[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2647 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2647

 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 SENATE OF THE UNITED STATES

             October 20 (legislative day, October 2), 1998

   Mr. Hatch introduced the following bill, which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 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 Prisons and Jails

Sec. 111. Short title.
Sec. 112. Purpose.
Sec. 113. Program authorization.
Sec. 114. Grant application.
Sec. 115. Uses of funds.
Sec. 116. Evaluation and recommendation report to Congress.
Sec. 117. Definitions.
Sec. 118. Authorization of appropriations.
            Subtitle C--Drug-Free Schools Quality Assurance

Sec. 121. Short title.
Sec. 122. Amendment to Safe and Drug-Free Schools and Communities Act.
            TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY

      Subtitle A--Congressional Leadership in Community Coalitions

Sec. 201. Sense of Congress.
             Subtitle B--Rejection of Legalization of Drugs

Sec. 211. Sense of Congress.
  Subtitle C--Report on Streamlining Federal Prevention and Treatment 
                                Efforts

Sec. 221. 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 in accordance with this subtitle 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 amounts made available to carry out this subtitle 
under 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.--
            (1) In general.--Amounts made available to carry out this 
        subtitle for the support of the national media campaign may 
        only be used for--
                    (A) the purchase of media time and space;
                    (B) talent reuse payments;
                    (C) out-of-pocket advertising production costs;
                    (D) testing and evlauation of advertising;
                    (E) evaluation of the effectiveness of the media 
                campaign;
                    (F) the negotiated fees for the winning bidder on 
                request for proposals issued by the Office of National 
                Drug Control Policy;
                    (G) partnerships with community, civic, and 
                professional groups, and government organizations 
                related to the media campaign; and
                    (H) entertainment industry collaborations to 
                fashion antidrug messages in motion pictures, 
                television programming, popular music, interactive 
                (Internet and new) media projects and activities, 
                public information, news media outreach, and corporate 
                sponsorship and participation.
            (2) Advertising.--In carrying out this subtitle, the 
        Director shall devote sufficient funds to the advertising 
portion of the national media campaign to meet the stated reach and 
frequency goals of the campaign.
    (b) Prohibitions.--None of the amounts made available under section 
105 may be obligated or expended--
            (1) to supplant current antidrug community based 
        coalitions;
            (2) to supplant current pro bono public service time 
        donated by national and local broadcasting networks;
            (3) for partisan political purposes; or
            (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, the Committee on Government Reform and 
        Oversight of the House of Representatives and the Committee on 
        the Judiciary of the Senate.
              (c) Matching Requirement.--Amounts made available under 
        section 105 should be matched by an equal amount of non-Federal 
        funds for the national media 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 an annual basis a report on the 
        activities for which amounts made available under section 105 
        have been obligated during the preceding year, including 
        information for each quarter of such year, and on the specific 
        parameters of the national media campaign; and
            (2) not later than 1 year after the date of 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 is authorized to be appropriated to 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 Prisons and Jails

SEC. 111. SHORT TITLE.

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

SEC. 112. PURPOSE.

    The purpose of this subtitle is to provide for the establishment of 
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. 113. 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 114(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 
make pursuant to this subtitle may be used for administrative costs.

SEC. 114. 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 each of 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, develop 
        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.--A 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 113(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 
115.

SEC. 115. 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.
            (b) Education and vocational training.
            (7) A substance-free correctional facility policy.

SEC. 116. 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, 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. 117. DEFINITIONS.

    In this subtitle:
            (1) Appropriate committees.--The term ``appropriate 
        committees'' means the Committees on the Judiciary and the 
        Committees on Appropriations of the House of Representatives 
        and the Senate.
            (2) Director.--The term ``Director'' means the Director of 
        the Bureau of Justice Assistance.
            (3) 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.
            (4) 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.

SEC. 118. 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 (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 116.

            Subtitle C--Drug-Free Schools Quality Assurance

SEC. 121. SHORT TITLE.

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

SEC. 122. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT.

    Subpart 3 of title IV of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7141 et seq.) is amended by adding at the end the 
following:

``SEC. 4134. QUALITY RATING.

    ``(a) In General.--The chief executive officer of each State, or in 
the case of a State in which the constitution or law of such State 
designates another individual, entity, or agency in the State to be 
responsible for education activities, such individual, entity, or 
agency, is authorized and encouraged--
            ``(1) to establish a standard of quality for drug, alcohol, 
        and tobacco prevention programs implemented in public 
        elementary schools and secondary schools in the State in 
        accordance with subsection (b); and
            ``(2) to identify and designate, upon application by a 
        public elementary school or secondary school, any such school 
        that achieves such standard as a quality program school.
    ``(b) Criteria.--The standard referred to in subsection (a) shall 
address, at a minimum--
            ``(1) a comparison of the rate of illegal use of drugs, 
        alcohol, and tobacco by students enrolled in the school for a 
        period of time to be determined by the chief executive officer 
        of the State;
            ``(2) the rate of suspensions or expulsions of students 
        enrolled in the school for drug, alcohol, or tobacco-related 
        offenses;
            ``(3) the effectiveness of the drug, alcohol, or tobacco 
        prevention program as proven by research;
            ``(4) the involvement of parents and community members in 
        the design of the drug, alcohol, and tobacco prevention 
        program; and
            ``(5) the extent of review of existing community drug, 
        alcohol, and tobacco prevention programs before implementation 
        of the public school program.
    ``(c) Request for Quality Program School Designation.--A school 
that wishes to receive a quality program school designation shall 
submit a request and documentation of compliance with this section to 
the chief executive officer of the State or the individual, entity, or 
agency described in subsection (a), as the case may be.
    ``(d) Public Notification.--Not less than once a year, the chief 
executive officer of each State or the individual, entity, or agency 
described in subsection (a), as the case may be, shall make available 
to the public a list of the names of each public school in the State 
that has received a quality program school designation in accordance 
with this section.''.

            TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY

     Subtitle A--Congressional Leader-ship in Community Coalitions

SEC. 201. SENSE OF CONGRESS.

    (a) Findings.--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 antidrug 
        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 antidrug 
        coalitions in their congressional districts or by activity 
        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 antidrug coalitions in their congressional districts or should 
actively support any such coalitions that have been established.

             Subtitle B--Rejection of Legalization of Drugs

SEC. 211. SENSE OF CONGRESS.

    (a) Findings.-- 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 
        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 (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) each State should make efforts to be a drug-free State.

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

SEC. 221. REPORT ON STREAMLINING FEDERAL PREVENTION AND TREATMENT 
              EFFORTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the effort 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 the Office of National 
        Drug Control Policy shall prepare and submit to the appropriate 
        committees 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 1 agency to another, and improving 
        coordinating mechanisms and authorities. The report shall also 
        include a thorough review of the activities and potential 
        consolidation of existing Federal drug information 
        clearinghouses.
            (2) Recommendation and explanatory statement.--The study 
        submitted under paragraph (1) shall identify options that are 
        determined by the Director to have merit, and an explanation 
        which options should be implemented.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Office of National Drug Control 
        Policy to carry out this subsection $1,000,000 for contracting, 
        policy research, and related costs.
    (c) Appropriate Committees 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>