101st Congress 2d Session H.R. 4079 To provide swift and certain punishment for criminals

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101st Congress 2d Session H.R. 4079 To provide swift and certain punishment for criminals in order to deter violent crime and rid America of illegal drug use. ------------------------------------------------ IN THE HOUSE OF REPRESENTATIVES February 22, 1990 Mr. Gingrich (for himself, Mr. Armey, Mr. Hunter, Mr. Smith of New Hampshire, Mr. Hansen, Mr. Hiler, Mr. Ireland, Mr. Kyl, Mr. Barton of Texas, Mr. McEwen, Mr. Bliley, Mr. Condit, Mr. Weldon, Mr. Fields, Mr. Stearns, Mr. Schuette, Mr. Douglas, Mr. Livingston, Mr. Oxley, Ms. Ros-Lehtinen, Mr. Hancock, Mr. Schaefer, Mr. Bartlett, Mr. Shumway, Mr. Inhofe, Mr. Nielson of Utah, Mr. Donald Lukens, Mr. Paxon, Mr. Herger, Mr. Robinson, Mr. Lagomarsino, Mr. Sensenbrenner, Mr. James, Mr. Upton, Mr. Bilirakis, Mr. Ritter, Mr. Dornan of California, Mr. Baker, Mr. DeLay, Mr. Hyde, Mr. Grandy, Mr. Hefley, Mr. Coughlin, Mr. Craig, Mr. Shaw, Mr. Dreier of California, Mr. Solomon, and Mr. McCollum) introduce the following bill; which was referred jointly to the Committees on the Judiciary, Energy and Commerce, Public Works and Transportation, Education and Labor, and Armed Services ------------------------------------------------ A BILL To provide swift and certain punishment for criminals in order to deter violent crime and rid America of illegal drug use. _Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,_ SECTION 1. SHORT TITLE. This Act may be cited as the "National Drug and Crime Emergency Act". SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings and declaration of a national drug and crime emergency. Sec. 4. Definitions. TITLE I--ELIMINATION OF CRIME WITHOUT PUNISHMENT Subtitle A--National Drug and Crime Emergency Policies Sec. 101. Judicial remedies for prison crowding. Sec. 102. Temporary prison facilities and expanded capacity. Sec. 103. Elimination of early release from prison. Subtitle B--Imposition of Mandatory Minimum Sentences Without Release Sec. 111. Increased mandatory minimum sentences without release for criminals using firearms and other violent criminals. Sec. 112. Life imprisonment without release for criminals convicted a third time. Sec. 113. Longer prison sentences for those who sell illegal drugs to minors or for use of minors in drug trafficking activities. Sec. 114. Longer prison sentences for drug trafficking. Sec. 115. Mandatory penalties for illegal drug use in Federal prisons. Sec. 116. Deportation of criminal aliens. Sec. 117. Encouragement to States to adopt mandatory minimum prison sentences. Subtitle C--Mandatory Work Requirements for Prisoners, Withholding Federal Benefits, and Drug Testing of Prisoners Sec. 131. Mandatory work requirement for all prisoners. Sec. 132. Repeal of constraints on prison industries. Sec. 133. Employment of prisoners. Sec. 134. Withholding prisoners' Federal benefits to offset incarceration costs. Sec. 135. Drug testing of Federal prisoners. Sec. 136. Drug testing of State prisoners. Subtitle D--Judicial Reform To Protect the Innocent and Punish the Guilty Sec. 151. Good faith standards for gathering evidence. Sec. 152. Strom Thurmond habeas corpus reform initiative. Sec. 153. Proscription of use of drug profits. Sec. 154. Jurisdiction of special masters. Sec. 155. Sentencing patterns of Federal judges. TITLE II--ACHIEVING A DRUG-FREE AMERICA BY 1995 Sec. 201. Findings. Sec. 202. Payment of trial costs and mandatory minimum fines. Sec. 203. Withholding of unearned Federal benefits from drug traffickers and users who are not in prison. Sec. 204. Revocation of drug users' driver's licenses. Sec. 205. Accountability and performance of drug treatment facilities. Sec. 206. Drug-free schools. Sec. 207. Drug-free transportation. Sec. 208. Financial incentives and citizen involvement in the war against drugs. TITLE III--MISCELLANEOUS Sec. 301. Authorization of appropriations. Sec. 302. Severability. SEC. 3. FINDINGS AND DECLARATION OF NATIONAL DRUG AND CRIME EMERGENCY. (a) FINDINGS.--The Congress makes the following findings: (1) Next to preserving the national security, protecting the personal security of individual Americans, especially children, by enacting and enforcing laws against criminal behavior is the most important single function of government. (2) The criminal justice system in America is failing to achieve this basic objective of protecting the innocent and punishing the guilty. (3) Reform is needed to ensure that criminals are held accountable for their actions, that they receive swift and certain punishment commensurate with their crimes, and that the protection of innocent citizens takes priority over other objectives. (4) The principle of individual accountability should also dictate policies with respect to drug users. Users should face a high probability of apprehension and prosecution, and those found guilty should face absolutely certain measured response penalties. (5) According to the Uniform Crime Reports issued in 1989 by the Federal Bureau of Investigation (FBI), violent crime known to law enforcement reached an unprecedented high in 1988. A violent crime occurred ever 20 seconds. (6) The Department of Justice estimates that 83 percent of Americans will be victimized by violent crime during their lifetime. (7) The Federal Bureau of Investigation reports that violent crime in America rose by 23 percent during the period 1984-1988. (8) The National Drug Control Strategy reports that in certain large cities more than 80 percent of the men arrested have tested positive for illegal drug use. (9) According to the Department of Justice, the total number of Federal and State prisoners grew by 90 percent from 1980 to 1988. The growth rate of the total prison population during the first 6 months of 1989 exceeded the largest annual increase ever recorded in 64 years of recordkeeping. The 6-month growth rate translates to a need of almost 1,800 additional prison beds per week. (10) In 1985, 19 States reported the early release of nearly 19,000 prisoners in an effort to control prison populations, according to the Bureau of Justice Statistics. (11) According to the United States Bureau of Justice Statistics, 63 percent of State inmates were rearrested for a serious crime within 3 years of their discharge from prison. (12) The criminal justice system is overloaded and does not deliver swift and certain penalties for violating the law. In America today, there exists crime without punishment. Such conditions imperil the public safety, jeopardize the rule of law and undermine the preservation of order in the community. (b) DECLARATION OF NATIONAL DRUG AND CRIME EMERGENCY.--(1) Guided by the principles that energized and sustained the mobilization for World War II, and in order to remove violent criminals from the streets and meet the extraordinary threat that is posed to the Nation by the use and trafficking of illegal drugs, the Congress declares the existence of a National Drug and Crime Emergency beginning on the date of enactment of this Act and ending on the date that is 5 years after the date of enactment of this Act. (2) During the National Drug and Crime Emergency declared in paragraph (1), it shall be the policy of the United States that-- (A) every person who is convicted in a Federal court of a crime of violence against a person or a drug trafficking felony (other than simple possession) shall be sentenced to and shall serve a full term of no less than 5 years' imprisonment without release; (B) prisoners may be housed in tents, and other temporary facilities may be utilized, consistent with security requirements; and (C) the Federal courts may limit or place a "cap" on the inmate population level of a Federal or State prison or jail only when an inmate proves that crowding has resulted in cruel and unusual punishment of the plaintiff inmate and no other remedy exists. SEC. 4. DEFINITIONS. For the purposes of this Act-- (1) the term "crime of violence against a person" means a Federal offense that is a felony and-- (A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; and (C) for which a maximum term of imprisonment of 10 years or more is prescribed by law; and (2) the term "drug trafficking crime," (other than simple possession) means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.), other than a felony constituting a simple possession of a controlled substance for which the maximum term of imprisonment of 10 years or more is prescribed by law. TITLE I--ELIMINATION OF CRIME WITHOUT PUNISHMENT Subtitle A--National Drug and Crime Emergency Policies SEC. 101. JUDICIAL REMEDIES FOR PRISON CROWDING. (a) PURPOSE.--The purpose of this section is to provide for reasonable and proper enforcement of the eighth amendment. (b) FINDINGS.--The Congress finds that-- (1) the Federal courts are unreasonably endangering the community by sweeping prison and jail cap orders as a remedy for detention conditions that they hold are in conflict with the eighth amendment; and (2) eighth amendment holdings frequently are unjustified because of the absence of a plaintiff inmate who has proven that detention conditions inflict cruel and unusual punishment of that inmate. (c) AMENDMENT OF TITLE 18, UNITED STATES CODE.