[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4550 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4550

 To provide for programs to facilitate a significant reduction in the 
incidence and prevalence of substance abuse through reducing the demand 
      for illegal drugs and the inappropriate use of legal drugs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1998

 Mr. Portman (for himself, Mr. Barrett of Wisconsin, Mr. Gingrich, Mr. 
 Hastert, Mr. McCollum, Mr. Souder, Mr. Underwood, Mr. Ballenger, Ms. 
 Granger, Mr. Hobson, Mr. Lewis of Kentucky, and Mr. Mica) introduced 
 the following bill; which was referred to the Committee on Commerce, 
 and in addition to the Committees on Government Reform and Oversight, 
 Small Business, Transportation and Infrastructure, the Judiciary, and 
Education and the Workforce, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for programs to facilitate a significant reduction in the 
incidence and prevalence of substance abuse through reducing the demand 
      for illegal drugs and the inappropriate use of legal drugs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
  TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

          Subtitle A--National Youth Anti-Drug Media Campaign

Sec. 101. Short title.
Sec. 102. Requirement to conduct national media campaign.
Sec. 103. Use of funds.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.
                  Subtitle B--Drug-Free Workplace Act

Sec. 111. Short title.
Sec. 112. Findings; purposes.
Sec. 113. Sense of Congress.
Sec. 114. Drug-free workplace demonstration program.
Sec. 115. Small business development centers.
Sec. 116. Contract authority.
                   Subtitle C--Drug-Free Teen Drivers

Sec. 121. Short title.
Sec. 122. Demonstration program.
Sec. 123. Incentive grant program.
Sec. 124. Technical assistance.
                Subtitle D--Drug-Free Prisons and Jails

Sec. 131. Short title.
Sec. 132. Purpose.
Sec. 133. Program authorization.
Sec. 134. Grant application.
Sec. 135. Uses of funds.
Sec. 136. Evaluation and recommendation report to Congress.
Sec. 137. Definitions.
Sec. 138. Authorization of appropriations.
            Subtitle E--Drug-Free Schools Quality Assurance

Sec. 151. Short title.
Sec. 152. Amendment to Safe and Drug-Free Schools and Communities Act.
              Subtitle F--Drug-Free National Clearinghouse

Sec. 161. Short title.
Sec. 162. Establishment of clearinghouse; functions.
Sec. 163. Director.
Sec. 164. Cooperation by national drug control program agencies.
               Subtitle G--Drug-Free Parents Empowerment

Sec. 171. Short title.
Sec. 172. Drug-free parents empowerment.
            TITLE II--PRIVATE SECTOR ANTI-DRUG PARTNERSHIPS

                 Subtitle A--Antiaddiction Medications

Sec. 201. Short title.
Sec. 202. Facilitation of approval for commercial distribution of 
                            antiaddiction drugs developed by National 
                            Institute of Drug Abuse.
Sec. 203. Incentives for development of qualifying antiaddiction drugs.
  Subtitle B--Commission on Role of Medication Education in Reducing 
                            Substance Abuse

Sec. 211. National Commission on the Role of Medical Education in 
                            Reducing Substance Abuse.
            TITLE III--STATEMENT OF NATIONAL ANTIDRUG POLICY

      Subtitle A--Congressional Leadership in Community Coalitions

Sec. 301. Sense of Congress.
             Subtitle B--Rejection of Legalization of Drugs

Sec. 311. Sense of Congress.
  Subtitle C--Report on Streamlining Federal Prevention and Treatment 
                                Efforts

Sec. 321. Report on streamlining Federal prevention and treatment 
                            efforts.

  TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

          Subtitle A--National Youth Anti-Drug Media Campaign

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free Media Campaign Act of 
1998''.

SEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN.

    (a) In General.--The Director of the Office of National Drug 
Control Policy (in this subtitle referred to as the ``Director'') shall 
conduct a national media campaign for the purpose of reducing and 
preventing drug abuse among young people in the United States.
    (b) Local Target Requirement.--The Director shall, to the maximum 
extent feasible, use the funds appropriated pursuant to the 
authorization in section 105 for media that focuses on, or includes 
specific information on, prevention or treatment resources for 
consumers within specific local areas.

SEC. 103. USE OF FUNDS.

    (a) Authorized Uses.--The funds authorized to be appropriated in 
section 105 for the support of a national media campaign may be used to 
fund--
            (1) the purchase of media time and space;
            (2) reimbursement of out of pocket advertising production 
        costs for agencies that provide all creative development on a 
        pro bono basis;
            (3) the negotiated fee for the contract buying agency; and
            (4) the evaluation of the effectiveness of the national 
        media campaign.
    (b) Prohibitions.--None of the funds authorized to be appropriated 
in section 105 may be obligated or expended for the following purposes:
            (1) To supplant current anti-drug community based 
        coalitions.
            (2) To supplant current pro bono public service time 
        donated by national and local broadcasting networks.
            (3) For partisan political purposes.
            (4) To fund media campaigns that feature any elected 
        officials, persons seeking elected office, cabinet level 
        officials, or other Federal officials employed pursuant to 
        section 213 of Schedule C of title 5, Code of Federal 
        Regulations, unless the Director provides advance notice to the 
        Committees on Appropriations of the House of Representatives 
        and the Senate and the Committee on the Judiciary of the 
        Senate.
    (c) Matching Requirement.--Funds appropriated pursuant to the 
authorization in section 105 shall be matched by an equal amount of 
non-Federal funds for the campaign, or be matched with in-kind 
contributions to the campaign of the same value.

SEC. 104. REPORTS TO CONGRESS.

