[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1735 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1735

 To establish a grant program to enable local educational agencies to 
  develop and implement a random drug testing program for students in 
                          grades 7 through 12.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 1999

  Mr. Peterson of Pennsylvania (for himself and Mr. Barton of Texas) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To establish a grant program to enable local educational agencies to 
  develop and implement a random drug testing program for students in 
                          grades 7 through 12.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Parents to Fight Drugs 
Act of 1999''.

SEC. 2. GRANT AUTHORIZATION.

    (a) State Grants.--
            (1) In general.--The Secretary is authorized to provide 
        grants to specially qualified agencies and to State educational 
        agencies for use by local educational agencies in the State to 
        develop and implement a random drug testing program for 
        students in grades 7 through 12.
            (2) State application.--Any State educational agency 
        desiring to receive a grant under this Act for any fiscal year 
        shall submit an application to the Secretary at such time and 
        in such manner as the Secretary may require.
    (b) Local Subgrants.--
            (1) In general.--Each State educational agency that 
        receives a grant award under this Act shall award not less than 
        99.75 of such amount to provide subgrants to local educational 
        agencies.
            (2) Local application.--Each local educational agency 
        desiring to receive a grant under this Act for any fiscal year, 
        other than a specially qualified agency, shall submit an 
        application to the State at such time and in such manner as the 
        State may require.

SEC. 3. ALLOCATION.

    (a) In General.--
            (1) State allocation.--After reserving amounts for 
        administrative costs in accordance with subsection (b)(1), from 
        the total amount appropriated under section 7 in any fiscal 
        year, the Secretary shall allocate to each State educational 
        agency an amount that bears the same ratio to such total amount 
        as the number of students enrolled in grades 7 through 12 in 
        such State in the preceding fiscal year bears to the total 
        number of such students for all States for that fiscal year.
            (2) Local allocation.--After reserving amounts for 
        administrative costs in accordance with subsection (b)(2), of 
        the amount made available to the State under this Act in any 
        fiscal year, the State shall allocate to each local educational 
        agency an amount that bears the same ratio to such remaining 
        amount as the number of students enrolled in grades 7 through 
        12 in such agency bears to the total number of such students in 
        all local educational agencies in the State for that fiscal 
        year.
    (b) Administrative Costs .--
            (1) Secretary.--The Secretary may reserve the lesser of 
        $200,000 or 0.10 percent of the total amount appropriated to 
        carry out this Act in each fiscal year for the costs of 
        administration.
            (2) State educational agencies.--Each State educational 
        agency may reserve not more than 0.25 percent of any grant 
        funds received under this Act in each fiscal year for the costs 
        of administration.
            (3) Local educational agencies.--Each local educational 
        agency may reserve not more than 5 percent of any grant funds 
        received under this Act in each fiscal year for the costs of 
        administration.
    (c) Direct Grants to Specially Qualified Agencies.--
            (1) In general.--If a State does not qualify or apply for 
        funds reserved for allocation under subsection (a)(1) by the 
        application deadline established by the Secretary, any 
        specially qualified agency in such State desiring to receive a 
        grant under this Act shall apply to the Secretary to receive a 
        portion of the amount allocated to the State.
            (2) Award basis.--The Secretary may use the average amount 
        allocated by the States to local educational agencies under 
        subsection (a)(2) as a basis for awarding grants under this 
        subsection.
            (3) Reallocation.--Any funds remaining in a fiscal year 
        after the application of this subsection shall be redistributed 
        to States which have a received a grant award under this Act 
        for such fiscal year.

SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES.

    (a) In General.--Each local educational agency that receives a 
grant under this Act, other than a specially qualified agency, shall 
certify to the State educational agency and each specially qualified 
agency shall certify to the Secretary that--
            (1) funds received under this Act shall be used in 
        accordance with subsection (b);
            (2) the agency shall develop a plan to implement a random 
        drug testing program;
            (3) before implementation, any random drug testing plan or 
        subsequent amendment to such plan shall be considered a public 
        document and made available to the public for review, not later 
        than 30 days after such plan or amendment is available; and
            (4) the agency shall provide, either directly or through 
        private contributions, non-Federal matching funds equal to not 
        less than 50 percent of the amount of the grant to carry out 
        this Act.
    (b) Uses of Funds.--
            (1) Required uses of funds.--A local educational agency 
        that receives a grant under this Act shall, either directly or 
        through contract with outside sources, provide for a random 
drug test of each student in grades 7 through 12 not less than once 
each year. Such test shall, at a minimum, include a drug screening for 
marijuana, amphetamines, phencyclidine (PCP), opiates, and cocaine.
            (2) Optional uses of funds.--After a local educational 
        agency has complied with the requirements of paragraph (1), the 
        agency may use any remaining funds available for the following:
                    (A) Law enforcement assistance.--To contract with 
                local law enforcement agencies to assist in drug 
                detection in schools, including the use of drug 
                sniffing dogs.
                    (B) Additional tests.--To test students more than 
                once during a school year.

SEC. 5. GENERAL REQUIREMENTS.

    (a) Reporting of Test Results.--Each local educational agency that 
receives funds under this Act shall inform parents in detail about the 
random testing program and ensure that--
            (1) at the beginning of each school year, parents are 
        notified of their right to withdraw their child from 
        participation in the random drug testing program; and
            (2) parents receive, on a timely basis, the positive 
        results of any drug test of a child who participates in the 
        program.
    (b) Confidentiality.--Each local educational agency shall develop 
and enforce standards designed to protect the confidentiality of all 
student drug test results.
    (c) Medical Review Officer.--
            (1) In general.--Each local educational agency that 
        receives a grant under this Act shall provide, either directly 
        or through contract, for a medical review officer.
            (2) Duties.--Each medical review officer shall be 
        designated to receive all student drug test results.
                    (A) First positive result.--In the case of the 
                first positive test result of a student, the medical 
                review officer shall be responsible to inform only 
                parents of the results by making every attempt feasible 
                to meet with the parents of such student and inform the 
                parents of the results and resources and services of 
                rehabilitation and education available in the 
                community.
                    (B) Consecutive positive results.--In the case of a 
                student who has 2 or more consecutive positive test 
                results, the medical review officer shall be 
                responsible to inform parents and school officials who 
                may determine the appropriate action for the student 
                based on school policy.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``medical review officer'' means a licensed 
        physician (medical doctor or doctor of osteopathy) responsible 
        for receiving laboratory results generated by a local 
        educational agency's random drug testing program who has 
        knowledge of substance abuse disorders and has appropriate 
        medical training to interpret and evaluate a student's 
        confirmed positive test result together with the student's 
        medical history and any other relevant biomedical information;
            (2) the term ``parent'' includes a legal guardian or other 
        person standing in loco parentis;
            (3) the term ``Secretary'' means the Secretary of 
        Education;
            (4) the term ``specially qualified agency'' means a local 
        educational agency, located in a State that did not receive a 
        grant under this Act in a fiscal year, that applies directly to 
        the Secretary for a grant in accordance with section 3(c) for 
        such year; and
            (5) the term ``State'' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, and Guam.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act for each of fiscal years 2000 through 
2004.
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