--(1) Subchapter C of chapter 229 of part 2 of title 18, United States Code, is amended by adding at the end thereof the following new section: "Section 3626. Appropriate remedies with respect to prison crowding. "(a)(1) During the period of the National Drug and Crime Emergency, a Federal court shall not hold prison or jail crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff proves that the crowding causes the infliction of cruel and unusual punishment of that inmate. "(2) The relief in a case described in paragraph (1) shall extend no further than necessary to remove the conditions that are causing the cruel and unusual punishment of the plaintiff inmate. "(b)(1) A Federal court shall not place an inmate ceiling on any Federal, State, or local detention facility as an equitable remedial measure for conditions that violate the eighth amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. "(2) Federal judicial power to issue equitable relief other than that described in paragraph (1), including the requirement of improved medical or health care and the imposition of civil contempt fines or damages, where appropriate, shall not be affected by paragraph (1). "(c) Each Federal court order seeking to remedy an eighth amendment violation shall be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals.". (2) Section 3626 of title 18, United States Code, as added by paragraph (1), shall apply to all outstanding court orders on the date of enactment of this section. Any State or municipality shall be entitled to seek modification of any outstanding eighth amendment decree pursuant to that section. (3) The table of sections for subchapter C of chapter 229 of title 18, United States Code, is amended by adding at the end thereof the following new item: "3626. Appropriate remedies with respect to prison overcrowding.". SEC. 102. TEMPORARY PRISON FACILITIES AND EXPANDED CAPACITY. (a) IN GENERAL.--In order to remove violent criminals from the streets and protect the public safety, the Attorney General shall take such action as may be necessary, subject to appropriate security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated. During the period of the National Drug and Crime Emergency, these facilities may include tent housing or other shelters placed on available military bases and at other suitable locations. The President may direct the National Guard and the Army Corps of Engineers to design and construct such temporary detention facilities. (b) USE OF MILITARY INSTALLATIONS.--(1)In order to provide facilities for incarceration authorized by subsection (a), the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons shall-- (A) identify military installations that could be used as confinement facilities for Federal or State prisoners; and (B) examine the feasibility of using temporary facilities for housing prisoners with a specific examination of the successful use of tent housing during the mobilization for World War II. (2) Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Prisoners shall submit to the Congress a description and summary of the results of the examination conducted pursuant to paragraph (1). (c) PRIORITY FOR DISPOSAL OF CLOSED MILITARY INSTALLATIONS.--Section 204(b)(3) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note) is amended to read as follows: "(3)(A) Notwithstanding any provision of this title and any other law, before any action is taken with respect to the disposal or transfer of any real property or facility located at a military installation to be closed or realigned under this title the Secretary shall-- "(i) notify the Attorney General and the Governor of each of the territories and possessions of the United States of the availability of such real property or facility, or portion thereof; and "(ii) transfer such real property of facility or portion thereof, as provided in subparagraph (B). "(B) Subject to subparagraph (C), the Secretary shall transfer real property or a facility, or portion thereof, referred to in subparagraph (A) in accordance with the following priorities: "(i) If the Attorney General certifies to the Secretary that the property or facility, or portion thereof, will be used as a prison or other correctional institution, to the Department of Justice for such use. "(ii) If the Governor of a State, the Mayor of the District of Columbia, or the Governor of a territory or possession of the United States certifies to the Secretary that the property or facility, or portion thereof, will be used as a prison or other correctional institution, to that State, the District of Columbia, or that territory or possession for such use. "(iii) To any other transferee pursuant to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). "(C) Within each priority specified in clauses (i) and (ii) of subparagraph (B), the Secretary shall give a priority for the transfer of any real property or facility referred to in that subparagraph, or any portion thereof, to any department, agency, or other instrumentality referred to in such clauses that agrees to pay the Department of Defense the fair market value of the real property, facility, or portion thereof. "(D) In this paragraph, the term 'fair market value' means, with respect to any real property or facility, or any portion thereof, the fair market value determined on the basis of the use of the real property or facility on December 31, 1988.". (d) REVIEW OF CURRENT STANDARDS OF PRISON CONSTRUCTION.--(1) The Director of the Bureau of Prisons (referred to as the "Director") shall-- (A) review current construction standards and methods used in building Federal prisons; and (B) examine and recommend any cost cutting measures that could be employed in prison construction (consistent with security requirements), especially expenditures for air conditioning, recreational activities, color television, social services, and similar amenities. (2) Not later than 90 days after the date of enactment of this Act, the Director shall submit to Congress a description and summary of the results of the review conducted pursuant to paragraph (1). (e)(1) Chapter 301 of title 18, United States Code, is amended by adding at the end thereof the following new section: "Section 4014. Private construct and operation of Federal prisons "(a) IN GENERAL.--The Attorney General may contract with private persons to-- "(1) construct, own, and operate Federal prison facilities; or "(2) construct or operate Federal prison facilities owned by the United States, including the provision of subsistence, care, and proper employment of United States prisoners. "(b) COOPERATION WITH STATES.--The Attorney General shall consult and cooperate with State and local governments in exercising the authority provided by subsection (a). "(c) FINANCING OPTIONS FOR PRISON CONSTRUCTION AND OPERATION.--(1) To the greatest extent possible, the Attorney General shall utilize creative and cost-effective private financing alternatives and private construction and operation of prisons. "(2) Operating cots of privately-operated prisons shall be covered through rent charged to participating units of Government placing inmates in a prison. "(3) The Attorney General may finance the construction of facilities through lease or lease-purchase agreements. "(4) In order to gain full costs advantages from economies of scale and specialized knowledge from private innovation, the Attorney General may contract with consortia or teams of private firms to design, construct, and manage, as well as finance, prison facilities.". (2) The table of sections for chapter 301 of title 18, United States Code, is amended by adding at the end thereof the following new item: "4014. Private construct and operation of Federal prisons.". (f) SURPLUS FEDERAL PROPERTY.--(1) For the purpose of expanding the number of correctional facilities, the Administrator of the General Services Administration, in consultation with the Attorney General, shall, not later than 1 year after the date of enactment of this Act, identify and make available a list of not less than 20 parcels of surplus Federal property, which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. (2) During the National Drug and Crime Emergency declared in section 3(b)(1), notwithstanding any other law, any property that is determined to be excess to the needs of a Federal agency that may be suitable for use as a correctional facility shall be made available for such use, in order of priority, first, to the Attorney General, and second, to a State, the District of Columbia, or a local government. (g) STATE AND LOCAL GOVERNMENT USE OF FACILITIES.--State and local governments shall be permitted to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for the purpose of incarcerating prisoners at a per diem fee to be paid to the Bureau of Prisons. SEC. 103. ELIMINATION OF EARLY RELEASE FROM PRISON. During the National Drug and Crime Emergency declared in section 3(b)(1), notwithstanding any other law, every person who is convicted in a Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), shall be sentenced to and shall serve a full term of no less than 5 years' imprisonment, and no such person shall be released from custody for any reason or for any period of time prior to completion of the sentence imposed by the court unless the sentence imposed is greater than 5 years and is not a mandatory minimum sentence without release. Subtitle B--Imposition of Mandatory Minimum Sentences Without Release SEC. 111. INCREASED MANDATORY MINIMUM SENTENCES WITHOUT RELEASE FOR CRIMINALS USING FIREARMS AND OTHER VIOLENT CRIMINALS. (a) USE OF FIREARMS.--Section 924(c)(1) of title 18, United States Code, is amended to read as follows: "(c)(1) Whoever, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States-- "(A) possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for 10 years without release; "(B) discharges a firearm with intent to injure another person, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for 20 years without release; or "(C) possesses a firearm that is a machinegun, or is equipped with a firearm silencer or firearm muffler shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for 30 years without release. In the case of a second conviction under this subsection, a person shall be sentenced to imprisonment for 20 years without release for possession or 30 years without release for discharge of a firearm, and if the firearm is a machinegun, or is equipped with a firearm silence or firearm muffler, to life imprisonment without release. In the case of a third or subsequent conviction under this subsection, a person shall be sentenced to life imprisonment without release. If the death of a person results from the discharge of a firearm, with intent to kill another person, by a person during the commission of such a crime, the person who discharged the firearm shall be sentenced to death or life imprisonment without release. A person shall be subjected to the penalty of death under this subsection only if a hearing is held in accordance with section 408 of the Controlled Substances Act (21 U.S.C. 848). Notwithstanding any other law, a court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used. No person sentenced under this subsection shall be eligible for parole, nor shall such person be released for any reason whatsoever, during a term of imprisonment imposed under this paragraph.". SEC. 112. LIFE IMPRISONMENT WITHOUT RELEASE FOR CRIMINALS CONVICTED A THIRD TIME. Section 401(b) of the Controlled Substances Act is amended by striking "If any person commits a violation of this subparagraph or of section 405, 405A, or 405B after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release" and inserting "If any person commits a violation of this subparagraph or of section 405, 405A, or 405B or a crime of violence as defined in section 924(c)(3) of title 18, United States Code, after two or more prior convictions for a felony drug offense or for a crime of violence as defined in section 924(c)(3) of that title or for any combination thereof have become final, such person shall be sentenced to a mandatory term of life imprisonment without release.". SEC. 113. LONGER PRISON SENTENCES FOR THOSE WHO SELL ILLEGAL DRUGS TO MINORS OR FOR USE OF MINORS IN DRUG TRAFFICKING ACTIVITIES. (a) DISTRIBUTION TO PERSONS UNDER AGE 21.