    The Director shall--
            (1) submit to Congress on a quarterly basis a report on the 
        activities for which funds appropriated pursuant to the 
        authorization in section 105 have been obligated during the 
        preceding quarter, and on the specific parameters of the 
        national media campaign; and
            (2) not later than one year after the date of the enactment 
        of this Act, submit to Congress a report on the effectiveness 
        of the national media campaign based on measurable outcomes 
        provided to Congress previously.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for the Office of National 
Drug Control Policy to carry out this subtitle $195,000,000 for each of 
fiscal years 1999 through 2002.

                  Subtitle B--Drug-Free Workplace Act

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free Workplace Act of 
1998''.

SEC. 112. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) 74 percent of adults who use illegal drugs are 
        employed;
            (2) small business concerns employ over 50 percent of the 
        Nation's workforce;
            (3) in over 88 percent of families with children under the 
        age of 18, at least 1 parent is employed; and
            (4) employees who use drugs increase costs for businesses 
        and risk the health and safety of all employees because--
                            (A) absenteeism is 66 percent higher among 
                        drug users than nondrug users;
                            (B) health benefit utilization is 300 
                        percent higher among drug users than nondrug 
                        users;
                            (C) 47 percent of workplace accidents are 
                        drug-related;
                            (D) disciplinary actions are 90 percent 
                        higher among drug users than nondrug users; and
                            (E) employee turnover is significantly 
                        higher among drug users than nondrug users.
    (b) Purposes.--The purposes of this subtitle are to--
            (1) educate small business concerns about the advantages of 
        a drug-free workplace;
            (2) provide financial incentives and technical assistance 
        to enable small business concerns to create a drug-free 
        workplace; and
            (3) assist working parents in keeping their children drug-
        free.

SEC. 113. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) businesses should adopt drug-free workplace programs; 
        and
            (2) States should consider financial incentives, such as 
        reductions in workers' compensation premiums, to encourage 
        businesses to adopt drug-free workplace programs.

SEC. 114. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

    The Small Business Act (15 U.S.C. 636 et seq.) is amended by--
            (1) redesignating sections (30) and (31) as sections (31) 
        and (32), respectively; and
            (2) inserting the following new section:

``SEC. 30. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

    ``(a) Establishment.--There is established a drug-free workplace 
demonstration program, under which the Administration may make grants 
to eligible intermediaries for the purpose of providing financial and 
technical assistance to small business concerns seeking to start a 
drug-free workplace program.
    ``(b) Eligibility for Participation.--An intermediary shall be 
eligible to receive a grant under subsection (a) if it meets the 
following criteria:
            ``(1) It is an organization described in section 501(c)(3) 
        of the Internal Revenue Code of 1986 that is exempt from tax 
        under section 5(a) of such Act, a program of such organization, 
        or provides services to such organization.
            ``(2) Its primary purpose is to develop comprehensive drug-
        free workplace programs or to supply drug-free workplace 
        services.
            ``(3) It has at least 2 years of experience in drug-free 
        workplace programs.
            ``(4) It has a drug-free workplace policy in effect.
    ``(c) Requirements for Program.--Any drug-free workplace program 
established as a result of this section shall include--
            ``(1) a written policy, including a clear statement of 
        expectations for workplace behavior, prohibitions against 
        substances in the workplace, and the consequences of violating 
        such expectations and prohibitions;
            ``(2) training for at least 60 minutes for employees and 
        supervisors;
            ``(3) additional training for supervisors and employees who 
        are parents;
            ``(4) employee drug testing; and
            ``(5) employee access to an employee assistance program, 
        including assessment, referral, and problem resolution.
    ``(d) Authorization.--There are authorized to be appropriated to 
carry out the provisions of this section, $10,000,000 for fiscal year 
1999 and such sums may remain available until expended.

SEC. 115. SMALL BUSINESS DEVELOPMENT CENTERS.

    Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is 
amended--
            (1) in subparagraph (R) by striking ``and'';
            (2) in subparagraph (S) by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (S) the following new 
        subparagraph:
            ``(T) providing information and assistance to small 
        business concerns with respect to developing drug-free 
        workplace programs.''.

SEC. 116. CONTRACT AUTHORITY.

    The Small Business Administrator may contract with and compensate 
government and private agencies or persons for services related to 
carrying out the provisions of this subtitle.

                   Subtitle C--Drug-Free Teen Drivers

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Drug Free Teenage Drivers 
Act''.

SEC. 122. DEMONSTRATION PROGRAM.

    The National Highway Traffic Safety Administration shall establish 
a demonstration program in several States to provide voluntary drug 
testing for all teenager applicants (or other first time applicants for 
a driver's license regardless of age) for a driver's license. 
Information respecting an applicant's choice not to take the drug test 
or the result of the drug test on the applicant shall be made available 
to the applicant's automobile insurance company. If an applicant tests 
positive in the drug test, the State in which the program is 
established will not issue a license to the applicant and will require 
the applicant to complete a State drug treatment program and to not 
test positive in a drug test before reapplying for a license.

SEC. 123. INCENTIVE GRANT PROGRAM.

