[Congressional Record Volume 144, Number 71 (Thursday, June 4, 1998)]
[Senate]
[Pages S5643-S5650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL TOBACCO POLICY AND YOUTH SMOKING REDUCTION ACT

                                 ______
                                 

                  LOTT (AND OTHERS) AMENDMENT NO. 2451

  Mr. LOTT (for himself, Mr. Coverdell, Mr. Craig, Mr. Abraham, Mr. 
Faircloth, Mr. Inhofe, Mr. Sessions, and Mr. Grassley) proposed an 
amendment to the bill (S. 1415) to reform and restructure the processes 
by which tobacco products are manufactured, marketed, and distributed, 
to prevent the use of tobacco products by minors, to redress the 
adverse health effects of tobacco use, and for other purposes; as 
follows:

       Strike all after the word ``subtitle'' and insert the 
     following:

                  TITLE ____--DRUG-FREE NEIGHBORHOODS

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Drug-Free Neighborhoods 
     Act''.

[[Page S5644]]

         Subtitle A--Stopping the Flow of Drugs at Our Borders

            CHAPTER 1--INCREASED RESOURCES FOR INTERDICTION

     SEC. ____11. 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 from the Trust Fund under 
     section 401, $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.
       (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 from the Trust Fund under 
     section 401, $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 from the Trust Fund 
     under section 401, $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.

                      CHAPTER 2--DRUG-FREE BORDERS

     SEC. ____15. SHORT TITLE.

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

     SEC. ____16. 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 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. ____17. 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. ____18. SANCTIONS FOR FAILURE TO LAND OR HEAVE TO, 
                   OBSTRUCTING A LAWFUL BOARDING, AND PROVIDING 
                   FALSE INFORMATION.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2237. Sanctions for failure to heave to; sanctions for 
       obstruction of boarding and providing false information

       ``(a) Failure to Heave To.--
       ``(1) In general.--It shall be unlawful for the master, 
     operator, or person in charge of a vessel of the United 
     States or a vessel subject to the jurisdiction of the United 
     States, to fail to obey an order to heave to that vessel on 
     being ordered to do so by an authorized Federal law 
     enforcement officer.
       ``(2) Obstruction.--It shall be unlawful for any person on 
     board a vessel of the United States or a vessel subject to 
     the jurisdiction of the United States knowingly or willfully 
     to--
       ``(A) fail to comply with an order of an authorized Federal 
     law enforcement officer in connection with the boarding of 
     the vessel;
       ``(B) impede or obstruct a boarding or arrest, or other law 
     enforcement action authorized by any Federal law; or
       ``(C) provide false information to a Federal law 
     enforcement officer during a boarding of a vessel regarding 
     the vessel's destination, origin, ownership, registration, 
     nationality, cargo, or crew.
       ``(3) Aircraft.--
       ``(A) In general.--It shall be unlawful for the pilot, 
     operator, or person in charge of an aircraft which has 
     crossed the border of the United States, or an aircraft 
     subject to the jurisdiction of the United States operating 
     outside the United States, to fail to obey an order to land 
     by an authorized Federal law enforcement officer who is 
     enforcing the laws of the United States relating to 
     controlled substances, as that term is defined in section 
     102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), 
     or relating to money laundering (sections 1956-57 of this 
     title).
       ``(B) Regulations.--The Administrator of the Federal 
     Aviation Administration, in consultation with the 
     Commissioner of Customs and the Attorney General, shall 
     prescribe regulations governing the means by, and 
     circumstances under which a Federal law enforcement officer 
     may communicate an order to land to a pilot, operator, or 
     person in charge of an aircraft. Such regulations shall 
     ensure that any such order is clearly communicated in 
     accordance with applicable international standards. Further, 
     such regulations shall establish guidelines based on observed 
     conduct, prior information, or other circumstances for 
     determining when an officer may use the authority granted 
     under subparagraph (A).
       ``(b) No Limitation of Existing Authority.--This section 
     does not limit in any way the preexisting authority of a 
     customs officer under section 581 of the Tariff Act of 1930 
     or any other provision of law enforced or administered by the 
     Customs Service, or the preexisting authority of any Federal 
     law enforcement officer under any law of the United States to 
     order an aircraft to land or a vessel to heave to.
       ``(c) Foreign Nations.--A foreign nation may consent or 
     waive objection to the enforcement of United States law by 
     the United States under this section by international 
     agreement or, on a case-by-case basis, by radio, telephone, 
     or similar oral or electronic means. Consent or waiver may be 
     proven by certification of the Secretary of State or the 
     Secretary's designee.
       ``(d) Definitions.--In this section:
       ``(1) Federal law enforcement officer.--The term `Federal 
     law enforcement officer' has the meaning set forth in section 
     115 of this title.
       ``(2) Heave to.--The term `heave to' means to cause a 
     vessel to slow or come to a stop to facilitate a law 
     enforcement boarding by adjusting the course and speed of the 
     vessel to account for the weather conditions and sea state.
       ``(3) Subject to the jurisdiction of the united states.--An 
     aircraft `subject to the jurisdiction of the United States' 
     includes--
       ``(A) an aircraft located over the United States or the 
     customs waters of the United States;
       ``(B) an aircraft located in the airspace of a foreign 
     nation, where that nation consents to the enforcement of 
     United States law by the United States; and
       ``(C) over the high seas, an aircraft without nationality, 
     an aircraft of United States registry, or an aircraft 
     registered in a foreign nation that has consented or waived 
     objection to the enforcement of United States law by the 
     United States.
       ``(4) Vessel.--The terms `vessel of the United States' and 
     `vessel subject to the jurisdiction of the United States' 
     have the meanings set forth for these terms, respectively, in 
     the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903).
       ``(5) Without nationality.--An aircraft `without 
     nationality' includes--
       ``(A) an aircraft aboard which the pilot, operator, or 
     person in charge makes a claim of registry, which claim is 
     denied by the nation whose registry is claimed; and
       ``(B) an aircraft aboard which the pilot, operator, or 
     person in charge fails, upon request of an officer of the 
     United States empowered to enforce applicable provisions of 
     United States law, to make a claim of registry for that 
     aircraft.
       ``(e) Fines or Imprisonment.--Whoever intentionally 
     violates this section shall be fined under this title or 
     imprisoned for not more than 5 years, or both.
       ``(f) Seizure and Forfeiture.--A aircraft or vessel that is 
     used in violation of this section may be seized and forfeited 
     to the United States. The laws relating to the seizure, 
     summary and judicial forfeiture, and condemnation of property 
     for violation of the customs laws, the disposition of such 
     property or the proceeds from the sale thereof, the remission 
     or mitigation of such forfeitures, and the compromise of 
     claims, shall apply to seizures and forfeitures undertaken, 
     or alleged to have been undertaken, under any of the 
     provisions of this section; except that such duties as are 
     imposed upon the customs officer or any other person with 
     respect to the seizure and forfeiture of property under the 
     customs laws shall be performed with respect to seizures and 
     forfeitures of property under this section by such officers, 
     agents, or other persons as may be authorized or designated 
     for that purpose. An aircraft or vessel that is used in 
     violation of this section is also liable in rem for any fine 
     imposed under this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 109 of

