[House Report 105-721]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-721
_______________________________________________________________________


 
PROVIDING FOR CONSIDERATION OF H.R. 4550, THE DRUG DEMAND REDUCTION ACT 
                                OF 1998

                                _______
                                

 September 15, 1998.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


   Mr. McInnis, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 538]

    The Committee on Rules, having had under consideration 
House Resolution 538, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for consideration of H.R. 4550, the 
``Drug Demand Reduction Act of 1998'' under a modified open 
rule. The rule provides one hour of general debate equally 
divided between Representative Hastert or a designee and a 
Member opposed to the bill.
    The rule provides a three hour time limit on the amendment 
process. The rule further provides, prior to the consideration 
of any other amendment, for the consideration of the amendment 
printed in this report, if offered by the Member designated, 
which shall not be subject to a demand for a division or to 
amendment and shall be debatable for the time specified in this 
report equally divided and controlled by a proponent and an 
opponent. Finally, the rule provides that, should that 
amendment be adopted, the bill, as amended, be considered as 
original text for the purpose of further amendment.
    The rule provides that the chairman of the Committee of the 
Whole may accord priority in recognition to Members who pre-
print their amendments in the Congressional Record. The rule 
also allows the Chairman of the Committee to the Whole to 
postpone recorded votes on amendments and reduce to five 
minutes the minimum time for electronic voting on any postponed 
votes, provided voting time on the first in a series of 
questions is not less than 15 minutes. Finally, the rule 
provides one motion to recommit with or without instructions.

           summary of amendment made in order under the rule

    Representative Hastert or a designee--10 mins.: Makes a 
series of changes to the underlying bill. 1. Inserts a word 
inadvertently left out in drafting. Provides that program. 2. 
Clarifies and resolves the ambiguity in the model program for 
drug free teenage drivers established by the bill (Sec. 122) 
making it clear that the bill does not place a mandate on the 
States. Clarifies language in the incentive grant provision 
(Sec. 123) to adequately cover States that do not require auto 
insurance by providing for parental notification, rather than 
notice to the insurer. Finally, the amendment provides an 
explicit authorization of appropriations. (Requested by the 
Transportation Committee). 3. Replaces the provisions in the 
bill providing for market incentives to pharmaceutical 
manufacturers with a provision directing that the Secretary of 
HHS conduct a study to determine the need for establishing 
particularized incentives for anti-addiction medication. 
(Requested by the Commerce Committee). 4. Corrects the omission 
in the original bill of a number to serve as a quorum for the 
Commission on the Role of Medical Education in Reducing 
Substance Abuse and sets the number at 6.

An Amendment To Be Offered by Representative Hastert of Illinois, or a 
                   Designee, Debatable for 10 Minutes

    Page 10, line 9, insert ``treatment,'' after ``referral,''.
    Page 11, strike line 6 and all that follows through page 
14, line 2, and insert the following:

                   Subtitle C--Drug-Free Teen Drivers

SEC. 121. SHORT TITLE.

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

SEC. 122. MODEL PROGRAM.

  (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall 
establish a model program to provide for the voluntary drug 
testing of all teenage applicants for a driver's license and, 
if a State adopting the model program elects, other first time 
applicants for a driver's license regardless of age.
  (b) Minimum Elements.--The model program established under 
this section shall provide, at a minimum--
          (1) that information respecting an applicant's choice 
        not to take a drug test under the program or the result 
        of a drug test on the applicant will be made available 
        to the applicant's automobile insurance company, if 
        any, or the parent of a teenage applicant, or both, as 
        determined by a State that adopts the program; and
          (2) if an applicant tests positive in the drug test, 
        the State will not issue a license to the applicant and 
        will require the applicant to complete a drug treatment 
        program approved by the State and not test positive in 
        a drug test before reapplying for a license.
  (c) Adoption by States.--The States may adopt and implement 
the model program established under this section. If a State 
adopts the model program, the State shall in carrying out 
subsection (b)(2) provide the treatment described in such 
subsection to low-income individuals who apply for drivers' 
licenses.

SEC. 123. INCENTIVE GRANT PROGRAM.