    (a) In General.--The Secretary of Transportation shall establish an 
incentive grant program to States to assist the States in improving 
their laws relating to controlled substances and driving.
    (b) Grant Requirements.--To qualify for a grant under subsection 
(a) a State shall do the following:
            (1) Enact, actively enforce, and publicize a law which 
        makes it illegal to drive in the State with any measurable 
        amount of an illegal controlled substance in the driver's body. 
        An illegal controlled substance is a controlled substance for 
        which an individual does not have a legal written prescription. 
        An individual who is convicted of such illegal driving shall be 
        referred to appropriate services, including intervention, 
        counselling, and treatment.
            (2) Enact, actively enforce, and publicize a law which 
        makes it illegal to drive in the State when driving is impaired 
        by the presence of any drug. The State shall provide that in 
        the enforcement of such law, a driver shall be tested for the 
        presence of a drug when there is evidence of impaired driving 
        and a driver will have the driver's license suspended. An 
        individual who is convicted of such illegal driving shall be 
        referred to appropriate services, including intervention, 
        counselling, and treatment.
            (3) Enact, actively enforce, and publicize a law which 
        authorizes the suspension of a driver's license if the driver 
        is convicted of any criminal offense relating to drugs.
            (4) Enact a law which provides that beginning driver 
        applicants and other individuals applying for or renewing a 
        driver's license will be provided information about the laws 
        referred to in paragraphs (1), (2), and (3) and will be 
        required to answer drug-related questions on their 
        applications.
    (c) Use.--A State may only use a grant under subsection (a) to 
implement and enforce the programs described in subsection (b).

SEC. 124. TECHNICAL ASSISTANCE.

    The Secretary of Transportation shall provide to the States 
technical assistance for--
            (1) training law enforcement officers in the Standardized 
        Field Sobriety Testing techniques to detect impaired drivers;
            (2) expanding drug information and training by involving 
        prosecutors in community drug prevention programs; and
            (3) promoting uniform sanctions for drug offenses, 
        referring drug offenders to assessment and treatment programs, 
        and involving judges in community drug prevention programs.

                Subtitle D--Drug-Free Prisons and Jails

SEC. 131. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free Prisons and Jails Act 
of 1998''.

SEC. 132. PURPOSE.

    The purpose of this subtitle is to provide model programs for 
comprehensive treatment of substance-involved offenders in the criminal 
justice system to reduce drug abuse and drug-related crime, and reduce 
the costs of the criminal justice system, that can be successfully 
replicated by States and local units of government through a 
comprehensive evaluation.

SEC. 133. PROGRAM AUTHORIZATION.

    (a) Establishment.--The Director of the Bureau of Justice 
Assistance shall establish a model substance abuse treatment program 
for substance-involved offenders by--
            (1) providing financial assistance to grant recipients 
        selected in accordance with section 134(b); and
            (2) evaluating the success of programs conducted pursuant 
        to this subtitle.
    (b) Grant Awards.--The Director may award not more than 5 grants to 
units of local government and not more than 5 grants to States.
    (c) Administrative Costs.--Not more than 5 percent of a grant award 
made pursuant to this subtitle may be used for administrative costs.

SEC. 134. GRANT APPLICATION.

    (a) Contents.--An application submitted by a unit of local 
government or a State for a grant award under this subtitle shall 
include the following:
            (1) Strategy.--A strategy to coordinate programs and 
        services for substance-involved offenders provided by the unit 
        of local government or the State, as the case may be, developed 
        in consultation with representatives from all components of the 
        criminal justice system within the jurisdiction, including 
        judges, law enforcement personnel, prosecutors, corrections 
        personnel, probation personnel, parole personnel, substance 
        abuse treatment personnel, and substance abuse prevention 
        personnel.
            (2) Certification.--Certification that--
                    (A) Federal funds made available under this 
                subtitle will not be used to supplant State or local 
                funds, but will be used to increase the amounts of such 
                funds that would, in the absence of Federal funds, be 
                made available for law enforcement activities; and
                    (B) the programs developed pursuant to this 
                subtitle meet all requirements of this subtitle.
    (b) Review and Approval.--Subject to section 133(b), the Director 
shall approve applications and make grant awards to units of local 
governments and States that show the most promise for accomplishing the 
purposes of this subtitle consistent with the provisions of section 
135.

SEC. 135. USES OF FUNDS.

    A unit of local government or State that receives a grant award 
under this subtitle shall use such funds to provide comprehensive 
treatment programs to inmates in prisons or jails, including not less 
than 3 of the following--
            (1) tailored treatment programs to meet the special needs 
        of different types of substance-involved offenders;
            (2) random and frequent drug testing, including a system of 
        sanctions;
            (3) training and assistance for corrections officers and 
        personnel to assist substance-involved offenders in 
        correctional facilities;
            (4) clinical assessment of incoming substance-involved 
        offenders;
            (5) availability of religious and spiritual activity and 
        counseling to provide an environment that encourages recovery 
        from substance involvement in correctional facilities;
            (6) education and vocational training; and
            (7) a substance-free correctional facility policy.

SEC. 136. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.

    (a) Evaluation.--
            (1) In general.--The Director shall enter into a contract, 
        with an evaluating agency that has demonstrated experience in 
        the evaluation of substance abuse treatment, to conduct an 
        evaluation that incorporates the criteria described in 
        paragraph (2).
            (2) Evaluation criteria.--The Director, in consultation 
        with the Directors of the appropriate National Institutes of 
        Health, shall establish minimum criteria for evaluating each 
        program. Such criteria shall include--
                    (A) reducing substance abuse among participants;
                    (B) reducing recidivism among participants;
                    (C) cost effectiveness of providing services to 
                participants; and
                    (D) a data collection system that will produce data 
                comparable to that used by the Office of Applied 
                Studies of the Substance Abuse and Mental Health 
                Services Administration and the Bureau of Justice 
                Statistics of the Office of Justice Programs.
    (b) Report.--The Director shall submit to the appropriate 
committees of Congress, at the same time as the President's budget for 
fiscal year 2001 is submitted, a report that--
            (1) describes the activities funded by grant awards under 
        this subtitle;
            (2) includes the evaluation submitted pursuant to 
        subsection (a); and
            (3) makes recommendations regarding revisions to the 
        authorization of the program, including extension, expansion, 
        application requirements, reduction, and termination.