--Section 405 of the Controlled Substances Act (21 U.S.C. 845) is amended-- (1) in subsection (a) by striking "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year." and inserting "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than 10 years without release. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence and such person shall not be released during the term of such sentence."; and (2) in subsection (b) by striking "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year." and inserting "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than 20 years without release. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence and such person shall not be released during the term of such sentence.". (b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF AGE.--Section 405B of the Controlled Substances Act (21 U.S.C. 845b) is amended-- (1) in subsection (a) by striking "Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall be not less than one year." and inserting "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than 10 years without release. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence and such person shall not be released during the term of such sentence"; and (2) in subsection (c) by striking "Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall be not less than one year." and inserting "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than 20 years without release. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the preceding sentence and such person shall not be released during the term of such sentence.". SEC. 114. LONGER PRISON SENTENCES FOR DRUG TRAFFICKING. (a) SCHEDULE I AND II SUBSTANCES.--Section 401(b)(1)(C) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(C)) is amended-- (1) in the first sentence by striking "of not more than 20 years" and inserting "which shall be not less than 5 years without release nor more than 20 years"; and (2) in the second sentence by striking "of not more than 30 years" and inserting "which shall be not less than 10 years without release nor more than 30 years". (b) MARIHUANA.--Section 401(b)(1)(D) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(D)) is amended-- (1) in the first sentence by striking "of not more than 5 years" and inserting "not less than 5 years without release"; (2) in the second sentence by striking "of not more than 10 years" and inserting "which shall be not less than 10 years without release"; and (3) by adding the following new sentence at the end thereof: "Not withstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph, nor shall a person so sentenced be eligible for parole during the term of such a sentence.". (c) SCHEDULE IV SUBSTANCES.--Section 401(b)(2) of the Controlled Substances Act (21 U.S.C. 841(b)(2)) is amended-- (1) in the first sentence by striking "of not more than 3 years" and inserting "which shall be not less than 5 years without release"; (2) in the second sentence by striking "of not more than 6 years" and inserting "which shall be not less than 10 years without release"; and (3) by adding the following new sentence at the end thereof: "Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph, nor shall a person so sentenced be eligible for parole during the term of such a sentence.". (d) SCHEDULE V SUBSTANCES.--Section 401(b)(3) of the Controlled Substances Act (21 U.S.C. 841(b)(3)) is amended-- (1) in the first sentence by striking "of not more than one year" and inserting "which shall be not less than 5 years without release"; (2) in the second sentence by striking "of not more than 2 years" and inserting "which shall be not less than 10 years without release"; and (3) by adding the following new sentence at the end thereof: "Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph, nor shall a person so sentenced be eligible for parole during the term of such a sentence.". SEC. 115. MANDATORY PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS. (a) DECLARATION OF POLICY.--It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation's Federal prisons will not be tolerated and that such crime shall be prosecuted to the fullest extent of the law. (b) AMENDMENT.--Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding the following new paragraph and the end thereof: "(7)(A) In a case involving possession of a controlled substance within a Federal prison or other Federal detention facility, such person shall be sentenced to a term of imprisonment of 1 year without release in addition to any other sentence imposed for the possession itself. "(B) In a case involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution of a controlled substance within a Federal prison or other Federal detention facility, such person shall be sentenced to a term of imprisonment of 10 years without release in addition to any other sentence imposed for the possession or distribution itself. "(C) Notwithstanding any other law, the court shall not place on probation or suspend the sentence of a person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed under this paragraph.". SEC. 116. DEPORTATION OF CRIMINAL ALIENS. (a) DEPORTATION OF ALIENS CONVICTED OF CRIMES OF VIOLENCE.--Section 241(a)(14) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(14)) is amended by inserting after "convicted" the following: "of a drug trafficking crime or a crime of violence (as those terms are defined in paragraphs (2) and (3) of section 924(c) of title 18, United States Code), or". (b) REENTRY OF DEPORTED ALIENS.--Section 276(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1326(b)(2)) is amended to read as follows: "(2) whose deportation was subsequent to a conviction for a drug trafficking crime or a crime of violence (as those terms are defined in sections 924(c) (2) and (3) of title 18, United States Code), such alien shall be fined under such title and imprisoned for 20 years without release, and in the case of a second violation of subsection (a) shall be imprisoned for life without release. Notwithstanding any other law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph and such person shall not be released during the term of such sentence.". SEC. 117 ENCOURAGEMENT TO STATES TO ADOPT MANDATORY MINIMUM PRISON SENTENCES. (a) PRIORITY.--Beginning on the date that is 2 calendar years after the date of enactment of this Act, a request for Federal drug law enforcement assistance funds from the Bureau of Justice Assistance Grant Programs by a State whose law provides for-- (1) mandatory minimum sentences equal to or greater than the sentences authorized in sections 111, 112, 113, 114, and 115 for the commission of crimes against the State that are equivalent to the Federal crimes punished in those sections; (2) elimination of early release from prison of persons convicted in a State court of committing a crime of violence against a person or drug trafficking crime (other than simple possession), equivalent to the requirements of section 103; and (3) payment of trial costs and mandatory fines equivalent to that imposed by section 202, shall receive priority over a request by a State whose law does not so provide. (b) REDISTRIBUTION.--Beginning on the data that is 2 calendar years after the date of enactment of this Act, the formula for determining the amount of funds to be distributed from the Drug Control and System Improvement Grant Program to state and local governments shall be adjusted by-- (1) reducing by 10 percent the amount of funds that would, except for the application of this paragraph, be allocated to States whose laws do not provide as stated in subsection (a); and (2) allocating the amount of the reduction pro rata to the other States. Subtitle C--Mandatory Work Requirements for Prisoners, Withholding Federal Benefits, and Drug Testing of Prisoners SEC. 131 MANDATORY WORK REQUIREMENT FOR ALL PRISONERS. (A) IN GENERAL.--(1) It is the policy of the Federal Government that convicted prisoners confined in Federal prisons, jails, and other detention facilities shall work. The type of work in which they will be involved shall be dictated by appropriate security considerations and by the health of the prisoner involved. Such labor may include, but not be limited to-- (A) local public works projects and infrastructure repair; (B) construction of new prisons and other detention facilities; (C) prison industries; and (D) other appropriate labor. (2) It is the policy of the Federal Government that States and local governments have the same authority to require all convicted prisoners to work. (b) PRISONERS SHALL WORK.--Medical certification of 100 percent disability, security considerations, or disciplinary action shall be the only excuse to remove a Federal prisoner from labor participation. (c) USE OF FUNDS.