I
105TH CONGRESS
2D SESSION
H. R. 4550
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.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 11, 1998
Mr. PORTMAN (for himself, Mr. BARRETT of Wisconsin, Mr. GINGRICH, Mr.
HASTERT, Mr. MCCOLLUM, Mr. SOUDER, Mr. UNDERWOOD, Mr.
BALLENGER, Ms. GRANGER, Mr. HOBSON, Mr. LEWIS of Kentucky, and
Mr. MICA) introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committees on Government
Reform and Oversight, Small Business, Transportation and Infrastruc-
ture, the Judiciary, and Education and the Workforce, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
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.
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 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. Demonstration program.
Sec. 123. Incentive grant program.
Sec. 124. Technical assistance.
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. Incentives for development of qualifying 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 Congress.
Subtitle B—Rejection of Legalization of Drugs
Sec. 311. Sense of 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—
(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 CONGRESS.
It is the sense of Congress that—
(1) businesses should adopt drug-free workplace
programs; and
(2) States should consider financial incentives,
such as reductions in workers’ compensation 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; and
‘‘(5) employee access to an employee assistance
program, including assessment, referral, and prob-
lem 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. DEMONSTRATION PROGRAM.
The National Highway Traffic Safety Administration
shall establish a demonstration program in several States
to provide voluntary drug testing for all teenager appli-
cants (or other first time applicants for a driver’s license
regardless of age) for a driver’s license. Information re-
specting an applicant’s choice not to take the drug test
or the result of the drug test on the applicant shall be
made available to the applicant’s automobile insurance
company. If an applicant tests positive in the drug test,
the State in which the program is established will not issue
a license to the applicant and will require the applicant
to complete a State drug treatment program and to not
test positive in a drug test before reapplying for a license.
SEC. 123. INCENTIVE GRANT PROGRAM.
(a) IN GENERAL.—The Secretary of Transportation
shall establish an incentive grant program to States to as-
sist the States in improving their laws relating to con-
trolled substances and driving.
(b) GRANT REQUIREMENTS.—To qualify for a grant
under subsection (a) a State shall do the following:
(1) Enact, actively enforce, and publicize a law
which makes it illegal to drive in the State with any
measurable amount of an illegal controlled substance
in the driver’s body. An illegal controlled substance
is a controlled substance for which an individual
does not have a legal written prescription. An indi-
vidual who is convicted of such illegal driving shall
be referred to appropriate services, including inter-
vention, counselling, and treatment.
(2) Enact, actively enforce, and publicize a law
which makes it illegal to drive in the State when
driving is impaired by the presence of any drug. The
State shall provide that in the enforcement of such
law, a driver shall be tested for the presence of a
drug when there is evidence of impaired driving and
a driver will have the driver’s license suspended. An
individual who is convicted of such illegal driving
shall be referred to appropriate services, including
intervention, counselling, and treatment.
(3) Enact, actively enforce, and publicize a law
which authorizes the suspension of a driver’s license
if the driver is convicted of any criminal offense re-
lating to drugs.
(4) Enact a law which provides that beginning
driver applicants and other individuals applying for
or renewing a driver’s license will be provided infor-
mation about the laws referred to in paragraphs (1),
(2), and (3) and will be required to answer drug-re-
lated questions on their applications.
(c) USE.—A State may only use a grant under sub-
section (a) to implement and enforce the programs de-
scribed in subsection (b).
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 drug prevention
programs; and
(3) promoting uniform sanctions for drug of-
fenses, referring drug offenders to assessment and
treatment programs, and involving judges in commu-
nity drug prevention programs.
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