  (a) In General.--The Secretary of Transportation shall 
establish an incentive grant program to assist 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 meet each of the following 
requirements:
          (1) Enact, actively enforce, and publicize a law that 
        makes unlawful throughout the State the operation of a 
        motor vehicle if the driver has any measurable amount 
        of an illegal controlled substance in the driver's 
        body. Individuals who are convicted of a violation of 
        such law shall be referred to appropriate services, 
        including intervention, counseling, and treatment.
          (2) Enact, actively enforce, and publicize a law that 
        makes unlawful throughout the State the operation of a 
        motor vehicle if the ability of the driver to operate 
        the vehicle is impaired by an illegal controlled 
        substance. The State shall provide that in the 
        enforcement of such law the driver shall be tested for 
        the presence of an illegal controlled substance when 
        there is evidence of impaired driving. Individuals who 
        are convicted of a violation of such law shall have 
        their driver's license suspended and shall be referred 
        to appropriate services, including intervention, 
        counseling, and treatment.
          (3) Enact, actively enforce, and publicize a law that 
        requires the suspension of the driver's license ofan 
individual who is convicted of any criminal offense relating to drugs.
          (4) Enact a law that provides that individuals 
        applying for, and individuals 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 use a grant under subsection (a) only 
to implement, enforce, and publicize laws described in 
subsection (b).
  (d) Grant Amounts.--The amount of a grant made to a State 
under this section in a fiscal year shall be determined by 
multiplying the total amount of funds made available to carry 
out this section for such fiscal year by the ratio of the 
amount of funds made available to the State under section 402 
of title 23, United States Code, for such fiscal year to the 
aggregate amount of funds made available to carry out such 
section 402 for such fiscal year to all States to which grants 
will be made under this section in such fiscal year.
  (e) Definitions.--In this section, the following definitions 
apply:
          (1) Controlled substances.--The term ``controlled 
        substances'' has the meaning given such term in section 
        102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
          (2) Illegal controlled substance.--The term ``illegal 
        controlled substance'' means a controlled substance for 
        which an individual does not have a legal written 
        prescription.

SEC. 124. TECHNICAL ASSISTANCE.

  The Secretary of Transportation shall provide to the States 
technical assistance for--
          (1) training law enforcement officers in the 
        standardized field sobriety testing techniques to 
        detect impaired drivers;
          (2) expanding drug information and training by 
        involving prosecutors in community drugged driving 
        prevention programs; and
          (3) promoting uniform sanctions for drugged driving 
        offenses, referring drugged driving offenders to 
        assessment and treatment programs, and involving judges 
        in community drugged driving prevention programs.

SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated such sums as may be 
necessary to carry out this subtitle for fiscal years 1999 and 
2000.
  Page 30, strike line 19 and all that follows through page 36, 
line 15, and insert the following:

SEC. 203. REPORT REGARDING INCENTIVES FOR DEVELOPMENT OF ANTIADDICTION 
                    DRUGS.

  (a) In General.--The Secretary of Health and Human Services 
(in this section referred to as the ``Secretary''), in 
collaboration with the officials specified in subsection (b), 
shall conduct a study for the purpose of determining whether 
there is a need to establish particularized incentives for the 
development of drugs to treat dependence on alcohol or on any 
controlled substance as defined in section 102 of the 
Controlled Substances Act (referred to in this section as 
``qualifying antiaddiction drugs'').
  (b) Collaboration Among Agencies.--For purposes of subsection 
(a), the officials specified in this subsection are as follows:
          (1) The Commissioner of Food and Drugs.
          (2) The Director of the National Institute on Alcohol 
        Abuse and Alcoholism.
          (3) The Director of the National Institute on Drug 
        Abuse.
          (4) The Director of the National Institute of Mental 
        Health.
          (5) The Administrator of the Substance Abuse and 
        Mental Health Services Administration.
  (c) Certain Elements of Study.--If in conducting the study 
under subsection (a) the Secretary determines that there is a 
need to establish particularized incentives for the development 
of qualifying antiaddiction drugs, the Secretary shall 
determine whether the incentives should include one or both of 
the following:
          (1) Providing for increased cooperation among the 
        agencies referred to in subsection (b) in order to 
        facilitate the development and approval of such drugs.
          (2) Establishing under the Federal Food, Drug, and 
        Cosmetic Act particularized financial incentives for 
        the development of such drugs.
  (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall complete the study 
required in subsection (a) and submit to the Committee on 
Commerce of the House of Representatives, and to the Committee 
on Labor and Human Resources of the Senate, a report describing 
the findings made in the study.
  Page 40, line 24, strike ``the presence'' and all that 
follows through line 25 and insert ``the presence of six of the 
members appointed under subsection (c)(2).''.

                                
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