--(1) Subject to paragraph (2), any funds generated by labor conducted pursuant to this section shall be deposited in a separate fund in the Treasury of the United States for use by the Attorney General for payment of prison construction and operating expenses or for payment of compensation judgements. Notwithstanding any other law, such funds shall be available without appropriation. (2) Prisoners shall be paid a share of funds generated by their labor conducted pursuant to this section. SEC. 132. REPEAL OF CONSTRAINTS ON PRISON INDUSTRIES. (a) SUMNERS-ASHURST ACT.--(1) Chapter 85 of part 1 of title 18, United States Code, is repealed. (2) The table of chapters for part 1 of title 18, United States Code, is amended by striking the item for chapter 85 and inserting the following: "[85. Repealed.]". (3) The repeal made by this subsection shall not affect the performance to completion of the pilot projects authorized by section 1761(c) of title 18, United States Code, prior to enactment of this act. (b) FEDERAL PRISON INDUSTRIES.--(1) Section 4122(a) of title 18, United States Code, is amended to read as follows: "(a) Federal Prison Industries shall determine in what manner and to what extent industrial operations shall be carried on in Federal penal and correctional institutions for the product of commodities for consumption in such institutions or for sale to governmental departments and agencies and to the public.". (2) The first paragraph of section 4124 of title 18, United States Code, is amended to read as follows: "The several Federal departments and agencies and all other Government institutions of the United States may purchase such products of the industries authorized by this chapter as meet their requirements and may be available.". (3) The second sentence of section 4126(f) of title 18, United States Code, is amended to read as follows: "To the extent that the amount of such funds is excess to the needs of the corporation for such purposes, such funds may be transferred to the Attorney General for the construction or acquisition of penal and correctional institutions, including camps described in section 4125.". (c) WALSH-HEALY ACT.--Subsection (d) of the first section of the Act entitled "An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes", approved June 30, 1936, (41 U.S.C. 35(d)), is amended-- (1) by striking "and no convict labor"; and (2) by striking ", except that this section, or any law or Executive order contrasting similar prohibitions against purchase of goods by the Federal Government, shall not apply to convict labor which satisfies the conditions of section 1761(c) of title 18, United States Code". (d) LEGISLATIVE RECOMMENDATIONS.--The Attorney General shall submit to Congress a report making recommendations for legislation to-- (1) ensure that private businesses and labor do not suffer unfair consequences from the repeal in subsection (a); and (2) encourage greater private sector participation in prison industries and create incentives for cooperative arrangements between private businesses and prisons providing for such participation. SEC. 133. EMPLOYMENT OF PRISONERS. (a) IN GENERAL.--The Attorney General may enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. (b) USE OF FEES AND PAYMENTS.--A portion of the fees and payments collected for the use of inmate skills under contracts entered into pursuant to subsection (a) shall be deposited in the fund described in section 131(c)(1), and a portion shall be paid to the prisoners who conduct the labor. (c) SECURITY REQUIREMENT.--In the case of contracts described in subsection (a) in which the provision of inmate skills would require prisoners to leave the prison-- (1) prisoners shall be permitted to travel directly to a work site and to remain at the work site during the work day and shall be required to return directly to prison at the end of each work day; and (2) only prisoners with no history of violent criminal activity and who are able to meet strict security standards to insure that they pose no threat to the public, shall be eligible to participate. SEC. 134. WITHHOLDING PRISONERS' FEDERAL BENEFITS TO OFFSET INCARCERATION COSTS. (a) IN GENERAL.--The Federal benefits received by any prisoner (not including those of a prisoner's spouse or dependents) who has been convicted of a crime of violence against a person or drug trafficking crime (other than simple possession) under Federal or State law and who is incarcerated in a Federal or State prison shall, during the period of the prisoner's incarceration, be withheld to offset the costs of-- (1) any victim compensation award against such prisoner; and (2) any incarceration costs of the prisoner incurred by the prison system. (b) PAYMENT.--(1) In the case of a Federal Prisoner, Federal benefits withheld for the purpose of subsection (a)(2) shall be paid into the fund established by section 131(c). (2) In the case of a State prisoner, Federal benefits withheld for the purpose of subsection (a)(2) shall be paid to the State. (c) EXCEPTION.--The withholding of Federal benefits of a prisoner with a spouse or other dependents under subsection (a) shall be adjusted by the court to provide adequate support to and to prevent the impoverishment of dependents. (d) DEFINITIONS.--As used in this section the term "Federal benefit" means the issuance of any payment of money, by way of grant, loan, or statutory entitlement, provided by an agency of the United States or by appropriated funds or trust funds of the United States but does not include a right to payment under a contract. SEC. 135. DRUG TESTING OF FEDERAL PRISONERS. (a) DRUG TESTING PROGRAM.--(1) Subchapter A of chapter 229 of title 18, United States Code, is amended by adding at the end thereof the following new section: "Section 3608. Drug testing of defendants on post-conviction release "(a) The Attorney General, in consultation with the Director of the Administrative Office of the United States Courts shall, as soon as is practicable after the effective date of this section, establish by regulation a program of drug testing of targeted classes of arrestees, individuals in jails, prisons, and other correctional facilities, and persons on conditional or supervised release before or after conviction, including probationers, parolees, and persons released on bail. "(b)(1) The Attorney General shall, not later than 6 months after the date of enactment of this section, promulgate regulations for drug testing programs under this section. "(2) The regulations issued pursuant to paragraph (1) shall be based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results. In addition to specifying acceptable methods and procedures for carrying out drug testing, the regulations may include guidelines or specifications concerning-- "(A) the classes of persons to be targeted for testing; "(B) the drugs to be tested for; "(C) the frequency and duration of testing; and "(D) the effect of test results in decisions concerning the sentence, the conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. "(c) In each district where it is feasible to do so, the chief probation officer shall arrange for the drug testing of defendants on a post-conviction release pursuant to a conviction for a felony or other offense described in section 3563(a)(4) of this title.". SEC. 136. DRUG TESTING OF STATE PRISONERS. (a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end of part E (42 U.S.C. 3750-3766b) the following: "DRUG TESTING PROGRAMS "SEC. 523. (a) PROGRAM REQUIRED.--No funding shall be provided under this part, whether by direct grant, cooperative agreement, or assistance in any form, to any State or any political subdivision or instrumentality of a State that has not formulated and implemented a drug testing program, subject to periodic review by the Attorney General, as specified in the regulations described in subsection (b), for targeted classes of arrestees, individuals in jails, prisons, and other correctional facilities, and persons on conditional or supervised release before or after conviction, including probationers, parolees, and persons released on bail. "(b) REGULATIONS.--(1) The Attorney General shall, not later than 6 months after the enactment of this section, promulgate regulations for drug testing programs under this section. "(2) The regulations issued pursuant to paragraph (1) shall incorporate the standards applicable to drug testing of Federal prisoners under section 3608 of title 18, United States Code. "(c) EFFECTIVE DATE.--This section shall take effect with respect to any State, subdivisions, or instrumentality receiving or seeking funding under this subchapter at a time specified by the Attorney General, but no earlier than the date of promulgation of the regulations required by subsection (b).". (b) AMENDMENT TO TABLE OF CONTENTS.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting at the end of the item relating to part E the following: "Sec. 523. Drug testing program.". Subtitle D--Judicial Reform to Protect the Innocent and Punish the Guilty SEC. 151. GOOD FAITH STANDARDS FOR GATHERING EVIDENCE. (a) IN GENERAL.--Chapter 223 of title 18, United States Code, is amended by adding at the end thereof the following new section: "Section 3509. Admissibility of evidence obtained by search or seizure "(a) EVIDENCE OBTAINED BY OBJECTIVELY REASONABLE SEARCH OR SEIZURE.--Evidence which is obtained as a result of a search or seizure shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the fourth amendment to the Constitution of the United States, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. The fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. "(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR RULE.--Evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by a statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. "(c) RULE OF CONSTRUCTION.--This section shall not be constructed to require or authorize the exclusion of evidence in any proceeding.". (b) TECHNICAL AMENDMENT.--The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by adding at the end the following: "3509. Admissibility of evidence obtained by search or seizure.". SEC. 152. STROM THURMOND HABEAS CORPUS REFORM INITIATIVE. (a) FINALITY OF DETERMINATIONS.