[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2446 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2446

   To stop illegal drugs from entering the United States, to provide 
    additional resources to combat illegal drugs, and to establish 
           disincentives for teenagers to use illegal drugs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             September 8 (legislative day, August 31), 1998

 Mr. Coverdell introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To stop illegal drugs from entering the United States, to provide 
    additional resources to combat illegal drugs, and to establish 
           disincentives for teenagers to use illegal 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-Free 
Neighborhoods Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--DRUG-FREE BORDERS

Sec. 101. Short title.
Sec. 102. Increased resources for interdiction.
Sec. 103. Felony punishment for violence committed along the United 
                            States border.
Sec. 104. Increased penalty for false statement offense.
Sec. 105. Civil penalties to support maritime law enforcement.
Sec. 106. Increased number of Border Patrol agents.
Sec. 107. Border Patrol pursuit policy.
Sec. 108. Rotation of duty stations and temporary duty assignments of 
                            officers of the United States Customs 
                            Service.
Sec. 109. Effect of collective bargaining agreements on ability of 
                            United States Customs Service to interdict 
                            contraband.
     TITLE II--PROTECTING OUR NEIGHBORHOODS AND SCHOOLS FROM DRUGS

                   Subtitle A--Drug-Free Teen Drivers

Sec. 201. Short title.
Sec. 202. Demonstration program.
Sec. 203. Incentive grant program.
Sec. 204. Authorization of appropriations.
                     Subtitle B--Drug-Free Schools

Sec. 211. Findings.
  Chapter 1--Victim And Witness Assistance Programs for Teachers and 
                                Students

Sec. 212. Amendments to Victims of Crime Act of 1984.
    Chapter 2--Innovative Programs to Protect Teachers and Students

Sec. 215. Definitions.
Sec. 216. Authorization of appropriations.
Sec. 217. Authorization for report cards on schools.
Sec. 218. Application.
Sec. 219. Innovative voluntary random drug testing programs.
                Chapter 3--Parental Consent Drug Testing

Sec. 220. Grants for parental consent drug testing demonstration 
                            projects.
                  Subtitle C--Drug-Free Student Loans

Sec. 231. Drug-free student loans
                    Subtitle D--Drug-Free Workplaces

Sec. 241. Short title.
Sec. 242. Findings; purposes.
Sec. 243. Sense of congress.
Sec. 244. Drug-free workplace demonstration program.
Sec. 245. Small business development centers.
Sec. 246. Contract authority.
                   Subtitle E--Drug-Free Communities

Sec. 251. Drug-free communities.
           Subtitle F--Banning Free Needles for Drug Addicts

Sec. 255. Prohibition on use of funds for hypodermic needles.
                  TITLE III--DEFEATING THE DRUG MAFIA

Sec. 301. Increased resources for law enforcement.
Sec. 302. Registration of convicted drug dealers.
                TITLE IV--NATIONAL DRUG CONTROL STRATEGY

Sec. 401. Development, submission, implementation, and assessment of 
                            national drug control strategy.
Sec. 402. Report by President.

                       TITLE I--DRUG-FREE BORDERS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Drug-Free Borders Act of 1998''.

SEC. 102. INCREASED RESOURCES FOR INTERDICTION.

    (a) Customs.--In addition to other amounts appropriated for the 
United States Customs Service for a fiscal year, there is authorized to 
be appropriated, $500,000,000 for each of the fiscal years 1999 through 
2003 to be used to monitor border ports of entry to stop the flow of 
illegal drugs into the United States, of which not less than 20 percent 
of such funds shall be used to provide assistance to State and local 
law enforcement entities.
    (b) Coast Guard.--In addition to other amounts appropriated for the 
United States Coast Guard for a fiscal year, there is authorized to be 
appropriated, $400,000,000 for each of the fiscal years 1999 through 
2003 to be used to expand activities to stop the flow of illegal drugs 
into the United States.
    (c) Department of Defense.--In addition to other amounts 
appropriated for the Department of Defense for a fiscal year, there is 
authorized to be appropriated, $470,000,000 for each of the fiscal 
years 1999 through 2003 to be used to expand activities to stop the 
flow of illegal drugs into the United States, of which not less than 20 
percent of such funds shall be used to provide assistance to State and 
local law enforcement entities.