[[Page S5645]]

     title 18, United States Code, is amended by adding at the end 
     the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
              boarding or providing false information.''.

     SEC. ____19. 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. ____20. 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. ____21. 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. ____22. AUTHORIZATION FOR BORDER PATROL TO INTERDICT THE 
                   IMPORTATION OF NARCOTICS.

       The United States Border Patrol within the Department of 
     Justice shall have as one of its functions the prevention of 
     unlawful importation of narcotics into the United States and 
     confiscation of such narcotics. The Attorney General shall 
     ensure that this function is assigned a priority at least as 
     high as is assigned to the Border Patrol's function of 
     preventing the unlawful entry into the United States of 
     aliens.

     SEC. ____23. 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, bargaining agreement, or Executive order, beginning 
     October 1, 1998, 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.
       ``(3) Rule of construction.--The requirements of this 
     subsection, including any regulations established by the 
     Secretary to carry out this subsection, are not subject to 
     collective bargaining.
       ``(4) Availability of amounts.--Of the amounts made 
     available for fiscal years 1999 and 2000 under subparagraphs 
     (A) and (B) of section 301(b)(1) of the Customs Procedural 
     Reform and Simplification Act of 1978 (19 U.S.C. 
     2075(b)(1)(A) and (B)), $25,000,000 for each such fiscal year 
     shall be available to carry out this subsection.''.

     SEC. ____24. 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 determines that any collective bargaining 
     agreement with the recognized bargaining representative of 
     its employees has an adverse impact upon the interdiction of 
     contraband, including controlled substances, the parties 
     shall meet to eliminate the provision causing the adverse 
     impact from the agreement.
       ``(B) Failure to reach agreement.--If the parties do not 
     reach agreement within 90 days of the date of the Customs 
     Service determination of adverse impact, the negotiations 
     shall be considered at impasse and the Customs Service may 
     immediately implement its last offer. Such implementation 
     shall not result in an unfair labor practice or, except as 
     may be provided under the following sentence, the imposition 
     of any status quo ante remedy against the Customs Service. 
     Either party may then pursue the impasse to 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 exigent circumstances warrant such 
     immediate implementation, or if an impasse is reached in less 
     than 90 days.''.

    Subtitle B--Protecting Our Neighborhoods and Schools from Drugs

                   CHAPTER 1--DRUG-FREE TEEN DRIVERS

     SEC. ____25. SHORT TITLE.

