105TH CONGRESS
2D SESSION
H. R. 4550
AN ACT
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.
Be it enacted by the Senate and House of Representa-
tives 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 Workplace Act
Sec. 111. Short title.
Sec. 112. Findings; purposes.
Sec. 113. Sense of the Congress.
Sec. 114. Drug-free workplace demonstration program.
Sec. 115. Small business development centers.
Sec. 116. Contract authority.
Subtitle C—Drug-Free Teen Drivers
Sec. 121. Short title.
Sec. 122. Model program.
Sec. 123. Incentive grant program.
Sec. 124. Technical assistance.
Sec. 125. Authorization of appropriations.
Subtitle D—Drug-Free Prisons and Jails
Sec. 131. Short title.
Sec. 132. Purpose.
Sec. 133. Program authorization.
Sec. 134. Grant application.
Sec. 135. Uses of funds.
Sec. 136. Evaluation and recommendation report to Congress.
Sec. 137. Definitions.
Sec. 138. Authorization of appropriations.
Subtitle E—Drug-Free Schools Quality Assurance
Sec. 151. Short title.
Sec. 152. Amendment to Safe and Drug-Free Schools and Communities Act.
Subtitle F—Drug-Free National Clearinghouse
Sec. 161. Short title.
Sec. 162. Establishment of clearinghouse; functions.
Sec. 163. Director.
Sec. 164. Cooperation by national drug control program agencies.
Subtitle G—Drug-Free Parents Empowerment
Sec. 171. Short title.
Sec. 172. Drug-free parents empowerment.
TITLE II—PRIVATE SECTOR ANTI-DRUG PARTNERSHIPS
Subtitle A—Antiaddiction Medications
Sec. 201. Short title.
Sec. 202. Facilitation of approval for commercial distribution of antiaddiction
drugs developed by National Institute of Drug Abuse.
Sec. 203. Report regarding incentives for development of antiaddiction drugs.
Subtitle B—Commission on Role of Medication Education in Reducing
Substance Abuse
Sec. 211. National Commission on the Role of Medical Education in Reducing
Substance Abuse.
TITLE III—STATEMENT OF NATIONAL ANTIDRUG POLICY
Subtitle A—Congressional Leadership in Community Coalitions
Sec. 301. Sense of the Congress.
Subtitle B—Rejection of Legalization of Drugs
Sec. 311. Sense of the Congress.
Subtitle C—Report on Streamlining Federal Prevention and Treatment
Efforts
Sec. 321. 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 Na-
tional Drug Control Policy (in this subtitle referred to as
the ‘‘Director’’) shall conduct a national media campaign
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 the funds ap-
propriated pursuant to the authorization in section 105
for media that focuses on, or includes specific information
on, prevention or treatment resources for consumers with-
in specific local areas.
SEC. 103. USE OF FUNDS.
(a) AUTHORIZED USES.—The funds authorized to be
appropriated in section 105 for the support of a national
media campaign may be used to fund—
(1) the purchase of media time and space;
(2) reimbursement of out of pocket advertising
production costs for agencies that provide all cre-
ative development on a pro bono basis;
(3) the negotiated fee for the contract buying
agency; and
(4) the evaluation of the effectiveness of the na-
tional media campaign.
(b) PROHIBITIONS.—None of the funds authorized to
be appropriated in section 105 may be obligated or ex-
pended for the following purposes:
(1) To supplant current anti-drug community
based coalitions.
(2) To supplant current pro bono public service
time donated by national and local broadcasting net-
works.
(3) For partisan political purposes.
(4) To fund media campaigns that feature any
elected officials, persons seeking elected office, cabi-
net 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 Ap-
propriations of the House of Representatives and the
Senate and the Committee on the Judiciary of the
Senate.
(c) MATCHING REQUIREMENT.—Funds appropriated
pursuant to the authorization in section 105 shall be
matched by an equal amount of non-Federal funds for the
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 a quarterly basis a
report on the activities for which funds appropriated
pursuant to the authorization in section 105 have
been obligated during the preceding quarter, and on
the specific parameters of the national media cam-
paign; and
(2) not later than one year after the date of the
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 are authorized to be appropriated for the Of-
fice of National Drug Control Policy to carry out this sub-
title $195,000,000 for each of fiscal years 1999 through
2002.