SEC. 103. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED 
              STATES BORDER.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 554. Violence while eluding inspection or during violation of 
              arrival, reporting, entry, or clearance requirements
    ``(a) In General.--Whoever attempts to commit or commits a crime of 
violence during and in relation to--
            ``(1) attempting to elude or eluding customs, immigration, 
        or agriculture inspection or failing to stop at the command of 
        an officer of customs, immigration, or animal and plant and 
        health inspection services; or
            ``(2) an intentional violation of arrival, reporting, 
        entry, or clearance requirements, as set forth in a provision 
        of law listed in subsection (c);
shall be fined under this title or imprisoned for not more than 5 
years, or both, except that if bodily injury (as defined in section 
1365(g) of this title) results, the maximum term of imprisonment is 10 
years, and if death results, the offender may be imprisoned for any 
term of years or for life, and may be sentenced to death.
    ``(b) Conspiracy.--If 2 or more persons conspire to commit an 
offense under subsection (a), and 1 or more of such persons do any act 
to effect the object of the conspiracy, each shall be punishable as a 
principal, except that the sentence of death may not be imposed.
    ``(c) Provisions of Law.--The provisions of law referred to in 
subsection (a) are--
            ``(1) section 107 of the Federal Plant Pest Act (7 U.S.C. 
        150ff));
            ``(2) section 7 of the Federal Noxious Weed Act of 1974 (7 
        U.S.C. 2806);
            ``(3) section 431, 433, 434, or 459 of the Tariff Act of 
        1930 (19 U.S.C. 1431, 1433, 1434, 1459);
            ``(4) section 6 of the Act of August 30, 1890 (21 U.S.C. 
        105; Chapter 839, 26 Stat. 416);
            ``(5) section 2 of the Act of February 2, 1903 (21 U.S.C. 
        111; Chapter 349, 32 Stat. 791);
            ``(6) section 231, 232, 234, 235, 236, 237, or 238 of the 
        Immigration and Nationality Act (8 U.S.C. 1221, 1222, 1224, 
        1225, 1226, 1227, 1228);
            ``(7) section 4197 of the Revised Statutes of the United 
        States (46 U.S.C. App. 91); or
            ``(8) section 111 of title 21, United States Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 27 of title 18, United States Code, is amended by inserting at 
the end the following:

``554. Violence while eluding inspection or during violation of 
                            arrival, reporting, entry, or clearance 
                            requirements.''.

SEC. 104. INCREASED PENALTY FOR FALSE STATEMENT OFFENSE.

    Section 542 of title 18, United States Code, is amended by striking 
``two years'' and inserting ``5 years''.

SEC. 105. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 676. Civil penalty for failure to comply with vessel boarding
    ``(a) In General.--Any person that engages in conduct that violates 
section 2237(a)(1) or (2) of title 18, United States Code, shall be 
liable to the United States Government--
            ``(1) for a civil penalty of not more than $25,000, in the 
        case of an intentional violation; or
            ``(2) for a civil penalty of not more than $15,000, in the 
        case of any other violation.
    ``(b) Seizure or Forfeiture.--A vessel used to engage in conduct 
for which a penalty is imposed under subsection (a) is liable in rem 
for that penalty and may be seized, forfeited, and sold in accordance 
with customs laws.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of title 14, United States Code, is amended by adding at the 
end the following new item:

``676. Civil penalty for failure to comply with vessel boarding.''.

SEC. 106. INCREASED NUMBER OF BORDER PATROL AGENTS.

    Section 101(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is 
amended to read as follows:
    ``(a) Increased Number of Border Patrol Agents.--The Attorney 
General in each of fiscal years 1999, 2000, 2001, 2002, and 2003 shall 
increase by not less than 1,500 the number of positions for full-time, 
active-duty border patrol agents within the Immigration and 
Naturalization Service above the number of such positions for which 
funds were allotted for the preceding fiscal year, to achieve a level 
of 15,000 positions by fiscal year 2003.''.

SEC. 107. BORDER PATROL PURSUIT POLICY.

    A border patrol agent of the United States Border Patrol may not 
cease pursuit of an alien who the agent suspects has unlawfully entered 
the United States, or an individual who the agent suspects has 
unlawfully imported a narcotic into the United States, until State or 
local law enforcement authorities are in pursuit of the alien or 
individual and have the alien or individual in their visual range.

SEC. 108. ROTATION OF DUTY STATIONS AND TEMPORARY DUTY ASSIGNMENTS OF 
              OFFICERS OF THE UNITED STATES CUSTOMS SERVICE.

    Section 5 of the Act of February 13, 1911 (19 U.S.C. 267) is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Rotation of Duty Stations and Temporary Duty Assignments of 
Customs Officers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law or Executive order, beginning October 1, 1999, in order to 
        ensure the integrity of the United States Customs Service, the 
        Secretary of the Treasury--
                    ``(A) may transfer up to 5 percent of the customs 
                officers employed as of the beginning of each fiscal 
                year to new duty stations in that fiscal year on a 
                permanent basis; and
                    ``(B) may transfer customs officers to temporary 
                duty assignments for not more than 90 days.
            ``(2) Voluntary and other transfers.--A transfer of a 
        customs officer to a new duty station or a temporary duty 
        assignment under paragraph (1) is in addition to any voluntary 
        transfer or transfer for other reasons.''.

SEC. 109. EFFECT OF COLLECTIVE BARGAINING AGREEMENTS ON ABILITY OF 
              UNITED STATES CUSTOMS SERVICE TO INTERDICT CONTRABAND.

