marijuana through FDAapproved investigations.HHS to ensure the continuedprotection of the public health will: (a)examine al l medical and scientificevidence relevant to the perceivedmedical us^ulness of marijuana; (b)identify gaps in knowledge and researchregarding the health effects ofmarijuana; (c) determine whetherfurther research or scientific evaluationcould answer these questions; and (d)determine ho w tliat research could bedesigned and conducted to yieldscientifically useful results.HHS will undertake discussions withmedical organizations throughout thenation: (a) to address the"compassionate us e ' message; and (b)to educate medical and public healthprofessionals by underscoring thedangers of smoked marijuana andexplaining the views of NIH that avariety of approved medications areclinically proven to be safe and effectivein treating the illnesses for wiiichmarijuana is purported to provide relief,such as pain, nausea, wasting syndrome,multiple sclerosis, and glaucoma.C. Objective 3Preserve Federal DrugFree Workplace and Safety ProgramsTransportationWorkers: Departmentof Transportation (DOT) ha s issued aformal advisory to the transportationindustry that safety-sensitivetransportation workers who test positiveunder the Federally-required drugtesting program may no t under anycircumstance us e sute law as a

legitimate medical explanation for thepresence of prohibited drugs. DOT isencouraging private employers to followits example.Genera! Contractorsand Grantees:Under the Drug-Free Workplace Act, therecipients of Federal grants or contractsmust have policies that prohibit the iiseof illegal drugs. Each Federal agencywill issue a notice to its grantees andcontractors to remind them: (a) of theirresponsibilities; (b) that any use ofmarijuana or otlier Schedule I controlledsubstances remains a prohibitedactivity; and (c) that the failure tocomply with this prohibition will maketiic grantee or contractor subject to theloss of eligibility to receive Federalgrants and contracts. Further, Federalagencies will increase their efforts tomonitor compliance with the provi.slonsof the Act, and to institute suspensionor debarment actions against violatorswith special priority given to statesenacting drug medicalization measures.Federa CvUanEmployees:HHS willissue policy guidance to all 130 FederalAgency Drug-Free Workplace programcoordinators, he72 laboratoriescertified by HHS to conduct drug tests,and trade publications that reachmedical review officers. Tills poUcyguidance states that the Propositions dono t change the requirements of theFederal Drug-Free Workplace Program,which will continue to be fully ei^orcedfor federal civiUan employeesnationwide. Medical Review Officerswill not accept physicianrecommendations for Schedule Isubstances as a legitimate explanationfor a positive drug test.Department ofDeense DOD)and heMiitaryServices: DOD will instructcivilian employees and militarypersonnel in the active, reserve andNational Guard components, thiat DODis a drug-iiree organization, a fact that isno t changed by the Propositions. Therequirement that al l DOD contractorsmaintain drug-iree workplaces willcontinue to beenforced.Nucear ndustryWorkers: Th eNuclear Regulatoiy Commission willcontinue to demand drug-freeemployees in the nuclear powerindustiy, and will develop a formaladvisory to emphasize that its drug freeworkplace regulations continue toapply.PubicHousi : Th e Propositions willno t affect the Department of Housingand Urban Development's (HUD)continued aggressive execution of the"One Strike and You're Out" policy toimprove the safety and security of ournations public housing developments.HUD's principal tool for implementing"One Strike" will be the systematic

evaluation of public housing agenciesscreening and evictions efforts throughthe Public Housing ManagementAssessment Program. This program willgive HUD a standard measurement ofthe progress of all public housingauthorities in developing effective lawenforcement, screening, and occupancypolicies to reduce the level of drug use.crime, and drug distribution and salesin their communities.Safe WorkPlaces: Department ofLabor (DOL) will continue to ImplementIts Working Partners Initiative,providing information to smallbusinesses about workplace substanceabuse prevention programs, focusingspecific attention on trade and businessorganizations located in California andArizona. DOL will accelerate its effort topost its updated Substance AbuseInformation Database (SAID) on theInternet. SAID will provide informationto businesses about workplacesubstance abuse and how to estabUshworkplace substance abuse preventionprograms. DOL will give priority to itsefforts in California and Arizona.DOL's Occupational Safety andHealth Admlnisd-ation (OSHA) willsend letters to the California andArizona Occupational SafeQr and HealthAdministrations reiterating the dangersof drup in the workplace and providinginformation on programs to iielpemployers address these problems.DOL's Mine Safety and HealthAdministration will continue to strictiyenforce the prohibition on the use ofalcohol and lll^al drugsnotwithstanding these Propositions.D. Objective 4ProtectChildren fromIncreased Marijuana .Availability andUse