Subtitle B—Drug-Free Workplace
Act
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ‘‘Drug-Free Work-
place Act of 1998’’.
SEC. 112. 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 per-
cent 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 em-
ployees 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 per-
cent 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 subtitle 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 cre-
ate a drug-free workplace; and
(3) assist working parents in keeping their chil-
dren drug-free.
SEC. 113. SENSE OF THE CONGRESS.
It is the sense of the Congress that—
(1) businesses should adopt drug-free workplace
programs; and
(2) States should consider financial incentives,
such as reductions in workers’ compensation pre-
miums, to encourage businesses to adopt drug-free
workplace programs.
SEC. 114. DRUG-FREE WORKPLACE DEMONSTRATION PRO-
GRAM.
The Small Business Act (15 U.S.C. 636 et seq.) is
amended by—
(1) redesignating sections (30) and (31) as sec-
tions (31) and (32), respectively; and
(2) inserting the following new section:
‘‘SEC. 30. DRUG-FREE WORKPLACE DEMONSTRATION PRO-
GRAM.
‘‘(a) ESTABLISHMENT.—There is established a drug-
free workplace demonstration program, under which the
Administration may make grants to eligible intermediaries
for the purpose of providing financial and technical assist-
ance to small business concerns seeking to start a drug-
free workplace program.
‘‘(b) ELIGIBILITY FOR PARTICIPATION.—An inter-
mediary shall be eligible to receive a grant under sub-
section (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 com-
prehensive drug-free workplace programs or to sup-
ply 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 ef-
fect.
‘‘(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 state-
ment of expectations for workplace behavior, prohibi-
tions against substances in the workplace, and the
consequences of violating such expectations and pro-
hibitions;
‘‘(2) training for at least 60 minutes for em-
ployees and supervisors;
‘‘(3) additional training for supervisors and em-
ployees who are parents;
‘‘(4) employee drug testing by a drug testing
laboratory certified by the Substance Abuse and
Mental Health Services Administration, or the Col-
lege of American Pathologists, and each positive test
result shall be reviewed by a Licensed Medical Re-
view Officer; and
‘‘(5) employee access to an employee assistance
program, including assessment, referral, treatment,
and problem resolution.
‘‘(d) AUTHORIZATION.—There are authorized to be
appropriated to carry out the provisions of this section,
$10,000,000 for fiscal year 1999 and such sums may re-
main available until expended.
SEC. 115. 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’’;
(2) in subparagraph (S) by striking the period
and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (S) the fol-
lowing new subparagraph:
‘‘(T) providing information and assistance to
small business concerns with respect to developing
drug-free workplace programs.’’.
SEC. 116. CONTRACT AUTHORITY.
The Small Business Administrator may contract with
and compensate government and private agencies or per-
sons for services related to carrying out the provisions of
this subtitle.
Subtitle C—Drug-Free Teen
Drivers
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ‘‘Drug Free Teen-
age Drivers Act’’.
SEC. 122. MODEL PROGRAM.
(a) ESTABLISHMENT.—Not later than 1 year after
the date of enactment of this Act, the Secretary of Trans-
portation 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 re-
gardless of age.
(b) MINIMUM ELEMENTS.—The model program es-
tablished 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 insur-
ance company, if any, or the parent of a teenage ap-
plicant, 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 appli-
cant 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 treat-
ment described in such subsection to low-income individ-
uals 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.
an individual who is convicted of any criminal of-
fense relating to drugs.
(4) Enact a law that provides that individuals
applying for, and individuals renewing, a driver’s li-
cense will be provided information about the laws re-
ferred 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 de-
scribed in subsection (b).
(d) GRANT AMOUNTS.—The amount of a grant made
to a State under this section in a fiscal year shall be deter-
mined 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 fis-
cal year to all States to which grants will be made under
this section in such fiscal year.
(e) DEFINITIONS.—In this section, the following defi-
nitions 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 con-
trolled 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 de-
tect 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 involv-
ing 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.
Subtitle D—Drug-Free Prisons and
Jails
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ‘‘Drug-Free Prisons
and Jails Act of 1998’’.
SEC. 132. PURPOSE.