SEC. 137. DEFINITIONS.

    For purposes of this subtitle:
            (1) Substance-involved offender.--The term ``substance-
        involved offender'' means an individual under the supervision 
        of a State or local criminal justice system, awaiting trial or 
        serving a sentence imposed by the criminal justice system, 
        who--
                    (A) violated or has been arrested for violating a 
                drug or alcohol law;
                    (B) was under the influence of alcohol or an 
                illegal drug at the time the crime was committed;
                    (C) stole property to buy illegal drugs; or
                    (D) has a history of substance abuse and addiction.
            (2) Director.--The term ``Director'' means the Director of 
        the Bureau of Justice Assistance;
            (3) Unit of local government.--The term ``unit of local 
        government'' means any city, county, township, town, borough, 
        parish, village, or other general purpose political subdivision 
        of a State, an Indian tribe which performs law enforcement 
        functions as determined by the Secretary of the Interior and 
        any agency of the District of Columbia government or the United 
        States Government performing law enforcement functions in and 
        for the District of Columbia, and the Trust Territory of the 
        Pacific Islands.
            (4) Appropriate congressional committee.--The term 
        ``appropriate Congressional Committee'' means the Committees on 
        the Judiciary and the Committees on Appropriations of the House 
        of Representatives and the Senate.

SEC. 138. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this subtitle from the Violent Crime Reduction Trust Fund as 
authorized by title 31 of the Violent Crime and Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (42 U.S.C. 14211)--
            (1) for fiscal year 1999, $30,000,000; and
            (2) for fiscal year 2000, $20,000,000.
    (b) Reservation.--The Director may reserve each fiscal year not 
more than 20 percent of the funds appropriated pursuant to subsection 
(a) for activities required under section 136.

            Subtitle E--Drug-Free Schools Quality Assurance

SEC. 151. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free Schools Quality 
Assurance Act''.

SEC. 152. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT.

    Subpart 3 of title IV of the Elementary and Secondary Education Act 
of 1965 is amended by adding at the end the following:

``SEC. 4134. QUALITY RATING.

    ``(a) In General.--The Secretary shall develop a rating system, or 
allow State educational agencies, to determine if a public school has a 
drug program that meets the qualification described in subsection (b).
    ``(b) Criteria.--The criteria to determine if a school has a 
quality drug program shall include, at a minimum, the following:
            ``(1) Needs assessment.--A thorough needs assessment before 
        implementation of a drug program.
            ``(2) Research.--Implementation of a research-based 
        program.
            ``(3) Parent and community Involvement.--Involvement of 
        parents and community members in program design and review of 
        existing community drug programs before implementation of a 
        school program.
    ``(c) Request for Quality Rating.--A school that wishes to receive 
a quality rating shall submit a request and documentation of compliance 
with this section to the Secretary.
    ``(d) Public Notification.--Not less than once each year, the 
Secretary shall report in the Federal Register the names of schools 
that have received a quality rating as described in this section. The 
Secretary shall also ensure that a list of programs that received a 
quality rating is readily available to any individual who requests it 
from the Department of Education.''.

              Subtitle F--Drug-Free National Clearinghouse

SEC. 161. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free National 
Clearinghouse Act of 1998''.

SEC. 162. ESTABLISHMENT OF CLEARINGHOUSE; FUNCTIONS.

    (a) Establishment.--(1) There shall be established in the Office of 
National Drug Control Policy an office to be known as Drug-Free 
National Clearinghouse (in this subtitle referred to as the 
``Clearinghouse'').
    (2) The Clearinghouse shall be established pursuant to paragraph 
(1) not later than 90 days after the date of the enactment of this Act.
    (b) Functions.--The functions of the Clearinghouse shall be--
            (1) to consolidate and assume the drug prevention and drug 
        treatment information clearinghouse roles currently performed 
        by National Drug Control Program agencies (as that term is 
        defined in section 1010(6) of the National Narcotics Leadership 
        Act of 1988 (21 U.S.C. 1507(6))); and
            (2) to ensure that drug prevention and drug treatment 
        information is effectively disseminated by such agencies to 
        individuals, State and local governments, and nongovernmental 
        entities involved in demand reduction (as that term is defined 
        in section 1010(4) of such Act (21 U.S.C. 1507(4))).

SEC. 163. DIRECTOR.

    (a) Appointment.--There shall be at the head of the Clearinghouse a 
director, who shall be appointed by the Director of the Office of 
National Drug Control Policy in consultation with the Director of the 
National Institute on Drug Abuse.
    (b) Duties.--The director of the Clearinghouse shall--
            (1) encourage consultation between any National Drug 
        Control Program agency that conducts or sponsors research on 
        drug prevention or drug treatment, and any National Drug 
        Control Program agency that disseminates such information;
            (2) encourage, as appropriate, National Drug Control 
        Program agencies to develop and implement drug prevention and 
        drug treatment information dissemination plans that 
        specifically target individuals, State and local governments, 
        and nongovernmental entities involved in demand reduction; and
            (3) coordinate the dissemination of drug prevention and 
        drug treatment information by such agencies to individuals, 
        State and local governments, and nongovernmental entities 
        involved in demand reduction.

SEC. 164. COOPERATION BY NATIONAL DRUG CONTROL PROGRAM AGENCIES.

    Each National Drug Control Program agency shall cooperate with the 
director of the Clearinghouse in carrying out the provisions of this 
subtitle.

               Subtitle G--Drug-Free Parents Empowerment

SEC. 171. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free Parents Empowerment 
Act''.

SEC. 172. DRUG-FREE PARENTS EMPOWERMENT.