--Section 2244 of title 28, United States Code, is amended by adding at the end thereof the following new subsections: "(d) When a person in custody pursuant to the judgment of a State court fails to raise a claim in State proceedings at the time or in the manner required by State rules of procedure, the claim shall not be entertained in an application for a writ of habeas corpus unless actual prejudice resulted to the applicant from the alleged denial of Federal right asserted and-- "(1) the failure to raise the claim properly or to have it heard in State proceedings was the result of State action in violation of the Constitution or laws of the United States; "(2) the Federal right asserted was newly recognized by the Supreme Court subsequent to the procedural default and is retroactively applicable; or "(3) the factual predicate of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. "(e) A one-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of the following times: "(1) the time at which State remedies are exhausted; "(2) the time at which the impediment to filing an application created by State action in violation to the Constitution or laws of the United States is removed, where the applicant was prevented from filing by such State action; "(3) the time at which the Federal right asserted was initially recognized by the Supreme Court, where the right has been newly recognized by the Court and is retroactively applicable; or "(4) the time at which the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence.". (b) APPEAL.--Section 2253 of title 28, United States Code, is amended to read as follows: "Section 2253. Appeal "In a habeas corpus proceeding or a proceeding under section 2255 of this title before a circuit or district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit where the proceeding is had. "There shall be no right of appeal from such an order in a proceeding to test the validity of a warrant to remove, to another district or place for commitment or trial, a person charged with a criminal offense against the United States, or to test the validity of the person's detention pending removal proceedings. "An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order in a proceeding under section 2255 of this title, unless a circuit justice or judge issues a certificate of probable cause.". (c) APPELLATE PROCEDURE.--Rule 22 of the Federal Rules of Appellate Procedure is amended to read as follows: "Rule 22. Habeas Corpus and Section 2255 Proceedings "(a) APPLICATION FOR AN ORIGINAL WRIT OF HABEAS CORPUS.--An application for a writ of habeas corpus shall be made to the appropriate district court. If application is made to a circuit judge, the application will ordinarily be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before a circuit judge is not favored; the proper remedy is by appeal to the court of appeals from the order of the district court denying the writ. "(b) NECESSITY OF CERTIFICATE OF PROBABLE CAUSE FOR APPEAL.--In a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court, and in a motion proceeding pursuant to section 2255 of title 28, United States Code, an appeal by the applicant or movant may not proceed unless a circuit judge issues a certificate of probable cause. If a request for a certificate of probable cause is addressed to the court of appeals, it shall be deemed addressed to the judges thereof and shall be considered by a circuit judge or judges as the court deems appropriate. If no express request for a certificate is filed, the notice of appeal shall be deemed to constitute a request addressed to the judgements of the court of appeals. If an appeal is taken by a State or the government or its representative, a certificate of probable cause is not required.". (d) STATE CUSTODY.--Section 2254 of title 28, United States Code, is amended-- (1) by amending subsection (b) to read as follows: "(b) An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the applicant. An application may be denied on the merits notwithstanding the failure of the applicant to exhausted the remedies available in the courts of the States."; (2) by redesignating subsection (d), (e), and (f) as subsections (e), (f), and (g), respectively; (3) by inserting after subsection (c) the following new subsection: "(d) An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that has been fully and fairly adjudicated in State proceedings."; and (4) by amending subsection (e), as redesignated by paragraph (2), to read as follows: "(e) In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a full and fair determination of a factual issue made in the case by a State court shall be presumed to be correct. The applicant shall have the burden of rebutting this presumption by clear and convincing evidence.". (e) FEDERAL CUSTODY.--Section 2255 of title 28, United States Code, is amended by striking the second paragraph and the penultimate paragraph thereof, and by adding at the end thereof the following new paragraphs: "When a person fails to raise a claim at the time or in the manner required by Federal rules of procedure, the claim shall not be entertained in a motion under this section unless actual prejudice resulted to the movant from the alleged denial of the right asserted and-- "(1) the failure to raise the claim properly, or to have it heard, was the result of governmental action in violation of the Constitution or the laws of the United States; "(2) the right asserted was newly recognized by the Supreme Court subsequent to the procedural default and is retroactively applicable; or "(3) the factual predicate of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. "A two-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of the following times; "(1) The time at which the judgment of conviction becomes final. "(2) The time at which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, where the movant was prevented from making a motion by such governmental action. "(3) The time at which the right asserted was initially recognized by the Supreme Court, where the right has been newly recognized by the Court and is retroactively applicable. "(4) The time at which the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence.". SEC. 153. PROSCRIPTION OF USE OF DRUG PROFITS. (a) LIST OF ASSETS.--Section 511(d) of the Controlled Substances Act (21 U.S.C. 881(d)) is amended by-- (1) inserting "(1)" after (d)"; and (2) adding at the end thereof the following new paragraph: "(2)(A) Prior to sentencing a defendant on conviction in a Federal court of a felony under this title, the court shall compile a list of all assets owned by the defendant not subject to forfeiture. "(B) After the release of a defendant described in subparagraph (A), upon request of the Attorney General, the court shall required the defendant to provide proof that any asset owned by the defendant not listed on the list described in subparagraph (A) was legally obtained.". "(C) In order to prove that a defendant legally obtained an asset not listed on the list described in subparagraph (A), the defendant shall be required to produce documentation of the same nature as that required of a taxpayer by the Internal Revenue Service. "(D) Assets that a defendant does not prove were legally obtained under subparagraph (B) may be seized by the Attorney General through attachment and foreclosure proceedings, and the proceeds of such proceedings shall be deposited in the Department of Justice's Assets Forfeiture Fund and shall be available for transfer to the building and facilities account of the Federal prison system.". SEC. 154. JURISDICTION OF SPECIAL MASTERS. Notwithstanding any other law, a special master appointed to serve in a United States court to monitor compliance with a court order, including special masters who have been appointed prior to the date of enactment of this Act-- (1) shall be appointed for a term of no more than 1 year; (2) may be reappointed for terms of 1 year; (3) shall be given a clear and narrow mandate by the court and shall have no authority in any area where a specific mandate is not granted; and (4) shall not have jurisdiction to enforce any judicial order with respect to the management of prisons or jails. SEC. 155. SENTENCING PATTERNS OF FEDERAL JUDGES. (a) IN GENERAL.--Chapter 49 of title 28, United States Code, is amended by adding at the end thereof the following new section: "Section 757 Sentencing patterns "(a) The Administrative Office of the United States Courts shall annually publish a cumulative report on sentencing by United States District Judges. The report shall be compiled for the purpose of enabling the reader to assess criminal sentencing patterns among Federal judges and post-sentencing treatment to determine judicial accuracy of forecasting future responsible and lawful behavior by those whom they sentence. "(b) The report shall-- "(1) personally identify the judge that pronounced each criminal sentence; "(2) give a brief description of the crime or crimes perpetrated by the criminal and the prison, probation, parole, furlough, recidivism, and other history of the criminal that is reasonably available for compilation; and "(3) include such charts, profiles, and narratives as are necessary.". (b) TECHNICAL AMENDMENT.--The table of sections for chapter 49 of title 28, United States Code, is amended by adding at the end thereof the following: "757. Sentencing patterns.". TITLE II--ACHIEVING A DRUG-FREE AMERICA BY 1995 SEC. 201. FINDINGS. The Congress finds that-- (1) to make America drug-free by 1995 requires a concerted effort to hold drug users accountable for their actions, which sustain the drug trade and related criminal activities; and (2) the anti-drug policy of the 1990's must emphasize the principles of zero tolerance, user accountability, and measured user penalties. SEC. 202 PAYMENT OF TRIAL COSTS AND MANDATORY MINIMUM FINES. (a) FINE TO PAY COST OF TRIAL.--(1) A person who is convicted of a violation of section 404 of the Controlled Substances Act (21 U.S.C. 844) shall pay to the Treasury of the United States the cost of the trial in which the person is convicted, as determined by the court, out of the income of such person. (2) If a person convicted of drug possession has insufficient income and property to pay the cost of trial as required by paragraph (1), the court shall determine an appropriate amount that should be paid in view of the person's income and the cost of trial. (3) The amount that a person shall be required to pay out of the person's income to pay the cost of trial shall not exceed 25 percent of the person's annual income. (b) ADDITIONAL MANDATORY FINE.