[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[Senate]
[Pages S12722-S12725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.

                          ____________________