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

     SEC. ____26. 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. ____27. 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. ____28. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated from amounts made 
     available from the Trust Fund under section 401, $10,000,000 
     for each of the fiscal years 1999 through 2003 to carry out 
     this chapter.

                      CHAPTER 2--DRUG-FREE SCHOOLS

     SEC. ____31. 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;

[[Page S5646]]

       (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.

             Subchapter A--Student Safety and Family Choice

     SEC. ____31A. STUDENT SAFETY AND FAMILY SCHOOL CHOICE.

       (a) In General.--Subpart 1 of part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.) is amended by inserting after section 1115A of 
     such Act (20 U.S.C. 6316) the following:

     ``SEC. 1115B. STUDENT SAFETY AND FAMILY SCHOOL CHOICE.

       ``(a) In General.--Notwithstanding any other provision of 
     law, if a student is eligible to be served under section 
     1115(b), or attends a school eligible for a schoolwide 
     program under section 1114, and becomes a victim of a violent 
     criminal offense, including drug-related violence, while in 
     or on the grounds of a public elementary school or secondary 
     school that the student attends and that receives assistance 
     under this part, then the local educational agency may use 
     funds provided under this part or under any other Federal 
     education program to pay the supplementary costs for such 
     student to attend another school. The agency may use the 
     funds to pay for the supplementary costs of such student to 
     attend any other public or private elementary school or 
     secondary school, including a religious school, in the same 
     State as the school where the criminal offense occurred, that 
     is selected by the student's parent. The State educational 
     agency shall determine what actions constitute a violent 
     criminal offense for purposes of this section.
       ``(b) Supplementary Costs.--The supplementary costs 
     referred to in subsection (a) shall not exceed--
       ``(1) in the case of a student for whom funds under this 
     section are used to enable the student to attend a public 
     elementary school or secondary school served by a local 
     educational agency that also serves the school where the 
     violent criminal offense occurred, the costs of supplementary 
     educational services and activities described in section 
     1114(b) or 1115(c) that are provided to the student;
       ``(2) in the case of a student for whom funds under this 
     section are used to enable the student to attend a public 
     elementary school or secondary school served by a local 
     educational agency that does not serve the school where the 
     violent criminal offense occurred but is located in the same 
     State--
       ``(A) the costs of supplementary educational services and 
     activities described in section 1114(b) or 1115(c) that are 
     provided to the student; and
       ``(B) the reasonable costs of transportation for the 
     student to attend the school selected by the student's 
     parent; and
       ``(3) in the case of a student for whom funds under this 
     section are used to enable the student to attend a private 
     elementary school or secondary school, including a religious 
     school, the costs of tuition, required fees, and the 
     reasonable costs of such transportation.
       ``(c) Construction.--Nothing in this Act or any other 
     Federal law shall be construed to prevent a parent assisted 
     under this section from selecting the public or private, 
     including religious, elementary school or secondary school 
     that a child of the parent will attend within the State.
       ``(d) Consideration of Assistance.--Subject to subsection 
     (h), assistance made available under this section that is 
     used to pay the costs for a student to attend a private or 
     religious school shall not be considered to be Federal aid to 
     the school, and the Federal Government shall have no 
     authority to influence or regulate the operations of a 
     private or religious school as a result of assistance 
     received under this section.
       ``(e) Continuing Eligibility.--A student assisted under 
     this section shall remain eligible to continue receiving 
     assistance under this section for at least 3 academic years 
     without regard to whether the student is eligible for 
     assistance under section 1114 or 1115(b).
       ``(f) Tuition Charges.--Assistance under this section may 
     not be used to pay tuition or required fees at a private 
     elementary school or secondary school in an amount that is 
     greater than the tuition and required fees paid by students 
     not assisted under this section at such school.
       ``(g) Special Rule.--Any school receiving assistance 
     provided under this section shall comply with title VI of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not 
     discriminate on the basis of race, color, or national origin.
       ``(h) Assistance; Taxes and Other Federal Programs.--
       ``(1) Assistance to families, not schools.--Assistance 
     provided under this section shall be considered to be aid to 
     families, not schools. Use of such assistance at a school 
     shall not be construed to be Federal financial aid or 
     assistance to that school.
       ``(2) Taxes and determinations of eligibility for other 
     federal programs.--Assistance provided under this section to 
     a student shall not be considered to be income of the student 
     or the parent of such student for Federal, State, or local 
     tax purposes or for determining eligibility for any other 
     Federal program.
       ``(i) Part B of the Individuals With Disabilities Education 
     Act.--Nothing in this section shall be construed to affect 
     the requirements of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.).
       ``(j) Maximum Amount.--Notwithstanding any other provision 
     of this section, the amount of assistance provided under this 
     part for a student shall not exceed the per pupil expenditure 
     for elementary or secondary education, as appropriate, by the 
     local educational agency that serves the school where the 
     criminal offense occurred for the fiscal year preceding the 
     fiscal year for which the determination is made.''.

