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 Secretary shall develop a
rating system, or allow State educational agencies, to de-
termine if a public school has a drug program that meets
the qualification described in subsection (b).
‘‘(b) CRITERIA.—The criteria to determine if a school
has a quality drug program shall include, at a minimum,
the following:
‘‘(1) NEEDS ASSESSMENT.—A thorough needs
assessment before implementation of a drug pro-
gram.
‘‘(2) RESEARCH.—Implementation of a re-
search-based program.
‘‘(3) PARENT
AND
COMMUNITY
INVOLVE-
MENT.—Involvement of parents and community
members in program design and review of existing
community drug programs before implementation of
a school program.
‘‘(c) REQUEST FOR QUALITY RATING.—A school that
wishes to receive a quality rating shall submit a request
and documentation of compliance with this section to the
Secretary.
‘‘(d) PUBLIC NOTIFICATION.—Not less than once
each year, the Secretary shall report in the Federal Reg-
ister the names of schools that have received a quality rat-
ing as described in this section. The Secretary shall also
ensure that a list of programs that received a quality rat-
ing is readily available to any individual who requests it
from the Department of Education.’’.
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 $20,000.
(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; and
(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.
(2) The term ‘‘Director’’ means the Director of
the National Institute on Drug Abuse.
(3) The term ‘‘Attorney General’’ means the
Attorney General of the United States.
SEC. 203. INCENTIVES FOR DEVELOPMENT OF QUALIFYING
ANTIADDICTION DRUGS.
Chapter 5 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after
section 505A the following:
(2) Illegal drug use can kill the individuals in-
volved 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 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