    (a) Establishment.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary'') shall make grants to 
support the efforts of parent organizations to develop and promote 
efforts to reduce illegal drug use among children in their communities.
    (b) Requirements.--A parent organization may receive a grant under 
subsection (a) only if the following conditions are met:
            (1) The organization is a nonprofit organization that is 
        exempt from taxation under section 501(c)(3) of the Internal 
        Revenue Code of 1986.
            (2) The organization is governed primarily by parents of 
        children who reside in the community involved.
            (3) The organization has not less than five years 
        experience in training, informing, and involving parents in 
        substance-abuse prevention activities within such community.
            (4) The application submitted pursuant to subsection (c) by 
        the organization includes a strategy for increasing the 
        involvement of parents in prevention activities, including 
        parent training, that are carried out in such community and 
        that complement the work of other parts of the community 
        regarding such activities.
            (5) The application contains an agreement by the 
        organization that the organization will not expend more than 10 
        percent of the grant for administrative expenses involved in 
        carrying out the purpose for which the grant is made.
            (6) Such application has been approved pursuant to a 
        process of peer review established by the Secretary.
    (c) Application for Grant.--The Secretary may make a grant under 
subsection (a) only if an application for the grant is submitted to the 
Secretary and the application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this section.
    (d) Limitation on Amount of Grant.--A grant under subsection (a) 
for a fiscal year may not be made in an amount exceeding $20,000.
    (e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $10,000,000 
for each of the fiscal years 1999 through 2001.

            TITLE II--PRIVATE SECTOR ANTI-DRUG PARTNERSHIPS

                 Subtitle A--Antiaddiction Medications

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Antiaddiction Medication 
Development Act''.

SEC. 202. FACILITATION OF APPROVAL FOR COMMERCIAL DISTRIBUTION OF 
              ANTIADDICTION DRUGS DEVELOPED BY NATIONAL INSTITUTE OF 
              DRUG ABUSE.

    (a) In General.--The Commissioner of Food and Drugs and the 
Attorney General of the United States shall, respectively, promptly 
provide to the Director of the National Institute on Drug Abuse a 
response to any request described in subsection (b) that is submitted 
to the Commissioner or the Attorney General by the Director regarding a 
drug--
            (1) that is being developed by the Director as a 
        maintenance or detoxification treatment for addiction to one or 
        more narcotic substances;
            (2) for which clinical trials are being or have been 
        conducted to determine the safety and effectiveness of the 
        drug; and
            (3) for which the Director seeks or has approved a private 
        entity to submit for the drug an application under section 
        505(b) of the Federal Food, Drug, and Cosmetic Act; and
            (4) that likely will be added to one of the schedules of 
        controlled substances pursuant to section 201 of the Controlled 
        Substances Act.
    (b) Description of Request.--For purposes of subsection (a), a 
request by the Director is a request that, with respect to a drug 
described in subsection (a), the Commissioner and the Attorney General 
exercise their discretion under the Federal Food, Drug, and Cosmetic 
Act, and the Controlled Substances Act, to accomplish one or more of 
the following (as applicable under the request):
            (1) To carry out promptly section 201(b) of the Controlled 
        Substances Act with respect to the drug (relating to the 
        decision regarding on which of the schedules of controlled 
        substances a drug is to be included).
            (2) To advise the Director, and the sponsor of the 
        application under section 505(b) of the Federal Food, Drug, and 
        Cosmetic Act, on the actions that can be taken by the Director 
        and the sponsor to facilitate the approval of the application.
            (3) To designate the drug as a fast track product for 
        purposes of section 506 of such Act.
            (4) To provide the drug to physicians who request the drug 
        for treatment purposes under section 561 of such Act (relating 
        to the provision of investigational new drugs to patients who 
        are not participating in clinical trials).
            (5) To advise the Director and the sponsor of the 
        application on the actions that can be taken to facilitate the 
        designation of the drug under section 526 of such Act as being 
        a drug for a rare disease or condition (commonly referred to as 
        an orphan drug).
    (c) Procedures Regarding Submission of Request; Response to 
Request.--
            (1) Request.--In making a request described in subsection 
        (b), the Director shall--
                    (A) provide such information as the Commissioner or 
                the Attorney General (as applicable) determines is 
                necessary with respect to the request; and
                    (B) if the request is described in any of 
                paragraphs (3) through (5) of such subsection, state 
                the reasons underlying the determination of the 
                Director that the drug involved may qualify for the 
                status described in the paragraph involved.
            (2) Response.--In providing a response to a request 
        described in subsection (b), the Commissioner and the Attorney 
        General shall state the reasons underlying the response, 
        including as applicable, the reasons underlying any 
        determination by the Secretary that providing a status 
        described in any of paragraphs (3) through (5) of such 
        subsection for the drug involved would be inconsistent with 
        applicable law.
    (d) Definitions.--For purposes of this section:
            (1) The term ``Commissioner'' means the Commissioner of 
        Food and Drugs.
            (2) The term ``Director'' means the Director of the 
        National Institute on Drug Abuse.
            (3) The term ``Attorney General'' means the Attorney 
        General of the United States.

SEC. 203. INCENTIVES FOR DEVELOPMENT OF QUALIFYING ANTIADDICTION DRUGS.

    Chapter 5 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
351 et seq.) is amended by inserting after section 505A the following:

``SEC. 505B. INCENTIVES FOR DEVELOPMENT OF QUALIFYING ANTIADDICTION 
              DRUGS.