--In addition to the fines authorized in section 404 of the Controlled Substances Act (21 U.S.C. 844) and in subsection (a), a person who is convicted of section 404 of the Controlled Substances Act shall be assessed a mandatory fine of at least 10 percent of the person's income for a first offense and at least 25 percent of the person's income for a second or subsequent offense. (c) INCOME.--For the purposes of this section, a person's annual income shall be determined to be no less than the amount of income reported on the person's most recent Federal income tax filing. (d) FORFEITURE OF PROPERTY.--If a person convicted of a drug crime has insufficient income to pay the fines imposed under subsections (a) and (b), the person's property, including wages and other earnings, shall be subject to forfeiture through attachment, foreclosure, and garnishment procedures. (e) The court may order payment of trial costs and fines imposed under this section in a single payment or in installments, as necessary to realize the greatest possibility that the entire amount of costs and fines will be paid. SEC. 203. WITHHOLDING OF UNEARNED FEDERAL BENEFITS FROM DRUG TRAFFICKERS AND USERS WHO ARE NOT IN PRISON. (a) DRUG TRAFFICKERS.--Section 5301(a) of the Anti-Drug Abuse Act of 1988 (21 U.S.C 853a(a)) is amended-- (1) by amending paragraph (1) to read as follows: "(1) Any individual who is convicted of any State offense consisting of the distribution of controlled substances (as such terms are defined for purposes of the Controlled Substances Act) who is not sentenced to a prison term or who serves a prison term of less than the time periods specified in subparagraph (A), (B), or (C) of this paragraph shall-- "(A) upon the first conviction for such an offense be ineligible for unearned Federal benefits for 5 years after such conviction; "(B) upon a second conviction be ineligible for all unearned Federal benefits for 10 years after such conviction; and "(C) upon a third or subsequent conviction for such an offense be permanently ineligible for all unearned Federal benefits."; and (2) in paragraph (2) by striking "there is a reasonable body of evidence to substantiate such declaration" and inserting "there is clear and convincing evidence to substantiate such declaration". (b) DRUG USERS.--Section 5301(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 853a(b)) is amended-- (1) in paragraph (1) by amending subparagraphs (A) and (B) to read as follows: "(A) upon the first conviction for such an offense be ineligible for all unearned Federal benefits for 1 year after such conviction; "(B) upon a second and subsequent convictions be ineligible for all unearned Federal benefits for 5 years after such convictions; and (2) in paragraph (2) by striking "there is a reasonable body of evidence to substantiate such declaration" and inserting "there is clear and convincing evidence to substantiate such declaration". (c) SUSPENSION OF PERIOD OF INELIGIBILITY.--Subsection (c) of section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 853a(c)) is amended to read as follows: "(c) SUSPENSION OF PERIOD OF INELIGIBILITY.--A court may reduce the period of ineligibility referred to in subsection (b)(1)(A) to 3 months if the individual-- "(1) successfully completes a supervised drug rehabilitation program which includes periodic, random drug testing after becoming ineligible under this section; or "(2) completes a period of community service satisfactory to the court and passes period and random drug tests administered during the 3-month period of suspension.". (d) DEFINITIONS.--Subsection (d) of section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 853a(d)) is amended to read as follows: "(d) DEFINITIONS.--As used in this section-- "(1) the term 'earned Federal benefits' means programs and benefits that are earned through or by financial contributions or service, such as Social Security or veterans' benefits; and "(2) the term 'unearned Federal benefits' means all Federal benefits, including the issuance of any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States, but not including earned Federal benefits, such as Social Security and veteran's benefits. (e) MONITORING.--The Attorney General shall establish a system to monitor implementation of section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 853a). SEC. 204. REVOCATION OF DRUG USERS' DRIVER'S LICENSES AND PILOT'S LICENSES. (a) DRIVER'S LICENSES.--(1) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: "Section 159. Revocation of the driver's licenses of persons convicted of drug possession "(a) Beginning on the date that is 2 calendar years after the date of enactment of this section, a request for Federal drug law enforcement assistance funds from the Bureau of Justice Assistance Grant programs by a State whose law provides for revocation of drivers' licenses as provided in subsection (c) shall receive priority over a request by a State whose law does not so provide. "(b) Beginning on the date that is 2 calendar years after the date of enactment of this section, the formula for determining the amount of funds to be distributed from the Drug Control and System Improvement Grant Program to State and local governments shall be adjusted by-- "(1) reducing by 10 percent the amount of funds that would, except for the application of this paragraph, be allocated to States whose laws do not provide as stated in subsection (c); and "(2) allocated the amount of the reduction pro rata to the other States. "(c)(1) A State meets the requirements of this section if the State has enacted and is enforcing a law that requires in all circumstances, except as provided in paragraph(2)-- "(A) the mandatory revocation of the driver's license for at least 1 year of any person who is convicted, after the enactment of such law, of-- "(i) a violation of section 404 of the Controlled Substances Act (21 U.S.C. 844); or "(ii) any other Federal or State drug offense for which a person serves less than 1 year's imprisonment; and "(B) the mandatory denial of any request for the issuance or reinstatement of a driver's license to such a person if the person does not have a driver's license, or the driver's license of the person is suspended, at the time the person is so convicted. "(2) The State law referred to in paragraph (1) may provide that the driver's license of a first offender, but not of a second or subsequent offender, may be reinstated on performance of 3 months' community service and passes periodic drug tests administered during the period of community service.". "(d) For purposes of this section-- "(1) The term 'driver's license' means a license issued by a State to any person that authorizes the person to operate a motor vehicle on the highways. "(2) The term 'drug offense' means any criminal offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act (21 U.S.C. 801 et seq.) and such offenses under State laws. "(3) The term 'convicted' includes adjudicated under juvenile proceedings.". (2) The table of contents for chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new item: "159. Revocation of the driver's licenses of persons convicted of drug offenses.". (b) PILOT'S LICENSES.--The Secretary of Transportation shall cause the Federal Aviation Administration to amend its regulations as necessary to cause the revocation of pilot's licenses on the terms and conditions prescribed for revocation of driver's licenses in subsection (a). SEC. 205. ACCOUNTABILITY AND PERFORMANCE OF DRUG TREATMENT FACILITIES. (a) STATEWIDE DRUG TREATMENT PLANS.--Title XIX of the Public Health Service Act is amended by inserting after section 1916A (42 U.S.C. 300x-4a) the following new section: "SEC. 1916B. STATEWIDE DRUG TREATMENT PLAN. "(a) NATURE OF PLAN.--To receive the drug abuse portion of its allotment for a fiscal year under section 1912A, a State shall develop, implement, and submit, as part of the application required by section 1916(a), an approved statewide Drug Treatment Plan, prepared according to regulations promulgated by the Secretary, that shall contain-- "(1) a single, designated State agency for formulating and implementing the Statewide Drug Treatment Plan; "(2) a description of the mechanism that shall be used to assess the needs for drug treatment in localities throughout the State including the presentation of relevant data; "(3) a description of a statewide plan that shall be implemented to expand treatment capacity and overcome obstacles that restrict the expansion of treatment capacity (such as zoning ordinances), or an explanation of why such a plan is necessary; "(4) a description of performance-based criteria that shall be used to assist in the allocating of funds to drug treatment facilities receiving assistance under this subpart: [sic] "(5) a description of the drug-free patient and workplace programs, that must include some form of drug testing, to be utilized in drug treatment facilities and programs; "(6) a description of the mechanism that shall be used to make funding allocations under this subpart; "(7) a description of the actions that shall be taken to improve the referral of drug users to treatment facilities that offer the most appropriate treatment modality; "(8) a description of the program of training that shall be implemented for employees of treatment facilities receiving Federal funds, designed to permit such employees to stay abreast of the latest and most effective treatment techniques; "(9) a description of the plan that shall be implemented to coordinate drug treatment facilities with other social, health, correctional and vocational services in order to assist or properly refer those patients in need of such additional services; and "(10) a description of the plan that will be implemented to expand and improve efforts to contact and treat expectant women who use drugs and to provide appropriate follow-up care to their affected newborns. "(b) SUBMISSION OF PLAN.