HHS and the Department (rf Educationwill educate the public in both Arizonaand California about th e real and provendangers of smoking marijuana. Amessage will be tailored for preteens,teens, parents, educators, and medicalprofessionals. Research demonstratesthat, m arijuana: (a) harms the brain,heart, lung s, and immune system; and(b) limits learning, memory, perception,judgment, and the ability to drive aniotor vehicle. In addiiion, researclishows that marijuana smoke typicallycontains over 40 0 carcinogeniccompounds and may be addictive. Themessage will remind the public there isno m^ical use for smoked marijuanaand will educate th e public aboutstratt^es to prevent marijuana use. Themessage will also remind the public thatthe production, sale, and distribution ofmarijuana for medical uses no tapproved by DEA violates th e

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O l O O reuerm negisier / vol. ot, ixo. co i luesuay, reuruiiry i i , laai / IMUUCKSControlled Substances Act and theFederal Food, Drug, and Cosmetic Act.HHS will analyze al l available data onmarijuana use, expand ongoing surveysto determine current levels of marijuanause In California and Arizona, and trackchanges in marijuana use in those states.HHS will develop the survey capacityto assess trends in drug use in all stateson a state-by-state basis.Th e Department of Education(Education) will use provisions of theSafe and Drug Free Schools Act toreinforce the message to all localeducation agencies receiving FederalSafe and Drug Free School funds thatany drug possession or use will not betolerated in schools. This affectsapproximately 95 % of school districts.Notwithstanding the passage of the twoPropositions, local education agenciesmust continue to: (a) develop programswhich prevent the use, possession, anddistribution of tobacco, alcohol, andIllegal drugs by students; (b) developprograms which prevent the illegal use,possession, and distribution of suchsubstances by school employees; and (c)ensure that programs supported by andwith Federal Safe and Drug FreeSchools funds convey th e message thatthe Illegal use of alcohol and otherdrugs, including marijuana, is wrongand harmful.

Education will review with educatorsin Arizona and California the effectProposidons 200 and 215 will have ondrug use by students. They will alsocommunicate nationally with schoolsuperintendents, administrators,principals, boards of education, andPT.As about the Arizona and CaliforniaPropasidons and the implications fortheir states.Education will develop a modelpolicy to confront "medical marijuana"use in schools and outline actionseducators can take to prevent illicitdrugs from coming into schools.Bducation will develop model drugprevention programs to discouragemarijuana use. These models will bedisseminated to the states at a Spring1997 conference.ONDCP and DOT will providerecommendations pursuant to tiieOctober 19, 1996 Presidential directiveto deter teen drug use and druggeddriving through pre-llcense drug testing,strengthened law enforcement and othermeans. The recommendations willunderscore the point that the use ofmarijuana for any reason endangers thehealth and safety of tlie public.LegsativeEnactments: ONDCP. HHSand DOJ will work with Cor^ress toconsider changes to the Federal Food,Drug, and Cosmetic Act and theControlled Substances Act, as

appropriate, to limit the states" abilityto rely on these and similar medical us eprovisions. The Administration belleve-sthat working with Congress is the courseof actiontiiatwill affirm the nationalpolicy to control substances that have ahigh potential for abuse and no acceptedmedical use. The objective is to providea uniform policy which preserves theintegrity of the medical-sdentificprocess by which 5ul>starices areapproved as safe and effectivemedicines. We will also consideradditional steps. Including conditioningFederal funds on compliance with theControlled Substances Ac t and theNational Drug Control Strategy. ^

Signed at Washington, D.C. this 15th dayof Januaiy, 1997.Barry R. McCaffrey-,Drector.[PR Doc. 97-3334 Filed 2-10-97; 8:45 am]B U J J N O CODE 31 S M D - P