The purpose of this subtitle is to provide model pro-
grams 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 com-
prehensive evaluation.
SEC. 133. 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 re-
cipients selected in accordance with section 134(b);
and
(2) evaluating the success of programs con-
ducted 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 per-
cent of a grant award made pursuant to this subtitle may
be used for administrative costs.
SEC. 134. 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 the following:
(1) STRATEGY.—A strategy to coordinate pro-
grams 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, in-
cluding judges, law enforcement personnel, prosecu-
tors, corrections personnel, probation personnel, pa-
role personnel, substance abuse treatment personnel,
and substance abuse prevention personnel.
(2) CERTIFICATION.—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 ab-
sence of Federal funds, be made available for
law enforcement activities; and
(B) the programs developed pursuant to
this subtitle meet all requirements of this sub-
title.
(b) REVIEW
AND APPROVAL.—Subject to section
133(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 pur-
poses of this subtitle consistent with the provisions of sec-
tion 135.
SEC. 135. 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 follow-
ing—
(1) tailored treatment programs to meet the
special needs of different types of substance-involved
offenders;
(2) random and frequent drug testing, includ-
ing a system of sanctions;
(3) training and assistance for corrections offi-
cers and personnel to assist substance-involved of-
fenders 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 en-
courages recovery from substance involvement in
correctional facilities;
(6) education and vocational training; and
(7) a substance-free correctional facility policy.
SEC. 136. EVALUATION AND RECOMMENDATION REPORT
TO CONGRESS.
(a) EVALUATION.—
(1) IN GENERAL.—The Director shall enter into
a contract, with an evaluating agency that has dem-
onstrated experience in the evaluation of substance
abuse treatment, to conduct an evaluation that in-
corporates 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 mini-
mum criteria for evaluating each program. Such cri-
teria shall include—
(A) reducing substance abuse among par-
ticipants;
(B) reducing recidivism among partici-
pants;
(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 Administra-
tion and the Bureau of Justice Statistics of the
Office of Justice Programs.
(b) REPORT.—The Director shall submit to the ap-
propriate committees of Congress, at the same time as the
President’s budget for fiscal year 2001 is submitted, a re-
port 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 exten-
sion, expansion, application requirements, reduction,
and termination.
SEC. 137. DEFINITIONS.
For purposes of this subtitle:
(1) SUBSTANCE-INVOLVED
OFFENDER.—The
term ‘‘substance-involved offender’’ means an indi-
vidual 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 violat-
ing a drug or alcohol law;
(B) was under the influence of alcohol or
an illegal drug at the time the crime was com-
mitted;
(C) stole property to buy illegal drugs; or
(D) has a history of substance abuse and
addiction.
(2) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Bureau of Justice Assistance;
(3) 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 func-
tions as determined by the Secretary of the Interior
and any agency of the District of Columbia govern-
ment or the United States Government performing
law enforcement functions in and for the District of
Columbia, and the Trust Territory of the Pacific Is-
lands.
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEE.—The term ‘‘appropriate Congressional Com-
mittee’’ means the Committees on the Judiciary and
the Committees on Appropriations of the House of
Representatives and the Senate.
SEC. 138. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this subtitle from the Violent Crime
Reduction Trust Fund as authorized by title 31 of the Vio-
lent Crime and Control and Law Enforcement Act of 1994
(Public Law 103–322) (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 appro-
priated pursuant to subsection (a) for activities required
under section 136.
Subtitle E—Drug-Free Schools
Quality Assurance
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ‘‘Drug-Free Schools
Quality Assurance Act’’.
SEC. 152. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS
AND COMMUNITIES ACT.
Subpart 3 of title IV of the Elementary and Second-
ary Education Act of 1965 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 constitu-
tion or law of such State designates another individual,
entity, or agency in the State to be responsible for edu-
cation activities, such individual, entity, or agency shall—
‘‘(1) establish a standard of quality for drug
prevention programs implemented in public schools
in the States in accordance with subsection (b); and
‘‘(2) identify and designate, upon application by
a school, any public school that achieves such stand-
ard as a quality program school.