     SEC. ____31B. TRANSFER OF REVENUES.

       (a) In General.--Notwithstanding any other provision of 
     Federal law, a State, a State educational agency, or a local 
     educational agency may transfer any non-Federal public funds 
     associated with the education of a student who is a victim of 
     a violent criminal offense while in or on the grounds of a 
     public elementary school or secondary school served by a 
     local educational agency to another local educational agency 
     or to a private elementary school or secondary school, 
     including a religious school.
       (b) Definitions.--For the purpose of subsection (a), the 
     terms ``elementary school'', ``secondary school'', ``local 
     educational agency'', and ``State 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).

 Subchapter B--Victim and Witness Assistance Programs for Teachers and 
                                Students

     SEC. ____32. 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 from 
     the Trust Fund under section 401, 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.''.

   Subchapter C--Innovative Programs to Protect Teachers and Students

     SEC. ____35. DEFINITIONS.

       In this subchapter:
       (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. ____36. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated from the Trust Fund 
     under section 401 such sums as may be necessary to carry out 
     this subchapter.

     SEC. ____37. 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--

[[Page S5647]]

       (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. ____38. APPLICATION.

       (a) In General.--Each State, State educational agency, or 
     local educational agency desiring a grant under this 
     subchapter 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. ____39. 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''.

              Subchapter D--Parental Consent Drug Testing

     SEC. ____40. 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 or whose 
     parents do not consent to the drug testing 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 from the National Tobacco Settlement Trust 
     Fund, $10,000,000 for each of the fiscal years 1999 through 
     2003. Such sums shall remain available until expended.

                   CHAPTER 3--DRUG-FREE STUDENT LOANS

     SEC. ____41. 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 DrugRelated 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.

                    CHAPTER 4--DRUG-FREE WORKPLACES

     SEC. ____51. SHORT TITLE.

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

     SEC. ____52. 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 chapter 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. ____53. 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.

[[Page S5648]]

     SEC. ____54. 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 from the Trust Fund under section 401 of the 
     National Tobacco Policy and Youth Smoking Reduction Act to 
     carry out this section, $10,000,000 for fiscal year 1999. 
     Such sums shall remain available until expended.''.

     SEC. ____55. 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. ____56. 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.

                    CHAPTER 5--DRUG-FREE COMMUNITIES

     SEC. ____61. 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.''.

            CHAPTER 6--BANNING FREE NEEDLES FOR DRUG ADDICTS

     SEC. ____65. PROHIBITION ON USE OF FUNDS FOR HYPODERMIC 
                   NEEDLES.

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

                  Subtitle C--Defeating the Drug Mafia

           CHAPTER 1--INCREASED RESOURCES FOR LAW ENFORCEMENT

     SEC. ____71. 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 
     from the Trust Fund under section 401, $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.
       (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 
     from the Trust Fund under section 401, $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.

           CHAPTER 2--REGISTRATION OF CONVICTED DRUG DEALERS

     SEC. ____99B. 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

[[Page S5649]]

     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 appropriate form amounts made available from the Trust 
     Fund under section 401, $5,000,000 for each of the fiscal 
     years 1999 through 2003.

               Subtitle D--National Drug Control Strategy

     SEC. ____99C. 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 October 1, 1998, 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 abuse 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 October 1, 1998, the 
     Director shall submit to Congress a

[[Page S5650]]

     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. ____99D. REPORT BY PRESIDENT.

       Not later than October 1, 1998, 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.

                  Subtitle E--Miscellaneous Provisions

     SEC. ____99E. LIMITATIONS ON FUNDING.

       (b) In General.--Notwithstanding section 451(b), amounts in 
     the Public Health Account shall be available to the extent 
     and only in the amounts provided in advance in appropriations 
     Acts, to remain available until expended, only for the 
     purposes of--
       (1) carrying out smoking cessation activities under part D 
     of title XIX of the Public Health Service Act, as added by 
     title II of this Act;
       (2) carrying out activities under section 453;
       (3) carrying out--
       (A) counter-advertising activities under section 1982 of 
     the Public Health Service Act as amended by this Act;
       (B) smoking prevention activities under section 223;
       (C) surveys under section 1991C of the Public Health 
     Service Act, as added by this Act (but, in no fiscal year may 
     the amounts used to carry out such surveys be less than 10 
     percent of the amounts available under this subsection); and
       (D) international activities under section 1132;
       (4) carrying out--
       (A) Food and Drug Administration activities;
       (B) State retail licensing activities under section 251;
       (C) anti-Smuggling activities under section 1141; and
       (5) carrying out education and prevention relating to drugs 
     under this title.

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