    Section 5 of the Act of February 13, 1911 (19 U.S.C. 267), as 
amended by this Act, is further amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Effect of Collective Bargaining Agreements on Ability of 
Customs Service To Interdict Contraband.--
            ``(1) Sense of the congress.--It is the sense of the 
        Congress that collective bargaining agreements should not have 
        any adverse impact on the ability of the United States Customs 
        Service to interdict contraband, including controlled 
        substances.
            ``(2) Provisions causing adverse impact to interdict 
        contraband.--
                    ``(A) Requirement to meet.--If the Commissioner of 
                the Customs Service or an exclusive representative of 
                Customs Service employees determines that any 
                collective bargaining agreement between the parties has 
                an adverse impact upon the interdiction of contraband, 
                including controlled substances, the parties shall meet 
                to address the issue.
                    ``(B) Failure to reach agreement.--If the parties 
                do not reach agreement within 90 days of the date of 
                the determination of adverse impact, either party may 
                enlist the services of the Federal Mediation and 
                Conciliation Service to facilitate the resolution of 
                the dispute. If an impasse is declared, either party 
                may pursue such impasse with the Federal Service 
                Impasses Panel pursuant to section 7119(c) of title 5, 
                United States Code, for ultimate resolution.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit the authority of 
                the Customs Service to implement immediately any 
                proposed changes without waiting 90 days, if emergency 
                circumstances, as defined in section 7106(a)(2)(D) of 
                title 5, United States Code, warrant such immediate 
                implementation, or if an impasse is reached in less 
                than 90 days.''.

     TITLE II--PROTECTING OUR NEIGHBORHOODS AND SCHOOLS FROM DRUGS

                   Subtitle A--Drug-Free Teen Drivers

SEC. 201. SHORT TITLE.

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

SEC. 202. 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. 203. INCENTIVE GRANT PROGRAM.

    (a) In General.--The Secretary of Transportation shall establish an 
incentive grant program for 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 carry out 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. 204. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated, $10,000,000 for each of 
the fiscal years 1999 through 2003 to carry out this subtitle.

                     Subtitle B--Drug-Free Schools

SEC. 211. FINDINGS.

    Congress finds that--
            (1) the continued presence in schools of violent students 
        who are a threat to both teachers and other students is 
        incompatible with a safe learning environment;
            (2) unsafe school environments place students who are 
        already at risk of school failure for other reasons in further 
        jeopardy;
            (3) recently, over one-fourth of high school students 
        surveyed reported being threatened at school;
            (4) 2,000,000 more children are using drugs in 1997 than 
        were doing so a few short years prior to 1997;
            (5) nearly 1 out of every 20 students in 6th through 12th 
        grade uses drugs on school grounds;
            (6) more of our children are becoming involved with hard 
        drugs at earlier ages, as use of heroin and cocaine by 8th 
        graders has more than doubled since 1991; and
            (7) greater cooperation between schools, parents, law 
        enforcement, the courts, and the community is essential to 
        making our schools safe from drugs and violence.

  CHAPTER 1--VICTIM AND WITNESS ASSISTANCE PROGRAMS FOR TEACHERS AND 
                                STUDENTS

SEC. 212. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

    (a) Victim Compensation.--Section 1403 of the Victims of Crime Act 
of 1984 (42 U.S.C. 10602) is amended by adding at the end the 
following:
    ``(f) Victims of School Violence.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, an eligible crime victim compensation program may expend 
        funds appropriated under paragraph (2) to offer compensation to 
        elementary and secondary school students or teachers who are 
        victims of elementary and secondary school violence (as school 
        violence is defined under applicable State law).
            ``(2) Funding.--There is authorized to be appropriated such 
        sums as may be necessary to carry out paragraph (1).''.
    (b) Victim and Witness Assistance.--Section 1404(c) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10603(c)) is amended by adding at the 
end the following:
            ``(5) Assistance for victims of and witnesses to school 
        violence.--Notwithstanding any other provision of law, the 
        Director may make a grant under this section for a 
        demonstration project or for training and technical assistance 
        services to a program that--
                    ``(A) assists State educational agencies and local 
                educational agencies (as the terms are defined in 
                section 14101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 8801)) in developing, 
                establishing, and operating programs that are designed 
                to protect victims of and witnesses to incidents of 
                elementary and secondary school violence (as school 
                violence is defined under applicable State law), 
                including programs designed to protect witnesses 
                testifying in school disciplinary proceedings; or
                    ``(B) supports a student safety toll-free hotline 
                that provides students and teachers in elementary and 
                secondary schools with confidential assistance relating 
                to the issues of school crime, violence, drug dealing, 
                and threats to personal safety.''.

    CHAPTER 2--INNOVATIVE PROGRAMS TO PROTECT TEACHERS AND STUDENTS

SEC. 215. DEFINITIONS.

    In this chapter:
            (1) Elementary school, local educational agency, secondary 
        school, and state educational agency.--The terms ``elementary 
        school'', ``local educational agency'', ``secondary school'', 
        and ``State educational agency'' have the meanings given the 
        terms in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this chapter.