    ``(a) In General.--If (on or after the effective date of this 
section) an application under section 505(b)(1) is submitted and the 
drug involved is approved as a qualifying antiaddiction drug (as 
defined in subsection (e)), then the person who submitted the 
application may in accordance with subsection (b) select one qualifying 
on-market drug (as so defined) for purposes of providing for the 
extension under subsection (c) of the period of market exclusivity for 
such on-market drug.
    ``(b) Notification of Secretary.--
            ``(1) In general.--For purposes of subsection (a), a 
        selection by a person of a qualifying on-market drug is made in 
        accordance with this subsection if the following conditions are 
        met:
                    ``(A) The person submits to the Secretary a written 
                notification stating that the selection has been made.
                    ``(B) The notification demonstrates that the person 
                is both--
                            ``(i) the holder of the approved 
                        application for the qualifying on-market drug; 
                        and
                            ``(ii) the holder of the approved 
                        application for the qualifying antiaddiction 
                        drug with respect to which the selection is 
                        made.
                    ``(C) The notification is submitted not later than 
                30 days after the date of the approval under section 
                505(c) of such qualifying antiaddiction drug.
                    ``(D) The notification is submitted not later than 
                90 days before the expiration of the period that would 
                but for this section apply to the qualifying on-market 
                drug as the period during which an application may not 
                be approved under section 505(c)(3) or section 
                505(j)(5)(B).
            ``(2) Publication by secretary.--After determining that a 
        notification received by the Secretary pursuant to subsection 
        (a) meets the conditions described in paragraph (1), the 
        Secretary shall publish in the Federal Register a statement for 
        the purpose of informing the public of the fact that the drug 
        involved has been selected as a qualifying on-market drug and 
        of the legal effect of such selection on the approval of 
        applications under section 505(b)(2) and applications under 
        section 505(j).
    ``(c) Extension of Period.--Subject to subsection (d), with respect 
to a qualifying on-market drug selected under subsection (a)--
            ``(1)(A)(i) the period referred to in subsection 
        (c)(3)(D)(ii) of section 505, and in subsection (j)(5)(D)(ii) 
        of such section, is deemed to be five years and six months 
        rather than five years, and the references in subsections 
        (c)(3)(D)(ii) and (j)(5)(D)(ii) of such section to four years, 
        to forty-eight months, and to seven and one-half years are 
        deemed to be four and one-half years, fifty-four months, and 
        eight years, respectively; or
            ``(ii) the period referred to in clauses (iii) and (iv) of 
        subsection (c)(3)(D) of such section, and in clauses (iii) and 
        (iv) of subsection (j)(5)(D) of such section, is deemed to be 
        three years and six months rather than three years; and
            ``(B) if the drug is designated under section 526 for a 
        rare disease or condition, the period referred to in section 
        527(a) is deemed to be seven years and six months rather than 
        seven years; and
            ``(2)(A) if the drug is the subject of--
                    ``(i) a listed patent for which a certification has 
                been submitted under subsection (b)(2)(A)(ii) or 
                (j)(2)(A)(vii)(II) of section 505 and for which the 
                application under section 505(b)(1) is approved prior 
                to the expiration of the patent (including any patent 
                extensions); or
                    ``(ii) a listed patent for which a certification 
                has been submitted under subsections (b)(2)(A)(iii) or 
                (j)(2)(A)(vii)(III) of section 505;
        the period during which an application may not be approved 
        under section 505(c)(3) or section 505(j)(5)(B) shall be 
        extended by a period of six months after the date the patent 
        expires (including any patent extensions); or
            ``(B) if the drug is the subject of a listed patent for 
        which a certification has been submitted under subsection 
        (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505, and in the 
        patent infringement litigation resulting from the certification 
        the court determines that the patent is valid and would be 
        infringed, the period during which an application may not be 
        approved under section 505(c)(3) or section 505(j)(5)(B) shall 
        be extended by a period of six months after the date the patent 
        expires (including any patent extensions).
    ``(d) Relationship to Market Exclusivity Regarding Pediatric 
Studies.--The extension under this section of the period of market 
exclusivity for a drug is in addition to any extension of the period of 
market exclusivity that may apply for the drug under section 505A. 
According to whether this section or section 505A first applies for the 
drug, the beginning date for the extension under this section, or the 
beginning date for the extension under section 505A, is deemed to be 
the date necessary to achieve the effect described in the preceding 
sentence.
    ``(e) Definitions.--
            ``(1) Qualifying antiaddiction drug.--
                    ``(A) In general.--For purposes of this section, 
                the term `qualifying antiaddiction drug' means a new 
                drug approved under section 505(c) as a treatment for 
                dependence on a controlled substance that--
                            ``(i) is included in schedule I or II of 
                        the schedules of controlled substances under 
                        section 202(c) of the Controlled Substances 
                        Act; and
                            ``(ii) is designated by the Secretary as a 
                        controlled substance to which this section 
                        applies.
                    ``(B) Certain controlled substances.--Controlled 
                substances designated under subparagraph (A)(ii) by the 
                Secretary shall include the following:
                            ``(i) Cocaine, and the other substances 
                        included in schedule II in the provision in 
                        which cocaine is included.
                            ``(ii) Injectable liquids included in 
                        schedule II in the provision concerning 
                        methamphetamine.
            ``(2) Qualifying on-market drug.--For purposes of this 
        section, the term `qualifying on-market drug' means a new drug 
        for which an application was submitted under section 505(b)(1) 
        and approved under section 505(c) before the approval under 
        such section of the qualifying antiaddiction drug involved.''.

  Subtitle B--Commission on Role of Medication Education in Reducing 
                            Substance Abuse

SEC. 211. NATIONAL COMMISSION ON THE ROLE OF MEDICAL EDUCATION IN 
              REDUCING SUBSTANCE ABUSE.