‘‘(b) CRITERIA.—The standard referred to in sub-
section (a) shall address, at a minimum—
‘‘(1) a comparison of the rate of illegal use of
alcohol, tobacco, and drugs 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 or alcohol
related offenses;
‘‘(3) the effectiveness of the program as proven
by research;
‘‘(4) the involvement of parents and community
members in the design of the drug prevention pro-
gram; and
‘‘(5) the extent of review of existing community
drug prevention programs before implementation of
a public school program.
‘‘(c) REQUEST FOR QUALITY PROGRAM DESIGNA-
TION.—A school that wishes to receive a quality program
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 each State or the indi-
vidual, 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 designation in accordance with
this section.’’.
Subtitle F—Drug-Free National
Clearinghouse
SEC. 161. SHORT TITLE.
This subtitle may be cited as the ‘‘Drug-Free Na-
tional Clearinghouse Act of 1998’’.
SEC. 162. ESTABLISHMENT OF CLEARINGHOUSE; FUNC-
TIONS.
(a) ESTABLISHMENT.—(1) There shall be established
in the Office of National Drug Control Policy an office
to be known as Drug-Free National Clearinghouse (in this
subtitle referred to as the ‘‘Clearinghouse’’).
(2) The Clearinghouse shall be established pursuant
to paragraph (1) not later than 90 days after the date
of the enactment of this Act.
(b) FUNCTIONS.—The functions of the Clearinghouse
shall be—
(1) to consolidate and assume the drug preven-
tion and drug treatment information clearinghouse
roles currently performed by National Drug Control
Program agencies (as that term is defined in section
1010(6) of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1507(6))); and
(2) to ensure that drug prevention and drug
treatment information is effectively disseminated by
such agencies to individuals, State and local govern-
ments, and nongovernmental entities involved in de-
mand reduction (as that term is defined in section
1010(4) of such Act (21 U.S.C. 1507(4))).
SEC. 163. DIRECTOR.
(a) APPOINTMENT.—There shall be at the head of the
Clearinghouse a director, who shall be appointed by the
Director of the Office of National Drug Control Policy in
consultation with the Director of the National Institute
on Drug Abuse.
(b) DUTIES.—The director of the Clearinghouse
shall—
(1) encourage consultation between any Na-
tional Drug Control Program agency that conducts
or sponsors research on drug prevention or drug
treatment, and any National Drug Control Program
agency that disseminates such information;
(2) encourage, as appropriate, National Drug
Control Program agencies to develop and implement
drug prevention and drug treatment information dis-
semination plans that specifically target individuals,
State and local governments, and nongovernmental
entities involved in demand reduction; and
(3) coordinate the dissemination of drug pre-
vention and drug treatment information by such
agencies to individuals, State and local governments,
and nongovernmental entities involved in demand re-
duction.
SEC. 164. COOPERATION BY NATIONAL DRUG CONTROL
PROGRAM AGENCIES.
Each National Drug Control Program agency shall
cooperate with the director of the Clearinghouse in carry-
ing out the provisions of this subtitle.
Subtitle G—Drug-Free Parents
Empowerment
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ‘‘Drug-Free Parents
Empowerment Act’’.
SEC. 172. DRUG-FREE PARENTS EMPOWERMENT.
(a) ESTABLISHMENT.—The Secretary of Health and
Human Services (in this section referred to as the ‘‘Sec-
retary’’) shall make grants to support the efforts of parent
organizations to develop and promote efforts to reduce ille-
gal drug use among children in their communities.
(b) REQUIREMENTS.—A parent organization may re-
ceive a grant under subsection (a) only if the following
conditions are met:
(1) The organization is a nonprofit organization
that is exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1986.
(2) The organization is governed primarily by
parents of children who reside in the community in-
volved.
(3) The organization has not less than five
years experience in training, informing, and involv-
ing parents in substance-abuse prevention activities
within such community.
(4) The application submitted pursuant to sub-
section (c) by the organization includes a strategy
for increasing the involvement of parents in preven-
tion activities, including parent training, that are
carried out in such community and that complement
the work of other parts of the community regarding
such activities.
(5) The application contains an agreement by
the organization that the organization will not ex-
pend more than 10 percent of the grant for adminis-
trative expenses involved in carrying out the purpose
for which the grant is made.
(6) Such application has been approved pursu-
ant to a process of peer review established by the
Secretary.