SEC. 217. AUTHORIZATION FOR REPORT CARDS ON SCHOOLS.

    (a) In General.--The Secretary is authorized to award grants to 
States, State educational agencies, and local educational agencies to 
develop, establish, or conduct innovative programs to improve unsafe 
elementary schools or secondary schools.
    (b) Priority.--The Secretary shall give priority to awarding grants 
under subsection (a) to--
            (1) programs that provide parent and teacher notification 
        about incidents of physical violence, weapon possession, or 
        drug activity on school grounds as soon after the incident as 
        practicable;
            (2) programs that provide to parents and teachers an annual 
        report regarding--
                    (A) the total number of incidents of physical 
                violence, weapon possession, and drug activity on 
                school grounds;
                    (B) the percentage of students missing 10 or fewer 
                days of school; and
                    (C) a comparison, if available, to previous annual 
                reports under this paragraph, which comparison shall 
                not involve a comparison of more than 5 such previous 
                annual reports; and
            (3) programs to enhance school security measures that may 
        include--
                    (A) equipping schools with fences, closed circuit 
                cameras, and other physical security measures;
                    (B) providing increased police patrols in and 
                around elementary schools and secondary schools, 
                including canine patrols; and
                    (C) mailings to parents at the beginning of the 
                school year stating that the possession of a gun or 
                other weapon, or the sale of drugs in school, will not 
                be tolerated by school authorities.

SEC. 218. APPLICATION.

    (a) In General.--Each State, State educational agency, or local 
educational agency desiring a grant under this chapter shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require.
    (b) Contents.--Each application submitted under subsection (a) 
shall contain an assurance that the State or agency has implemented or 
will implement policies that--
            (1) provide protections for victims and witnesses to school 
        crime, including protections for attendance at school 
        disciplinary proceedings;
            (2) expel students who, on school grounds, sell drugs, or 
        who commit a violent offense that causes serious bodily injury 
        of another student or teacher; and
            (3) require referral to law enforcement authorities or 
        juvenile authorities of any student who on school grounds--
                    (A) commits a violent offense resulting in serious 
                bodily injury; or
                    (B) sells drugs.
    (c) Special Rule.--For purposes of paragraphs (2) and (3) of 
subsection (b), State law shall determine what constitutes a violent 
offense or serious bodily injury.

SEC. 219. INNOVATIVE VOLUNTARY RANDOM DRUG TESTING PROGRAMS.

    Section 4116(b) of the Safe and Drug-Free Schools and Communities 
Act of 1994 (20 U.S.C. 7116(b)) is amended--
            (1) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following:
            ``(10) innovative voluntary random drug testing programs; 
        and''.

                CHAPTER 3--PARENTAL CONSENT DRUG TESTING

SEC. 220. GRANTS FOR PARENTAL CONSENT DRUG TESTING DEMONSTRATION 
              PROJECTS.

    (a) In General.--The Administrator is authorized to award grants to 
States, State educational agencies, and local educational agencies to 
develop, establish, or conduct programs for testing students for 
illegal drug use with prior parental consent.
    (b) Guidelines.--The Administrator may award grants under 
subsection (a) only to programs that substantially comply with the 
following guidelines:
            (1) Students will only be tested with their parent's 
        consent. If the program also requires the consent of the 
        student, the parent will be informed of any refusal by the 
        student to give consent.
            (2) The program may involve random testing or testing of 
        all students within certain grade or age parameters at a 
        participating school. No students under seventh grade or over 
12th grade may be tested using funds from grants awarded under this 
section.
            (3) Students who test positive for illegal drugs will not 
        be penalized, except that the privilege of participating in 
        optional courses or extra-curricula activities in which drug 
        impairment might pose a safety risk (such as athletic teams, 
        drivers education, or industrial arts) may be restricted.
            (4) The parent of a student who tests positive for illegal 
        drugs shall be notified of the results in a discrete manner by 
        a health care professional, a counselor, or other appropriate 
        person. Parents shall be advised of resources that may be 
        available in the local area to treat drug dependency.
            (5) The procedures used in the demonstration project shall 
        be designed to ensure fairness and accuracy. The procedures 
        shall also require personnel administering the drug testing 
        program to treat individual test results confidentially, and 
        not to provide individual test results to law enforcement 
        officials. Statistical information which does not reveal 
        individual identifying information should be provided to law 
        enforcement officials.
    (c) Subpoenas and Discovery.--Test results for tests conducted 
under a demonstration project receiving funds under this section shall 
not be subject to subpoena or discovery in any court or administrative 
forum, without the consent of the individual's parent, unless the 
individual is no longer a minor, in which case the individual's consent 
is required.
    (d) Matching Funds.--The Administrator may give a preference in the 
award of grants under this section to applicants who provide an 
assurance that such applicant will commit some level of matching funds 
or resources for the program.
    (e) Construction of This Section.--Nothing in this section shall be 
construed to restrict other permissible drug testing activities in 
schools. Additional drug testing not conducted in accordance with the 
guidelines in subsection (b) may be conducted in schools which receive 
funding under this section, except that grants awarded under this 
section shall not be used to fund such additional testing.
    (f) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Juvenile Justice and Delinquency 
        Prevention of the Department of Justice.
            (2) Parent.--The term ``parent'' means a custodial parent 
        or legal guardian.
            (3) State, state educational agency, and local educational 
        agency.--The terms ``State'', ``State educational agency'', and 
        ``local educational agency'' have the meanings given such terms 
        in section 14101 of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 8801).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated, $10,000,000 for each of the fiscal years 1999 through 
2003. Such sums shall remain available until expended.