    (a) In General.--The Secretary of Health and Human Services shall 
establish an advisory commission to be known as the National Commission 
on the Role of Medical Education in Reducing Substance Abuse.
    (b) Duties.--
            (1) In general.--The Commission shall conduct a study for 
        the purpose of determining the manner in which programs of 
        initial and continuing medical education can be modified to 
        improve the efforts of health professionals in preventing, 
        diagnosing, and treating cases of substance abuse.
            (2) Date certain for completion.--Not later than one year 
        after the date of the enactment of this Act, the Commission 
        shall complete the study required in paragraph (1).
            (3) Report.--Upon completing the study required in 
        paragraph (1), the Commission shall prepare a report describing 
        the findings made as a result of the study. The report shall be 
        submitted to the President, to the appropriate departments and 
        Federal agencies, and to the appropriate committees of the 
        Congress. The Commission may include in the report any 
        recommendations of the Commission regarding administrative or 
        legislative actions. The Secretary shall disseminate the report 
        to the public health officers of the States with the request 
        that the States disseminate the report to public and private 
        programs within the State that provide education in the health 
        professions.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of 10 
        voting members appointed in accordance with paragraph (2) and 
        the nonvoting, ex officio members designated under paragraph 
        (3).
            (2) Appointment of non-federal individuals.--Subject to 
        paragraph (3), the voting members of the Commission under 
        paragraph (1) shall be appointed by the Secretary, and shall be 
        appointed from among individuals who on the day before being 
        appointed were not officers or employees of the Federal 
        Government. Of such members--
                    (A) one shall be a representative of the American 
                College of Physicians;
                    (B) one shall be a representative of the American 
                Medical Association;
                    (C) one shall be a representative of the 
                Association of Professors of Medicine;
                    (D) one shall be a representative of the American 
                Academy of Pediatrics;
                    (E) one shall be a representative of the 
                Association of American Medical Colleges;
                    (F) one shall be a representative of the 
                Association for Substance Abuse Medicine;
                    (G) one shall be a representative of the American 
                Society of Addiction Medicine;
                    (H) one shall be a representative of the American 
                Academy of Family Physicians;
                    (I) one shall be a representative of the American 
                Academy of Neurology; and
                    (J) one shall be a representative of the American 
                College of Preventive Medicine.
            (3) Ex officio members.--Each of the following officials 
        (or the designees of the officials) shall serve as the ex 
        officio members of the Commission under paragraph (1):
                    (A) The Director of the National Institutes of 
                Health.
                    (B) The Director of National Drug Control Policy.
                    (C) The Director of the Center on Substance Abuse 
                Prevention.
                    (D) The Director of the Center on Substance Abuse 
                Treatment.
                    (E) The Surgeon General of the Public Health 
                Service.
    (d) Chair.--The Commission shall, from among the members appointed 
under subsection (c)(2), designate an individual to serve as the chair 
of the Commission.
    (e) Terms.--The term of a member of the Commission appointed under 
subsection (c)(2) is for the duration of the Commission.
    (f) Vacancies.--
            (1) Authority of commission.--A vacancy in the membership 
        of the Commission does not affect the power of the remaining 
        members to carry out the duties under subsection (b).
            (2) Appointment of successors.--A vacancy in the membership 
        of the Commission shall be filled in the manner in which the 
        original appointment was made.
            (3) Incomplete term.--If a member of the Commission does 
        not serve the full term applicable to the member, the 
        individual appointed to fill the resulting vacancy shall be 
        appointed for the remainder of the term of the predecessor of 
        the individual.
    (g) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the Chair or a majority of the members. The Commission shall 
        meet no fewer than four times.
            (2) Quorum.--A quorum for meetings of the Commission is 
        constituted by the presence of ____ members.
    (h) Compensation; Reimbursement of Expenses.--
            (1) Appointed members.--Members of the Commission appointed 
        under subsection (c)(2) shall receive compensation for each day 
        (including traveltime) engaged in carrying out the duties of 
        the Committee. Such compensation may not be in an amount in 
        excess of the daily equivalent of the annual maximum rate of 
        basic pay payable under the General Schedule (under title 5, 
        United States Code) for positions above GS-15.
            (2) Ex officio members.--Members of the Commission who are 
        designated under subsection (a)(4) may not receive compensation 
        for service on the Commission in addition to the compensation 
        otherwise received for duties carried out as Federal officers 
        or employees.
            (3) Reimbursement.--Members of the Commission may, in 
        accordance with chapter 57 of title 5, United States Code, be 
        reimbursed for travel, subsistence, and other necessary 
        expenses incurred in carrying out the duties of the Commission.
    (i) Staff and Consultants.--
            (1) Staff.--
                    (A) In general.--The Commission may appoint and 
                determine the compensation of such staff as may be 
                necessary to carry out the duties of the Commission, 
                including an executive director. Such appointments and 
                compensation may be made without regard to the 
                provisions of title 5, United States Code, that govern 
                appointments in the competitive services, and the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of such title that relate to classifications and the 
                General Schedule pay rates.
                    (B) Limitation.--Staff members appointed under 
                paragraph (1) may not be compensated in excess of the 
                maximum rate of basic pay payable for GS-15, except 
                that the executive director may not be compensated in 
                an amount exceeding the maximum rate of basic pay 
                payable under the General Schedule for positions above 
                GS-15.
            (2) Consultants.--The Commission may procure such temporary 
        and intermittent services of consultants under section 3109(b) 
        of title 5, United States Code, as the Commission may determine 
        to be appropriate in carrying out the duties under subsection 
        (b). The Commission may not procure services under this 
        subsection at any rate in excess of the daily equivalent of the 
        maximum annual rate of basic pay payable under the General 
        Schedule for positions above GS-15. Consultants under this 
        subsection may, in accordance with chapter 57 of title 5, 
        United States Code, be reimbursed for travel, subsistence, and 
        other necessary expenses incurred for activities carried out on 
        behalf of the Commission pursuant to subsection (b).
    (j) Administrative Support.--The Administrator of General Services 
shall, on a reimbursable basis, provide for the Commission such 
quarters and administrative support as may be necessary for the 
Commission to carry out the duties under subsection (b).
    (k) Duration of Commission.--The Commission terminates 45 days 
after the date on which the report under subsection (b)(3) is submitted 
under such subsection.
    (l) Definitions.--For purposes of this section:
            (1) The term ``Commission'' means the National Commission 
        on the Role of Medical Education in Reducing Substance Abuse.
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services
    (m) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $1,000,000 for 
fiscal year 1999, to remain available until the termination of the 
Commission under subsection (k).

