[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[Senate]
[Pages S12720-S12725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CAMPBELL:
  S. 2641. A bill to prevent Federal agencies from pursuing policies of 
unjustifiable nonacquiescence in relitigation of precedents established 
in the Federal judicial courts; to the Committee on the Judiciary.


                   THE FEDERAL AGENCY COMPLIANCE ACT

  Mr. CAMPBELL. Mr. President, today I introduce the Federal Agency

[[Page S12721]]

Compliance Act. This legislation is the redraft of prior legislation 
that I introduced, S. 1166, the Federal Agency Compliance Act, which 
was the subject of a hearing on June 15, 1998 before the Senate 
Judiciary Subcommittee on Administrative Oversight and the Courts, 
chaired by Senator Grassley.
  At the June 15 hearing, Lynn Conforti from Denver, CO, testified on 
behalf of the thousands of Social Security disability claimants, who 
are denied their claims not on the basis of Federal circuit court 
opinions but on the basis of agency policy that is contrary to Federal 
law. In November 1996, Ms. Conforti was forced to quit work because of 
severe pain due to failed surgery on her back to correct corvature of 
the spine, scoliosis. Until that time. Ms. Conforti had been employed 
her entire life since she was 19 years old and paid her FICA taxes into 
the Social Security Disability Program for 27 years. At the hearing, 
she described her 32-month struggle with the Social Security 
Administration that had twice denied her benefits, because they did not 
give due weight to the medical opinion of her treating physicians or 
the severity of her pain, contrary to Federal court decisions. Ms. 
Conforti described her physical ordeal, having two back surgeries, 
removing 10 discs, two sets of surgical rods and screws, 38 days in the 
hospital, 334 physical therapy visits, 128 physician visits, and 16 
months of chronic pain. Despite her disability, Ms. Conforti hopes to 
be able to return to work in the future, but she needs the disability 
resources to continue rehabilitation efforts.
  Finally, in July 1998, Ms. Conforti was awarded her disability 
benefits by an administrative law judge (ALJ) in an on-the-record 
determination. The ALJ, unlike lower level decisionmakers at SSA, was 
able to apply Federal court decisions to her case. For this reason, the 
bill I am introducing today contains a provision included in a similar 
bill, H.R. 1544, that states that agency employees and ALJ's shall 
adhere to court of appeals precedent within the circuit, insuring that 
Ms. Conforti and thousands of other claimants will no longer be victims 
of agency intracircuit nonacquiescence with the passage of this 
legislation.
  I want to thank my colleagues, Senator Sessions and Senator Durbin, 
for their support for this important legislation and for their 
assistance in revising the legislation that I introduce today. Through 
the effort of Senator Sessions, the bill clarifies that adherence by 
agencies to court of appeals precedent shall be in civil cases and 
there is no prohibition on an agency relitigating a matter in more than 
three circuits if such relitigation is necessary. Also, Senator Durbin 
clarified that certain agencies, such as the National Labor Relations 
Board [NLRB], are not bound by adherence to court of appeals precedent 
when it is not certain that the court of appeals that established the 
NLRB precedent has exclusive jurisdiction over the matter or by another 
circuit. Again, I want to thank my colleagues for these clariications 
and for their support of the bill I introduce today.
  Intracircuit agency nonacquiescence to appellate precedent is not 
limited to the Social Security Administration, which was described at 
our hearing, but has been a long-term problem with all agencies and one 
that the Congress has struggled with since the early 1980's. Finally, 
we have a consensus on legislation that will solve this problem and 
return us to the rule of law that we expect and that citizens deserve. 
I ask my colleagues to support this legislation to ensure Federal 
agencies follow the law.
  Mr. President, I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2641

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

     SECTION 1. PROHIBITING INTRACIRCUIT AGENCY NON-ACQUIESCENCE 
                   IN APPELLATE PRECEDENT.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Agency Compliance Act''.
       (b) In General.--Chapter 7 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 707. Adherence to court of appeals precedent