(c) APPLICATION FOR GRANT.—The Secretary may
make a grant under subsection (a) only if an application
for the grant is submitted to the Secretary and the appli-
cation is in such form, is made in such manner, and con-
tains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this sec-
tion.
(d) LIMITATION ON AMOUNT OF GRANT.—A grant
under subsection (a) for a fiscal year may not be made
in an amount exceeding $50,000.
(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there is authorized
to be appropriated $10,000,000 for each of the fiscal years
1999 through 2001.
TITLE II—PRIVATE SECTOR
ANTI-DRUG PARTNERSHIPS
Subtitle A—Antiaddiction
Medications
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ‘‘Antiaddiction
Medication Development Act’’.
SEC. 202. FACILITATION OF APPROVAL FOR COMMERCIAL
DISTRIBUTION OF ANTIADDICTION DRUGS
DEVELOPED BY NATIONAL INSTITUTE OF
DRUG ABUSE.
(a) IN GENERAL.—The Commissioner of Food and
Drugs and the Attorney General of the United States
shall, respectively, promptly provide to the Director of the
National Institute on Drug Abuse a response to any re-
quest described in subsection (b) that is submitted to the
Commissioner or the Attorney General by the Director re-
garding a drug—
(1) that is being developed by the Director as
a maintenance or detoxification treatment for addic-
tion to one or more narcotic substances;
(2) for which clinical trials are being or have
been conducted to determine the safety and effec-
tiveness of the drug;
(3) for which the Director seeks or has ap-
proved a private entity to submit for the drug an ap-
plication under section 505(b) of the Federal Food,
Drug, and Cosmetic Act; and
(4) that likely will be added to one of the sched-
ules of controlled substances pursuant to section 201
of the Controlled Substances Act.
(b) DESCRIPTION OF REQUEST.—For purposes of
subsection (a), a request by the Director is a request that,
with respect to a drug described in subsection (a), the
Commissioner and the Attorney General exercise their dis-
cretion under the Federal Food, Drug, and Cosmetic Act,
and the Controlled Substances Act, to accomplish one or
more of the following (as applicable under the request):
(1) To carry out promptly section 201(b) of the
Controlled Substances Act with respect to the drug
(relating to the decision regarding on which of the
schedules of controlled substances a drug is to be in-
cluded).
(2) To advise the Director, and the sponsor of
the application under section 505(b) of the Federal
Food, Drug, and Cosmetic Act, on the actions that
can be taken by the Director and the sponsor to fa-
cilitate the approval of the application.
(3) To designate the drug as a fast track prod-
uct for purposes of section 506 of such Act.
(4) To provide the drug to physicians who re-
quest the drug for treatment purposes under section
561 of such Act (relating to the provision of inves-
tigational new drugs to patients who are not partici-
pating in clinical trials).
(5) To advise the Director and the sponsor of
the application on the actions that can be taken to
facilitate the designation of the drug under section
526 of such Act as being a drug for a rare disease
or condition (commonly referred to as an orphan
drug).
(c) PROCEDURES REGARDING SUBMISSION OF RE-
QUEST; RESPONSE TO REQUEST.—
(1) REQUEST.—In making a request described
in subsection (b), the Director shall—
(A) provide such information as the Com-
missioner or the Attorney General (as applica-
ble) determines is necessary with respect to the
request; and
(B) if the request is described in any of
paragraphs (3) through (5) of such subsection,
state the reasons underlying the determination
of the Director that the drug involved may
qualify for the status described in the para-
graph involved.
(2) RESPONSE.—In providing a response to a
request described in subsection (b), the Commis-
sioner and the Attorney General shall state the rea-
sons underlying the response, including as applica-
ble, the reasons underlying any determination by the
Secretary that providing a status described in any of
paragraphs (3) through (5) of such subsection for
the drug involved would be inconsistent with applica-
ble law.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Commissioner’’ means the Com-
missioner of Food and Drugs.
(3) The greatest threat presented by such use
is to the youth of the United States, who are ille-
gally using drugs in increasingly greater numbers.
(4) The people of the United States are more
concerned about illegal drug use and crimes associ-
ated with such use than with any other current so-
cial 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 re-
peatedly found that any State law that conflicts with
a Federal law or treaty is preempted by such law or
treaty.