            TITLE III--STATEMENT OF NATIONAL ANTIDRUG POLICY

      Subtitle A--Congressional Leadership in Community Coalitions

SEC. 301. SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) Illegal drug use is dangerous to the physical well-
        being of the Nation's youth.
            (2) Illegal drug use can destroy the lives of the Nation's 
        youth by diminishing their sense of morality and with it 
        everything in life that is important and worthwhile.
            (3) According to recently released national surveys, drug 
        use among the Nation's youth remains at alarmingly high levels.
            (4) National leadership is critical to conveying to the 
        Nation's youth the message that drug use is dangerous and 
        wrong.
            (5) National leadership can help mobilize every sector of 
        the community to support the implementation of comprehensive, 
        sustainable, and effective programs to reduce drug abuse.
            (6) As of September 1, 1998, 76 Members of the House of 
        Representatives were establishing community-based anti-drug 
        coalitions in their congressional districts or were actively 
        supporting such coalitions that already existed.
            (7) The individual Members of the House of Representatives 
        can best help their constituents prevent drug use among the 
        Nation's youth by establishing community-based anti-drug 
        coalitions in their congressional districts or by actively 
        supporting such coalitions that already exist.
    (b) Sense of Congress.--It is the sense of Congress that the 
individual Members of the House of Representatives, including the 
Delegates and the Resident Commissioner, should establish community-
based anti-drug coalitions in their congressional districts or should 
actively support such coalitions that already exist.

             Subtitle B--Rejection of Legalization of Drugs

SEC. 311. SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) Illegal drug use is harmful and wrong.
            (2) Illegal drug use can kill the individuals involved or 
        cause the individuals to hurt or kill others, and such use 
        strips the individuals of their moral sense.
            (3) The greatest threat presented by such use is to the 
        youth of the United States, who are illegally using drugs in 
        increasingly greater numbers.
            (4) The people of the United States are more concerned 
        about illegal drug use and crimes associated with such use than 
        with any other current social problem.
            (5) Efforts to legalize or otherwise legitimize drug use 
        present a message to the youth of the United States that drug 
        use is acceptable.
            (6) Article VI, clause 2 of the Constitution of the United 
        States states that ``[t]his Constitution, and the laws of the 
        United States which shall be made in pursuance thereof; and all 
        treaties made, or which shall be made, under the authority of 
        the United States, shall be the supreme law of the land; and 
        judges in every state shall be bound thereby, any thing in the 
        Constitution or laws of any state to the contrary 
        notwithstanding.''.
            (7) The courts of the United States have repeatedly found 
        that any State law that conflicts with a Federal law or treaty 
        is preempted by such law or treaty.
            (8) The Controlled Substances Act (title II of Public Law 
        91-513; 21 U.S.C. 801 et seq.) strictly regulates the use and 
        possession of drugs.
            (9) The United Nations Convention Against Illicit Traffic 
        in Narcotic Drugs and Psychotrophic Substances Treaty similarly 
        regulates the use and possession of drugs.
            (10) Any attempt to authorize under State law an activity 
        prohibited under such Treaty or the Controlled Substances Act 
        would conflict with that Treaty or Act.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the several States, and the citizens of such States, 
        should reject the legalization of drugs through legislation, 
        ballot proposition, constitutional amendment, or any other 
        means; and
            (2) every State should make efforts to be a drug-free 
        State.

  Subtitle C--Report on Streamlining Federal Prevention and Treatment 
                                Efforts

SEC. 321. REPORT ON STREAMLINING FEDERAL PREVENTION AND TREATMENT 
              EFFORTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the efforts of the Federal Government to reduce the 
        demand for illegal drugs in the United States are frustrated by 
        the fragmentation of those efforts across multiple departments 
        and agencies; and
            (2) improvement of those efforts can best be achieved 
        through consolidation and coordination.
    (b) Report Requirement.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Director of National Drug Control 
        Policy shall prepare and submit to the appropriate committee a 
        report evaluating options for increasing the efficacy of drug 
        prevention and treatment programs and activities by the Federal 
        Government. Such option shall include the merits of a 
        consolidation of programs into a single agency, transferring 
        programs from one agency to another, and improving coordinating 
        mechanisms and authorities.
            (2) Recommendation and explanatory statement.--The study 
        submitted under paragraph (1) shall identify options the 
        Director deems have merit, and an explanation which options 
        should be implemented.
            (3) Authorization of appropriations.--For purposes of 
        carrying out this section, there are authorized to be 
        appropriated to the Director of National Drug Control Policy 
        $1,000,000 for contracting, policy research, and related costs.
    (c) Appropriate Committee Defined.--In this section, the term 
``appropriate committees'' means the Committee on Appropriations, the 
Committee on Commerce, and the Committee on Education and the Workforce 
of the House of Representatives, and the Committee on Appropriations, 
and Committee on Labor and Human Resources of the Senate.
                                 <all>