                  Subtitle C--Drug-Free Student Loans

SEC. 231. DRUG-FREE STUDENT LOANS

    (a) In General.--Section 484 of the Higher Education Act of 1965 
(20 U.S.C. 1091) is amended by adding at the end the following:
    ``(q) Suspension of Eligibility for Drug Related Offenses.--
            ``(1) In general.--An individual student who has been 
        convicted of any felony offense under any Federal or State law 
        involving the possession or sale of a controlled substance 
        shall not be eligible to receive any grant, loan, or work 
        assistance under this title during the period beginning on the 
        date of such conviction and ending after the interval specified 
        in the following table:

                                                                        
                                                                        
                                                                        
``If convicted of an offense                                            
 involving:                                                             
                                                                        
    The possession of a controlled  Ineligibility period is:            
     substance:                                                         
      First offense...............      1 year                          
      Second offense..............      2 years                         
      Third offense...............      indefinite                      
                                                                        
    The sale of a controlled                                            
     substance:                                                         
      First offense...............      2 years                         
      Second offense..............      indefinite                      
                                                                        

            ``(2) Rehabilitation.--A student whose eligibility has been 
        suspended under paragraph (1) may resume eligibility before the 
        end of the period determined under such paragraph if the 
        student satisfactorily completes a drug rehabilitation program 
        that complies with such criteria as the Secretary shall 
        prescribe for purposes of this paragraph and that includes two 
        unannounced drug tests.
            ``(3) Definitions.--As used in this subsection, the term 
        `controlled substance' has the meaning given in section 102(6) 
        of the Controlled Substances Act (21 U.S.C. 802(6)).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to financial assistance to cover the costs of 
attendance for periods of enrollment beginning after the date of 
enactment of this Act.

                    Subtitle D--Drug-Free Workplaces

SEC. 241. SHORT TITLE.

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

SEC. 242. 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. 243. 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. 244. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

    The Small Business Act (15 U.S.C. 636 et seq.) is amended--
            (1) by redesignating section (32) as section (33); and
            (2) by inserting after section 31 the following:

``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 described in subsection (b) 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 short-term problem 
        resolution.
    ``(d) Authorization.--There is authorized to be appropriated to 
carry out this section, $10,000,000 for fiscal year 1999. Such sums 
shall remain available until expended.''.

SEC. 245. 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'' at the end;
            (2) in subparagraph (S), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (S) the following:
            ``(T) providing information and assistance to small 
        business concerns with respect to developing drug-free 
        workplace programs.''.

SEC. 246. CONTRACT AUTHORITY.

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

                   Subtitle E--Drug-Free Communities

SEC. 251. DRUG-FREE COMMUNITIES.

    Section 1024(a) of the National Leadership Act of 1988 (21 U.S.C. 
1524(a)) is amended--
            (1) in paragraph (1), by adding ``and'' after the 
        semicolon; and
            (2) by striking paragraphs (2) through (5), and inserting 
        the following:
            ``(2) $50,000,000 for each of the fiscal years 1999 through 
        2003, of which $10,000,000 in each such fiscal year shall be 
        used for volunteer grassroots drug prevention programs that 
        mobilize parent action teams nationwide to conduct community 
        teen drug awareness education and prevention activities that 
        guarantee increased parental involvement.''.

           Subtitle F--Banning Free Needles for Drug Addicts

SEC. 255. PROHIBITION ON USE OF FUNDS FOR HYPODERMIC NEEDLES.

    Notwithstanding any other provision of law, no Federal funds for 
fiscal years 1998 or 1999 shall be made available or used to carry out 
any program of distributing sterile hypodermic needles or syringes to 
individuals for the hypodermic injection of any illegal drug.

                  TITLE III--DEFEATING THE DRUG MAFIA

SEC. 301. INCREASED RESOURCES FOR LAW ENFORCEMENT.