       ``(a) Except as provided in subsection (b), an agency (as 
     defined in section 701(b)(1) of this title) shall in civil 
     cases, in administering a statute, rule, regulation, program, 
     or policy within a judicial circuit, adhere to the existing 
     precedent respecting the interpretation and application of 
     such statute, rule, regulation, program, or policy, as 
     established by the decisions of the United States court of 
     appeals for that circuit. All officers and employees of an 
     agency, including administrative law judges, shall adhere to 
     such precedent.
       ``(b) An agency is not precluded under subsection (a) from 
     taking a position, either in administrative or litigation, 
     that is at variance with precedent established by a United 
     States court of appeals if--
       ``(1) it is not certain whether the administration of the 
     statute, rule, regulation, program, or policy will be subject 
     to review exclusively by the court of appeals that 
     established that precedent or a court of appeals for another 
     circuit;
       ``(2) the Government did not seek further review of the 
     case in which that precedent was first established, in that 
     court of appeals or the United States Supreme Court, 
     because--
       ``(A) neither the United States nor any agency or officer 
     thereof was a party to the case; or
       ``(B) the decision establishing that precedent was 
     otherwise substantially favorable to the Government; or
       ``(3) it is reasonable to question the continued validity 
     of that precedent in light of a subsequent decision of that 
     court of appeals or the United States Supreme Court, a 
     subsequent change in any pertinent statute or regulation, or 
     any other subsequent change in the public policy or 
     circumstances on which that precedent was based.''.
       (c) Clerical Amendment.--The table of sections for chapter 
     7 of title 5, United States Code, is amended by adding at the 
     end the following new item:

``707. Adherence to court of appeals precedent.''.
                                 ______
                                 
      By Mr. THOMAS:
  S. 2645. A bill to create an official parliamentary station in the 
United States fully to participate in the Global Legal Information 
Network; to the Committee on Rules and Administration.


       global legal information network participation act of 1998

  Mr. THOMAS. Mr. President, as the world is catapulted into the 
electronic information age, the United States has a rare opportunity 
not only to participate in a truly international legal database but 
also to sustain a leadership role in setting the highest standard for 
the creation and maintenance of such a database. It is also a 
fortuitous moment for the Congress to encourage and support an effort 
that will inure to the direct benefit of the Congress in its 
legislative functions by having access to foreign laws 
contemporaneously with or shortly after publication in the country of 
origin. This effort, conceived and developed by our own Law Library of 
Congress, is the Global Legal Information Network, popularly referred 
to as ``GLIN.''
  GLIN is an international, cooperative, non-commercial database of 
legal information contributed to by governments of member nations in 
Africa, Asia, Europe, and the Americas. As a mission-driven project, 
GLIN was developed by the Law Library as a way to organize and gain 
access to legal information so that the Law Library could respond to 
requests from Congress in a timely, efficient manner since the Law 
Library is responsible for doing research and analysis on the laws of 
other nations, comparative law, and international law. This continues 
to be the goal of the Law Library's participation in GLIN.
  The database comprises abstracts of legal material, full texts of 
laws and regulations, and a legal thesaurus. The GLIN database is 
structured so that the full range of legal material including 
constitutions, laws and regulations, judicial decisions, parliamentary 
debates, scholarly writings, and legal miscellanea can be added to the 
database over time as countries are able to make these contributions.
  Since 1995, GLIN has become a truly ``global'' legal information 
network and the Law Library has trained technical and legal teams from 
numerous countries plus a team from the United Nations. These countries 
are at various stages of compliance with the GLIN standards for 
organizational, technical, and telecommunications capabilities.
  GLIN is the centerpiece of the Law Library's transition from a paper-
based library to one that effectively exploits the advantages of 
electronic sources of information. The amount of time and resources 
needed to acquire, process, and store foreign legal material make

[[Page S12722]]