Designation of Nw High intensity ^Drug Trafficking ArsasAGENCY: Office of National Drug ContolPolicy. Executive Office of thePresident.ACnON: N otic e. [SiaewARY: This notice lists thefivenewHigh Intensity Drug Trafficking Areas(HIDTAs) designated by the Director,Office of National Drug Control Policy.HIDTAs are r^ons identified as havingthe most critical drug traffickingproblems that adversely affect theUnited States. These ne w HIDTAs aredesignated pursuant to 21 U.S.C.1504(c), as am ended, to promote moreeffective coordination of drug controlefforts. The additional resourcesprovided by Congress enable task forcesof local. State, and Federal officials toassess regional drug threats, designstrategies to combat the threats, developinitiatives to implranent the strategies,and evaluate effectiveness of tiiesecoordinated efforts.TOR FURTHER INFORMATION CONTACT:Comments and questions regarding thisnotice should be directed to Mr. RiciiardY. Y amamoto. Director, HIDTA. Officeof National Drug Control Policy,Executive Office of the P resident, 75017th Street N.W., Washington. D.C.20503. (202) 395-6755.SUPP11INTARY INFORMATION: In 1990,die Director of ONDCP designated diefirst five HIDTAs. These originalHIDTAs, areas through which mostillegal drugs enter the United States, areHouston, Los Angeles, New York/NewJersey, South Florida, and theSouthwest Border. In 1994. the Director

designated the Washington/BaltimoreHIDTA to address the extensive drugdistribution networks servir^ hardcoredrug users. Also In 1994, the Directordesignated Puerto Rlco/U.S. VirginIslands as a HIDTA based on thesi^ificant amount of dmgs entering theUnited Sutes through this region.In 1995, the Director designated threemore HIDTAs in Adanta, Chicago, andPhiladelphia/'Camden to target drugabtise and drug trafficking in thoseareas, specifically augmentingEmpowerment Zone programs.Th e five ne w HIDTAs will build uponthe effective efforts of previouslyestablished HIDTAs. In Fiscal Year1997. the HIDTA program will receive$140 million in Federal resources. Th eprogram will support more than 150 co -located officer/agent task forces;strengthen mutually supporting local.State, and Federal drug trafficking andmoney laundering task forces; bolsterinformation analysis and sharingnetworks; and, improve Integration oflaw enforcement, drug treatment, anddrug abuse prevention programs. Th estates and counties ItKluded In the fivene w HIDTAs are: ^(1) CascadeHIDTA: State ofWashington; King, Pierce. Skagit,Snohomish, Thurston, Whatcom, andYakima counties;- ^GuIfCoasf f f lDTA: State ofAlabama; Baldw in, Jefferson. Mobile,and Montgomery counties; Sute ofLouisiana; Caddo, East Baton Rouge,Jefferson, and Orleans parishes; andState of Mississippi; Hancock, Harrison.Hinds, and Jackson counties.(3) Lake CountyHIDTA: State ofIndiana; Lake County.(4)MdwestHIDTA: State of Iowa;Muscatine, Polk, Pottowattamie, Scott,and Woodbury counties; State ofKansas; Cherokee, Crawford, Johnson,Labette, Leavenworth, Saline, Seward,and Wyandotte counties; State ofMissouri; Cape Girardeau, Christian,Clay, Jaclcson, Lafayette, Lawrence, I^y,Scott, and St. Charles counties, and thecity of St. Louis; State of Nebraska;Dakota, Dawson . Dou glas, Hall,Lancaster, Sarpy, and Scott's Bluffcounties; State of South Dakota; Clay.Codington, Custer, Fall River, Lawrence,Lincoln, Meade, Minnehaha,Pennington, Union, and Yanktoncounties.(4) Rocky MountanHIDTA: State ofColorado; Adams. Arapahoe, Denver,Douglas, Eagle, El Paso, Garfield,Jefferson, La Plata, and Mesa countie.s;State of Utah; Davis, Salt Lake, SummitUtah, and Weber c.ounties; and State ofWyom ing; Laramie, Natrona, andSweetwater counties.