    (a) Drug Enforcement Administration.--In addition to other amounts 
appropriated for the Drug Enforcement Administration for a fiscal year, 
there is authorized to be appropriated, $300,000,000 for each of the 
fiscal years 1999 through 2003 to be used for additional activities to 
disrupt and dismantle drug trafficking organizations, of which not less 
than 20 percent of such funds shall be used to provide assistance to 
State and local law enforcement entities.
    (b) Federal Bureau of Investigation.--In addition to other amounts 
appropriated for the Federal Bureau of Investigation for a fiscal year, 
there is authorized to be appropriated, $200,000,000 for each of the 
fiscal years 1999 through 2003 to be used to enhance investigative and 
intelligence gathering capabilities relating to illegal drugs, of which 
not less than 20 percent of such funds shall be used to provide 
assistance to State and local law enforcement entities.

SEC. 302. REGISTRATION OF CONVICTED DRUG DEALERS.

    (a) In General.--The Attorney General shall establish an incentive 
grant program for States to assist the States in enacting laws that 
establish State registration programs for individuals convicted of 
criminals offenses involving drug trafficking.
    (b) Grant Requirements.--To qualify for a grant under subsection 
(a) a State shall enact, actively enforce, and publicize a law that 
requires that a person who is convicted of a criminal offense involving 
drug trafficking register a current address with a designated State law 
enforcement agency for up to 10-years following the date on which such 
individual is convicted or released from prison.
    (c) Requirements of State Law.--A State law enacted under 
subsection (b) shall contain the following elements:
            (1) Duties of responsible officials.--If a person who is 
        required to register under a State law under this section is 
        released from prison, or placed on parole, supervised release, 
        or probation, a State prison officer, the court, or another 
        responsible officer or official, shall--
                    (A) inform the person of the duty to register and 
                obtain the information required for such registration;
                    (B) inform the person that if the person changes 
                residence address, the person shall report the change 
                of address as provided by State law;
                    (C) inform the person that if the person changes 
                residence to another State, the person shall report the 
                change of address as provided by State law and comply 
                with any registration requirement in the new State of 
                residence, and inform the person that the person must 
                also register in a State where the person is employed, 
carries on a vocation, or is a student;
                    (D) obtain fingerprints and a photograph of the 
                person if these have not already been obtained in 
                connection with the offense that triggers registration; 
                and
                    (E) require the person to read and sign a form 
                stating that the duty of the person to register under 
                this section has been explained.
            (2) Transfer of information to state.--State procedures 
        under the State law shall ensure that the registration 
        information is promptly made available to a law enforcement 
        agency having jurisdiction where the person expects to reside 
        and entered into the appropriate State records or data system.
            (3) Verification.--For a person required to register, State 
        procedures under the State law shall provide for verification 
        of address at least annually.
            (4) Notification of local law enforcement agencies of 
        changes in address.--A change of address by a person required 
        to register under a State law under this section shall be 
        reported by the person in the manner provided by State law. 
        State procedures shall ensure that the updated address 
        information is promptly made available to a law enforcement 
        agency having jurisdiction where the person will reside and 
        entered into the appropriate State records or data system.
            (5) Registration for change of address to another state.--A 
        person who has been convicted of an offense which requires 
        registration under a State law under this section and who moves 
        to another State, shall report the change of address to the 
        responsible agency in the State the person is leaving, and 
        shall comply with any registration requirement in the new State 
        of residence. The procedures of the State the person is leaving 
        shall ensure that notice is provided promptly to an agency 
        responsible for registration in the new State, if that State 
        requires registration.
            (6) Length of registration.--A person required to register 
        under a State law under this section shall continue to comply 
        with this section, except during ensuing periods of 
        incarceration, until 10 years have elapsed since the person was 
        released from prison or placed on parole, supervised release, 
        or probation.
            (7) Registration of out-of-state offenders, federal 
        offenders, persons sentenced by courts martial, and offenders 
        crossing state borders.--A State shall include in its 
        registration program residents who were convicted in another 
        State and shall ensure that procedures are in place to accept 
        registration information from--
                    (A) residents who were convicted in another State, 
                convicted of a Federal offense, or sentenced by a court 
                martial; and
                    (B) nonresident offenders who have crossed into 
                another State in order to work or attend school.
            (8) Registration of offender crossing state border.--Any 
        person who is required under a State law under this section to 
        register in the State in which such person resides shall also 
        register in any State in which the person is employed, carries 
        on a vocation, or is a student.
            (9) Penalty.--A person required to register under a State 
        law under this section who knowingly fails to so register and 
        keep such registration current shall be subject to criminal 
        penalties in any State in which the person has so failed.
            (10) Release of information.--
                    (A) In general.--The information collected under a 
                State registration program under this section may be 
                disclosed for any purpose permitted under the laws of 
                the State.
                    (B) Protection of the public.--The State or any 
                agency authorized by the State shall release relevant 
                information that is necessary to protect the public 
                concerning a specific person required to register under 
                this section.
            (11) Immunity for good faith conduct.--Law enforcement 
        agencies, employees of law enforcement agencies and independent 
        contractors acting at the direction of such agencies, and State 
        officials shall be immune from liability for good faith conduct 
        under a State law under this section.
            (12) Fingerprints.--Each requirement to register under a 
        State law under this section shall be deemed to also require 
        the submission of a set of fingerprints of the person required 
        to register, obtained in accordance with regulations prescribed 
        by the Attorney General under section 170102(h).
    (d) Use.--A State may only use a grant under subsection (a) to 
implement and enforce the law described in subsection (b).
    (e) Definition.--In this section, the term ``offenses involving 
drug trafficking'' means a criminal offense under Federal or applicable 
State law relating to--
            (1) the distribution of illegal drugs to individuals under 
        the age of 21 years;
            (2) the distribution of manufacturing of illegal drugs in 
        or near schools, colleges, universities, or youth-centered 
        recreational facilities; or
            (3) any other activity relating to illegal drugs determined 
        appropriate by the chief executive officer of the State 
        involved.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated, $5,000,000 for each of the fiscal years 1999 through 
2003.