GLIN a top priority for the Law Library, and as the United States 
station for the network it has also undertaken the task of putting 
United States law into the database using the same high standards 
demanded of other nations. To date, the Law Library has not received 
appropriated funds for work on GLIN.
  What other Parliaments around the world are doing concerning many of 
the issues we face is vital for our legislative functions. A 1886 
treaty, still in force today, recognized the important need for the 
exchange of official journals, parliamentary annals, and documents. 
Congress needs access to the most reliable, current legal information 
available. GLIN can provide this information, but only if it is 
developed and maintained properly. With limited resources, and using 
the only technology and technological support available from an already 
strapped technology support staff in the Library of Congress which is 
consumed by other Library programs, participation by the Law Library in 
GLIN is at a critical point. The system now requires urgent updating 
and upgrading to enhance the performance of the Network and to attract 
additional countries, particularly those that are of interest to 
Congress. To best serve Congress, it is essential that the Law Library 
retain a leadership role technologically and content-wise. To 
facilitate such participation, the Law Library needs a special 
appropriation to bolster its staff and technological infrastructure on 
its own without being dependent or in competition with other Library of 
Congress programs.
  Besides affording the Law Library the ability to bolster resources to 
meet this important growing initiative, this special appropriation will 
permit the Law Library through development and training to fulfill its 
natural role as the largest law library in the world to set the highest 
of standards for the form and content of legal information to be 
exchanged between nations to ensure that such material is accurate and 
complete, and thereby totally reliable. It also fosters 
interparliamentary cooperation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2645

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

     SECTION 1. SHORT TITLE.

       The Act may cited as the ``Global Legal Information Network 
     Participation Act of 1998.''

     SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATIONS OF PURPOSE.

       The Congress makes the following findings and declarations:
       (1) It is the policy of the United States to promote the 
     reasonable, timely and authentic exchange of official legal 
     information between parliaments of nations of the world as 
     originally expressed in the 1886 Convention for the Immediate 
     Exchange of the Official Journals, Parliamentary Annals, and 
     Documents:
       (2) participation by the United States in an international, 
     cooperative, noncommercial legal database contributed to by 
     governments of member nations, the ``Global Legal Information 
     Network'' (GLIN), which would be available over the Internet, 
     contributes to the promotion of security and international 
     understanding through the exchange of legal information and 
     promotes the rule of law, and therefore is in the interests 
     of the United States;
       (3) the timely and accurate availability of laws and 
     regulations of the United States and other legislatures 
     around the world is of the utmost importance to the Congress, 
     both in its own work as well as in the interests of 
     developing and nurturing interparliamentary cooperation; and
       (4) the centralization of the function and control of 
     participation by the United States in such an international 
     legal database will assist in establishing uniformity for the 
     electronic exchange and retrieval of legal information.

     SEC. 3. THE UNITED STATES GLIN STATION.

       In order to carry out the purposes of this Act,
       (a) the United States station for the Global Legal 
     Information Network shall be the Law Library of Congress in 
     the Library of Congress;
       (b) The Director of the United States GLIN station shall be 
     the Law Librarian of Congress.
                                 ______
                                 
      By Mr. McCAIN:
  S. 2646. A bill to authorize the Disabled Veterans' LIFE Memorial 
Foundation to establish a memorial in the District of Columbia or its 
environs, and for other purposes; to the Committee on Energy and 
Natural Resources.