                TITLE IV--NATIONAL DRUG CONTROL STRATEGY

SEC. 401. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
              NATIONAL DRUG CONTROL STRATEGY.

    Section 1005 of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1504) is amended to read as follows:

``SEC. 1005. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
              NATIONAL DRUG CONTROL STRATEGY.

    ``(a) Timing, Contents, and Process for Development and Submission 
of National Drug Control Strategy.--
            ``(1) Timing.--
                    ``(A) In general.--Not later than April 1, 1999, 
                the President shall submit to Congress a National Drug 
                Control Strategy, which shall set forth a comprehensive 
                2-year plan for reducing drug abuse and the 
                consequences of drug use in the United States, by 
                limiting the availability of and reducing the demand 
                for illegal drugs.
                    ``(B) 4-year plan.--Not later than October 1, 2001, 
                and on October 1 of every fourth year thereafter, the 
                President shall submit to Congress a revised National 
                Drug Control Strategy, which shall set forth a 
                comprehensive 4-year plan for reducing drug abuse and 
                the consequences of drug abuse in the United States, by 
                limiting the availability of and reducing the demand 
                for illegal drugs, and shall include quantifiable 4-
                year performance objectives, targets, and measures for 
                each National Drug Control Strategy goal and objective.
            ``(2) Contents.--
                    ``(A) In general.--The National Drug Control 
                Strategy submitted under paragraph (1) shall include--
                            ``(i) comprehensive, research-based, long-
                        range, quantifiable, goals for reducing drug 
                        abuse and the consequences of drug abuse in the 
                        United States;
                            ``(ii) short-term measurable objectives to 
                        accomplish long-term quantifiable goals that 
                        the Director determines may be realistically 
                        achieved during the 2-year period beginning on 
                        the date on which the strategy is submitted;
                            ``(iii) 5-year projections for program and 
                        budget priorities; and
                            ``(iv) a review of State, local, and 
                        private sector drug control activities to 
                        ensure that the United States pursues well-
                        coordinated and effective drug control at all 
                        levels of government.
                    ``(B) Classified information.--Any contents of the 
                National Drug Control Strategy that involves 
                information properly classified under criteria 
                established by an Executive order shall be presented to 
                Congress separately from the rest of the Strategy.
            ``(3) Process for development and submission.--
                    ``(A) Consultation.--In developing and effectively 
                implementing the National Drug Control Strategy, the 
                Director--
                            ``(i) shall consult with--
                                    ``(I) the heads of the National 
                                Drug Control Program agencies;
                                    ``(II) Congress;
                                    ``(III) State and local officials;
                                    ``(IV) private citizens and 
                                organizations with experience and 
                                expertise in demand reduction; and
                                    ``(V) private citizens and 
                                organizations with experience and 
                                expertise in supply reduction; and
                            ``(ii) may require the National Drug 
                        Intelligence Center and the El Paso 
                        Intelligence Center to undertake specific tasks 
                        or projects to implement the Strategy.
                    ``(B) Inclusion in strategy.--The National Drug 
                Control Strategy under this subsection, and each report 
                submitted under subsection (b), shall include a list of 
                each entity consulted under subparagraph (A)(i).
            ``(4) Modification and resubmittal.--Notwithstanding any 
        other provision of law, the Director may modify a National Drug 
        Control Strategy submitted under paragraph (1) at any time.
    ``(b) Annual Strategy Report.--
            ``(1) In general.--Not later than February 1, 1999, and on 
        February 1 of each year thereafter, the President shall submit 
        to Congress a report on the progress in implementing the 
        Strategy under subsection (a), which shall include--
                    ``(A) an assessment of the Federal effectiveness in 
                achieving the Strategy goals and objectives using the 
                performance measurement system described in subsection 
                (c), including--
                            ``(i) an assessment of drug use and 
                        availability in the United States; and
                            ``(ii) an estimate of the effectiveness of 
                        interdiction, treatment, prevention, law 
                        enforcement, and international programs under 
                        the National Drug Control Strategy in effect 
                        during the preceding year, or in effect as of 
                        the date on which the report is submitted;
                    ``(B) any modifications of the Strategy or the 
                performance measurement system described in subsection 
                (c);
                    ``(C) an assessment of how the budget proposal 
                submitted under section 1003(c) is intended to 
                implement the Strategy and whether the funding levels 
                contained in such proposal are sufficient to implement 
                such Strategy;
                    ``(D) beginning on February 1, 1999, and every 2 
                years thereafter, measurable data evaluating the 
                success or failure in achieving the short-term 
                measurable objectives described in subsection 
                (a)(2)(A)(ii);
                    ``(E) an assessment of current drug use (including 
                inhalants) and availability, impact of drug use, and 
                treatment availability, which assessment shall 
                include--
                            ``(i) 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) casual and chronic drug use;