      to authorize a disabled veterans memorial in washington, dc

  Mr. McCAIN. Mr. President, I rise to offer legislation to authorize 
the Disabled Veterans' LIFE Memorial Foundation to establish a memorial 
on Federal land in the District of Columbia to honor all disabled 
American veterans. This legislation is not controversial, costs 
nothing, and deserves immediate consideration and passage as the 105th 
Congress prepares to adjourn for the year.
  As a nation, we owe a debt of gratitude to all Americans who have 
worn their country's uniform in the defense of her core ideals and 
interests. We honor their service with holidays, like Veterans Day and 
Memorial Day, and with memorials, including the Vietnam Wall and the 
Iwo Jima Memorial. But nowhere in Washington can be found a material 
tribute to those veterans whose physical or psychological health was 
forever lost to a sniper's bullet, a landmine, a mortar round, or the 
pure terror of modern warfare.
  To these individuals we owe a measure of devotion not accorded those 
who served honorably but without permanent damage to limb or spirit. 
For these individuals, a memorial in Washington, DC, would stand as 
testament to the sum of their sacrifices, and as proof that the country 
they served values their contribution to its cause.
  We cannot restore the health of those Americans who incurred a 
disability as a result of their military service. It is within our 
power, however, to authorize a memorial that would clearly signal the 
nation's gratitude to all whose disabilities serve as a living reminder 
of the toll war takes on its victims.
  Under the terms of this legislation, the Disabled Veterans' LIFE 
Memorial Foundation would be solely responsible for raising the 
necessary funding. Our bill explicitly requires that no Federal funds 
be used to pay any expense for the memorial's establishment.
  I urge my colleagues to join me and Senators Cleland, Coverdell, and 
Kerrey in support of this legislation. America's disabled veterans, of 
whom Senator Cleland himself is one of our most distinguished, deserve 
a lasting tribute to their sacrifice. They honored us with their 
service; let us honor them with our support today.
  Mr. KERREY. Mr. President, I rise as a proud original cosponsor of 
legislation to establish a national Disabled Veterans Memorial here in 
Washington, DC.
  I am honored to join my fellow colleagues, veterans and friends 
Senators McCain and Cleland in establishing a memorial to the brave men 
and women who have served our Nation with honor and dignity, but have 
paid a grave price.
  I look forward to working with my colleagues in the Senate to 
establish and construct a memorial that is not only a tribute to our 
veterans, but will also serve the residents of the District as a place 
of civic and national pride.
  I will insist on an open and fair process as we move forward, and 
will be diligent in representing the best interests of the veterans, 
the District, the Nation, and the American people.
                                 ______
                                 
      By Mr. HATCH:
  S. 2647. 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; to the Committee on Labor and Human Resources.


                       drug demand reduction act

  Mr. HATCH. Mr. President, I rise today to introduce the ``Drug Demand 
Reduction Act,'' a bill that improves demand reduction efforts by 
focusing on the anti-drug media campaign, drug-free jails, and drug-
free schools. The bill also contains several congressional resolutions 
aimed at encouraging community involvement, rejecting efforts to 
legalize illegal drugs, and streamlining prevention and treatment 
programs.
  This legislation is supported by General Barry McCaffrey, Director of 
the Office of National Drug Control Policy. The original companion bill 
was introduced in the House of Representatives by Congressman Portman 
and Congressman Barrett on September 16, 1998, and passed with 
overwhelming bipartisan support, 396-9. I commend

[[Page S12723]]