                                    ``(II) high-risk populations, 
                                including school dropouts, the homeless 
                                and transient, arrestees, parolees, 
                                probationers, and juvenile delinquents; 
                                and
                                    ``(III) drug use in the workplace 
                                and the productivity lost by such use;
                            ``(ii) an assessment of the reduction of 
                        drug availability against an ascertained 
                        baseline, as measured by--
                                    ``(I) the quantities of cocaine, 
                                heroin, marijuana, methamphetamine, and 
                                other drugs available for consumption 
                                in the United States;
                                    ``(II) the amount of marijuana, 
                                cocaine, and heroin entering the United 
                                States;
                                    ``(III) the number of hectares of 
                                marijuana, poppy, and coca cultivated 
                                and destroyed;
                                    ``(IV) the number of metric tons of 
                                marijuana, heroin, and cocaine seized;
                                    ``(V) the number of cocaine and 
                                methamphetamine processing laboratories 
                                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 
                                in interdiction, and at United States 
                                ports of entry;
                            ``(iii) an assessment of the reduction of 
                        the consequences of drug use and availability, 
                        which shall include estimation of--
                                    ``(I) the burden drug users placed 
                                on hospital emergency departments 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 
                                infectious 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;
                            ``(iv) a 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 treatment capacity 
                                available in relation to the capacity 
                                actually used;
                                    ``(II) the extent, within each 
                                State, to which treatment is available;
                                    ``(III) the number of drug users 
                                the Director estimates could benefit 
                                from treatment; and
                                    ``(IV) 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; and
                            ``(v) a review of the research agenda of 
                        the Counter-Drug Technology Assessment Center 
                        to reduce the availability and abuse of drugs; 
                        and
                    ``(F) an assessment of private sector initiatives 
                and cooperative efforts between the Federal Government 
                and State and local governments for drug control.
            ``(2) Submission of revised strategy.--The President may 
        submit to Congress a revised National Drug Control Strategy 
        that meets the requirements of this section--
                    ``(A) at any time, upon a determination by the 
                President and the Director that the National Drug 
                Control Strategy in effect is not sufficiently 
                effective; and
                    ``(B) if a new President or Director takes office.
    ``(c) Performance Measurement System.--
            ``(1) In general.--Not later than April 1, 1999, the 
        Director shall submit to Congress a description of the national 
        drug control performance measurement system, designed in 
        consultation with affected National Drug Control Program 
        agencies, that--
                    ``(A) develops performance objectives, measures, 
                and targets for each National Drug Control Strategy 
                goal and objective;
                    ``(B) revises performance objectives, measures, and 
                targets, to conform with National Drug Control Program 
                Agency budgets;
                    ``(C) identifies major programs and activities of 
                the National Drug Control Program agencies that support 
                the goals and objectives of the National Drug Control 
                Strategy;
                    ``(D) evaluates implementation of major program 
                activities supporting the National Drug Control 
                Strategy developed under section 1005;
                    ``(E) monitors consistency between the drug-related 
                goals and objectives of the National Drug Control 
                Program agencies and ensures that drug control agency 
                goals and budgets support and are fully consistent with 
                the National Drug Control Strategy; and
                    ``(F) coordinates the development and 
                implementation of national drug control data collection 
                and reporting systems to support policy formulation and 
                performance measurement, including an assessment of--
                            ``(i) the quality of current drug use 
                        measurement instruments and techniques to 
                        measure supply reduction and demand reduction 
                        activities;
                            ``(ii) the adequacy of the coverage of 
                        existing national drug use measurement 
                        instruments and techniques to measure the 
                        casual drug user population and groups that are 
                        at risk for drug use; and
                            ``(iii) the actions the Director shall take 
                        to correct any deficiencies and limitations 
                        identified pursuant to subparagraphs (A) and 
                        (B) of subsection (b)(4).
            ``(2) Modifications.--A description of any modifications 
        made during the preceding year to the national drug control 
        performance measurement system described in paragraph (1) shall 
        be included in each report submitted under subsection (b).''.

SEC. 402. REPORT BY PRESIDENT.

    Not later than April 1, 1999, and every April 1 and October 1 
thereafter, the President shall prepare and submit to the appropriate 
committees of Congress a report on the prevalence of the use of any 
illegal drugs by youth between the ages of 12 and 17.
                                 <all>