them for their leadership and thank them for their efforts.
  As many of you know, I worked hand in hand with my colleagues in the 
House on this issue, I held hearings in the Senate Committee on the 
Judiciary concerning these issues, and more recently, I worked with the 
Leadership to include this bill into the legislative package of anti-
drug bills that is being incorporated into the Omnibus Appropriations 
bill for Fiscal 1999. This bill represents a substantial step toward 
reducing the rates of drug abuse in our country.
  According to the respected Monitoring the Future from 1991 to 1997, 
the lifetime use of marijuana--the gateway to harder drugs--has 
increased among school-age youth. The lifetime use of marijuana by 8th 
graders--that is those 8th graders who have ever used marijuana--
increased by 122% from 1991 to 1997. For 10th graders, marijuana use 
increased by 81% and for 12th graders, 35%.
  Cocaine use among our youth has also seen staggering increases. From 
1991 to 1997, the lifetime use of cocaine increased by 91% for 8th 
graders. The lifetime use of cocaine by 10th graders increased by 73% 
during the same time period. The number of 8th graders who have used 
cocaine within the past year increased by 154% from 1991 to 1997.
  Heroin use has also exploded since 1991. The reported lifetime use of 
heroin for both 8th and 10th graders increased by 75%. For 12th 
graders, heroin use increased by 133%. The number of 8th graders who 
have used heroin within the past year has increased by 86% from 1991 to 
1997. For 10th and 12th graders, heroin use increased by 180% and 120%, 
respectively.
  These figures are staggering when you consider that each percentage 
point represents thousands of teens who are much more likely to become 
bigger problems for society as they become adults.
  The drug abuse situation in our country is an issue about which I 
care deeply. In June of this year, the Judiciary Committee held a 
hearing on the growing national crisis of drug abuse among our 
children. I think it is clear from all the available information and 
from the testimony heard at the hearing that youth drug abuse is not 
stable, but is instead rising sharply. Several of the witnesses who 
testified described how accessible drugs were to our young people.
  For example, Chris who works as an undercover investigator in high 
schools in Dayton, Ohio, described to the Committee how easy it was to 
get drugs in today's high schools. ``Within the first investigation, I 
was approached within three weeks, by someone offering to sell to me. 
The second investigation, I was approached in a week-and-a-half by 
someone again wanting to sell to me. In high schools, you don't have to 
do a lot of seeking, you know. . . . Pretty much, they are going to 
come to you.''
  What is the reason behind this surge in teen drug consumption? I 
believe several things. First, there has been a decline in anti-drug 
messages from elected leaders--like President Clinton and similar 
messages in homes, schools, and--until recently with the airing of 
anti-drug messages developed for the Youth Media Campaign--the media. 
Second, the debate over the legalization of marijuana and the 
glorification of drugs in popular culture has caused confusion in our 
young people. Third, disapproval of drugs and perception of risk has 
declined among young people. The percent of 8th, 10th and 12th graders 
who ``disapproved'' or ``strongly disapproved'' of use of various drugs 
declined steadily from 1991 to 1995. In 1992, 92% of 8th graders, 90% 
of 10th graders, and 89% of 12th graders disapproved of people who 
smoked marijuana regularly. By 1996, however, those figures had dropped 
significantly.
  We must change tactics and find a way to do something to stop this 
epidemic from continuing and destroying the future of our children. 
This bill, which I expect will be enacted as part of the Omnibus 
Appropriation bill, will begin to address these problems and offer 
incentives to help schools, and communities to reinforce the message 
that drugs are dangerous. I urge all of my colleagues to support this 
bill. I ask consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2647

         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 evaluation 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 programing, 
     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

[[Page S12724]]

     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 made 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, 
     developed in consultation with representatives from all 
     components of the criminal justice system within the 
     jurisdiction, including judges, law enforcement personnel, 
     prosecutors, corrections personnel, probation personnel, 
     parole personnel, substance abuse treatment personnel, and 
     substance abuse prevention personnel.
       (2) Certification.--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.
       (6) 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

[[Page S12725]]

     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 Leadership 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 actively 
     supporting such coalitions that already exist.
       (b) Sense of Congress.--It is the sense of Congress that 
     the individual Members of the House of Representatives, 
     including the Delegates and the Resident Commissioner, should 
     establish community-based 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 with any other current social problem.
       (5) Efforts to legalize or otherwise legitimize drug use 
     present a message to the youth of the United States that drug 
     use is acceptable.
       (6) Article VI, clause 2 of the Constitution of the United 
     States states that ``[t]his Constitution, and the laws of the 
     United States which shall be made in pursuance thereof; and 
     all treaties made, or which shall be made, under the 
     authority of the United States, shall be the supreme law of 
     the land; and judges in every state shall be bound thereby, 
     any thing in the Constitution or laws of any state to the 
     contrary notwithstanding.''.
       (7) The courts of the United States have repeatedly found 
     that any State law that conflicts with a Federal law or 
     treaty is preempted by such law or treaty.
       (8) The Controlled Substances Act (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 efforts of the Federal Government to reduce the 
     demand for illegal drugs in the United States are frustrated 
     by the fragmentation of those efforts across multiple 
     departments and agencies; and
       (2) improvement of those efforts can best be achieved 
     through consolidation and coordination.
       (b) Report Requirement.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Director of 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.

                          ____________________