--The plan required by subsection (a) shall be submitted to the Secretary annually for review and approval. The Secretary shall have the authority to review and approve or disapprove such State plans, and to propose changes to such plans. "(c) SUBMISSION OF PROGRESS REPORTS.--Each State shall submit reports, in such form, and containing such information as the Secretary may, from time to time, require, and shall comply with such additional provisions as the Secretary may from time to time find are necessary to verify the accuracy of such reports but are not overly burdensome to the State. "(d) WAIVER OF PLAN REQUIREMENT.--At the discretion of the Secretary, the Secretary may waive any or all of the requirements of this section on the written request of a State, except that such waiver shall not be granted unless the State implements an alternative treatment plan that fulfills the objectives of this section. "(e) DEFINITION.--As used in this section, the term 'drug abuse portion' means the amount of a State's allotment under section 1912A that is required by this subpart, or by any other law, to be used for programs or activities relating to drug abuse.". (b) REGULATIONS AND EFFECTIVE DATES.--(1) The Secretary of Health and Human Services shall promulgate regulations to carry out section 1916B of the Public Health Service Act (as added by subsection (a)) not later than 6 months after the date of enactment of this section. (2)(A)Sections 1916B(a) (4) and (5) of such Act (as added by subsection (a)) shall become effective on October 1 of the second fiscal year beginning after the date that final regulations under paragraph (1) are published in the Federal Register. (B) The remaining provision of such section 1916B shall become effective on October 1 of the first fiscal year beginning after the date final regulations under paragraph (1) are published in the Federal Register. SEC. 206. DRUG-FREE SCHOOLS. (a) ELEMENTARY AND SECONDARY EDUCATION.--(1) Title XII of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), is amended by inserting at the end thereof the following new section 1213: "DRUG AND ALCOHOL ABUSE PREVENTION "SEC. 1213. (a) Notwithstanding any other law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless it certifies to the Secretary that it has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a minimum, includes-- "(1) the annual distribution to each student and employee of-- "(A) standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as a part of any of its activities; "(B) a description of applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol; "(C) a description of the health risks associated with the use of illicit drugs and the abuse of alcohol; "(D) a description of any drug or alcohol counseling, treatment, or rehabilitation programs that are available to employees or students; and "(E) a clear statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal laws), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by paragraph (1)(A); "(2) provisions for drug testing; and "(3) a biennial review by the institution of its program to-- "(A) determine its effectiveness and implement changes to the program if they are needed; and "(B) ensure that the sanctions required by paragraph (1)(E) are consistently enforced. "(b) Each institution of higher education that provides the certification required by subsection (a) shall, upon request, make available to the Secretary and to the public a copy of each item required by subsection (a)(1) as well as the results of the biennial review required by subsection (a)(2). "(c)(1) The Secretary shall publish regulations to implement and enforce this section, including regulations that provide for-- "(A) the periodic review of a representative sample of programs required by subsection (a); and "(B) sanctions, up to and including the termination of any form of financial assistance, for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions. "(2) The sanctions required by subsection (a)(1)(E) may include the completion of an appropriate rehabilitation program". (2) Paragraph (1) shall take effect on October 1, 1990. (b) DRUG AND ALCOHOL ABUSE PREVENTION.--(1) Part D of the Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3171 et seq.) is amended by adding at the end thereof a new section 5145 to read as follows: "CERTIFICATION OF DRUG AND ALCOHOL ABUSE PREVENTION PROGRAMS. "SEC. 5145. (a) Notwithstanding any other law, no local educational agency shall be eligible to receive funds or any other form of financial assistance under any Federal program unless it certifies to the State educational agency that it has adopted and has implemented a program to prevent the use of illicit drugs and alcohol by students or employees that, at a minimum, includes-- "(1) mandatory, age-appropriate, developmentally based drug and alcohol education and prevention programs (which address the legal, social, and health consequences of drug and alcohol use and which provide information about effective techniques for resisting peer pressure to use illicit drugs or alcohol) for students in all grades of the schools operated or served by the applicant, from early childhood level through grade 12; "(2) conveying to students that the use of illicit drugs and alcohol is wrong and harmful; "(3) standards of conduct that are applicable to students and employees in all the applicant's schools and that clearly prohibit, at a minimum, the possession, use, or distribution of illicit drugs and alcohol by students and employees on school premises or as part of any of its activities; "(4) a clear statement that sanctions (consistent with local, State, and Federal law), up to and including expulsion or termination of employment and referral for prosecution, will be imposed on students and employees who violate the standards of conduct required by paragraph (3) and a description of those sanctions; "(5) information about any available drug and alcohol counseling and rehabilitation programs that are available to students and employees; "(6) a requirement that parents, students, and employees be given a copy of the standards of conduct required by paragraph (3) and the statement of sanctions required by paragraph (4); "(7) notifying parents, students, and employees that compliance with the standards of conduct required by paragraph (3) is mandatory; "(8) provisions for drug testing; and "(9) a biennial review by the applicant of its program to-- "(A) determine its effectiveness and implement changes to the program if they are needed; and "(B) ensure that the sanctions required by paragraph (4) are consistently enforced. "(b) Each local educational agency that provides the certification required by subsection (a) shall, upon request, make available to the Secretary, the State educational agency, and the public full information about the elements of its program required by subsection (a), including the results of its biennial review. "(c) Each State educational agency shall certify to the Secretary that it has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by its students and employees that is consistent with the program required by subsection (a) of this section. The State educational agency shall, upon request, make available to the Secretary and to the public full information about the elements of its program. "(d)(1) The Secretary shall publish regulations to implement and enforce the provisions of this section, including regulations that provide for-- "(A) the periodic review by State educational agencies of a representative sample of programs required by subsection (a); and "(B) sanctions, up to and including the termination of any form of financial assistance, for local educational agencies that fail to implement their programs or to consistently enforce their sanctions. "(2) The sanctions required by subsection (a)(1) through (4) may included the completion of an appropriate rehabilitation program.". (2) The Drug-Free Schools and Communities Act of 1986 is further amended in section 5126(c)(2) by-- (A) striking subparagraphs (E), (F), and (G); and (B) redesignating subparagraphs (H) through (M) as subparagraphs (E) through (J), respectively. (3) Paragraphs (1) and (2) shall take effect on October 1, 1990. SEC. 207. DRUG-FREE TRANSPORTATION. (a) SHORT TITLE.--This section may be cited as the 'Transportation Employee Testing Act'. (b) FINDINGS.--The Congress finds that-- (1) alcohol abuse and illegal drug use pose significant dangers to the safety and welfare of the Nation; (2) millions of the Nation's citizens utilize transportation by aircraft, railroads, trucks, and buses, and depend on the operators of aircraft, railroads, trucks, and buses to perform in a safe and responsible manner; (3) the greatest efforts must be expended to eliminate the abuse of alcohol and the use of illegal drugs, whether on or off duty, by persons who are involved in the operation of aircraft, railroads, trucks, and buses; (4) the use of alcohol and illegal drugs has been demonstrated to affect significantly the performance of persons who use them, and has been proven to have been a critical factor in transportation accidents; (5) the testing of uniformed personnel of the Armed Forces has shown that the most effective deterrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing; (6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol or use of illegal drugs is performed in a manner that protects a person's right of privacy, ensures that no person is harassed by being treated differently from other persons, and ensures that no person's reputation or career development is unduly threatened or harmed; and (7) rehabilitation is a critical component of any testing program for abuse of alcohol or use of illegal drugs, and should be made available to persons, as appropriate. (C) AMENDMENT OF THE FEDERAL AVIATION ACT.--(1) Title VI of the Federal Aviation Act of 1958 (49 App. U.S.C. 1421 et seq.) is amended by adding at the end thereof the following: "ALCOHOL AND CONTROLLED SUBSTANCES TESTING "TESTING PROGRAM "SEC. 613. (a)(1) The Administrator shall, in the interest of aviation safety, prescribe regulations not later than 12 months after the date of enactment of this section. Such regulations shall establish a program that requires air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as determined by the Administrator) for use, in violation of law, of alcohol or a controlled substances. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, for the conduct of periodic recurring testing of such employees for such use in violation of law. "(2) The Administrator shall establish a program applicable to employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions. Such programs shall provide for preemployment, reasonable suspicion, random, an post-accident testing for use, in violation of law, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, for the conduct of periodic testing of such employees for such use in violation of law. "(3) In prescribing regulations under the programs required by this subsection, the Administrator shall require, as the Administrator considers appropriate, the suspension or revocation of any certificate issued to such a person, or the disqualification or dismissal of any such person, in accordance with this section, in any instance where a test conduct and confirmed under this section indicates that such person has used, in violation of law, alcohol or a controlled substance. "PROHIBITION OF SERVICE "(b)(1) No person may use, in violation of law, alcohol or a controlled substance after the date of enactment of this section and serve as an airman, crewmember, airport security screening contract personnel, air carrier employee responsible for safety-sensitive functions (as determined by the Administrator), or employee of the Federal Aviation Administration with responsibility for safety-sensitive functions. "(2) No person who is determined to have used, in violation of law, alcohol or a controlled substance after the date of enactment of this section shall serve as an airman, crewmember, airport security screening contract personnel, air carrier employee responsible for safety-sensitive functions (as determined by the Administrator), or employee of the Federal Aviation Administration with responsibility for safety-sensitive functions unless such person has completed a program of rehabilitation described in subsection (c). "(3) Any such person determined by the Administrator to have used, in violation of law, alcohol or a controlled substance after the date of enactment of this section who-- "(A) engaged in such use while on duty; "(B) prior to such use had undertaken or completed a rehabilitation program described in subsection (c) of this section; "(C) following such determination refuses to undertake such rehabilitation program; or "(D) following such determination fails to complete such a rehabilitation program, shall not be permitted to perform the duties relating to air transportation which such person performed prior to the date of such determination. "PROGRAM FOR REHABILITATION "(c)(1) The Administrator shall prescribe regulations setting forth requirements for rehabilitation programs which at a minimum provide for the identification and opportunity for treatment of employees referred to in subsection (a)(1) in need of assistance in resolving problems with the use, in violation of law, of alcohol or controlled substances. Each air carrier or foreign air carrier is encouraged to make such a program available to all of its employees in addition to those employees referred to in subsection (a)(1). The Administrator shall determine the circumstances under which such employees shall be required to participate in such a program. Nothing in this subsection shall preclude any air carrier or foreign air carrier from establishing a program under this subsection in cooperation with any other air carrier or foreign air carrier. "(2) The Administrator shall establish and maintain a rehabilitation program which at a minimum provides for the identification and opportunity for treatment of those employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions who are in need of assistance in resolving problems with the use of alcohol or controlled substances. "PROCEDURES "(d) In establishing the program required under subsection (a) of this section, the Administrator shall development requirements which shall-- "(1) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples; "(2) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments thereto, including mandatory guidelines which-- "(A) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards that require the use of the best available technology for ensuring full reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples collected for controlled substances testing; "(B) establish the minimum list of controlled substances for which persons may be tested; and "(C) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section; "(3) require that all laboratories involved in the controlled substances testing of any person under this section shall have the capability and facility, at such laboratory, of performing screening and confirmation tests; "(4) provide that all tests that indicate the use, in violation of law, of alcohol or a controlled substance by any person shall be confirmed by a scientifically recognized method of testing capable of providing quantitative data regarding alcohol or a controlled substance; "(5) provide that each specimen sample be subdivided, secured, and labeled in the presence of the tested person and that a portion thereof be retained in a secure manner to prevent the possibility of tampering, so that if the person's confirmation test results are positive the person has an opportunity to have the retained portion assayed by a confirmation test done independently at a second certified laboratory if the person requests the independent test within 3 days after being advised of the results of the confirmation test; "(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations as may be necessary and in consultation with the Department of Health and Human Services; "(7) provide for the confidentiality of test results and medical information (other than information relating to alcohol or a controlled substance) of employees, except that this paragraph shall not preclude the use of test results for the orderly imposition of appropriate sanctions under this section; and "(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances. "EFFECT ON OTHER LAWS AND REGULATIONS "(e)(1) No State or local government shall adopt or have in effect any law, rule, regulation, ordinance, standard, or order that is inconsistent with the regulations promulgated under this section, except that the regulations promulgated under this section shall not be construed to preempt provisions of State criminal law which impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to employees of an air carrier or foreign air carrier or to the general public. "(2) Nothing in this section shall be construed to restrict the discretion of the Administrator to continue in force, amend, or further supplement any regulations issued before the date of enactment of this section that govern the use of alcohol and controlled substances by airmen, crewmembers, airport security screening contract personnel, air carrier employees responsible for safety-sensitive functions (as determined by the Administrator), or employees of the Federal Aviation Administration with responsibility for safety-sensitive functions. "(3) In prescribing regulations under this section, the Administrator shall establish requirements applicable to foreign air carriers that are consistent with the international obligations of the United States, and the Administrator shall take into consideration any applicable laws and regulations of foreign countries. The Secretary of State and the Secretary of Transportation, jointly, shall call on the member countries of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit the use, in violation of law, of alcohol or a controlled substance by crewmembers in international civil aviation. "DEFINITION "(f) For the purposes of this section, the term "controlled substance" means any substance under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified by the Administrator.". (2) The portion of the table of contents of the Federal Aviation Act of 1958 relating to title VI is amended by adding at the end thereof the following: "Sec. 613. Alcohol and controlled substances testing. "(a) Testing program. "(b) Prohibition on service. "(c) Program for rehabilitation. "(d) Procedures. "(e) Effect on other laws and regulations. "(f) Definition.". (d) AMENDMENT OF THE FEDERAL RAILROAD SAFETY ACT.--Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by adding at the end thereof the following new subsection: "(r)(1) In the interest of safety, the Secretary shall, not later than 12 months after the date of enactment of this subsection, issue rules, regulations, standards, and orders relating to alcohol and drug use in railroad operations. Such regulations shall establish a program which-- "(A) requires railroads to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as determined by the Secretary) for use, in violation of law, of alcohol or a controlled substance; "(B) requires, as the Secretary considers appropriate, disqualification for an established period of time or dismissal of any employee determined to have used or to have been impaired by alcohol while on duty; and "(C) requires, as the Secretary considers appropriate, disqualification for an established period of time or dismissal of any employee determined to have used a controlled substance, whether on duty or not on duty, except as permitted for medical purposes by law and any rules, regulations, standards, or orders issued under this title. The Secretary may also issue rules, regulations, standards, and orders, as the Secretary considers appropriate in the interest of safety, requiring railroads to conduct periodic testing of railroad employees responsible for such safety sensitive functions, for use of alcohol or a controlled substance in violation of law. Nothing in this subsection shall be construed to restrict the discretion of the Secretary to continue in force, amend, or further supplement any rules, regulations, standards, and orders governing the use of alcohol and controlled substances in railroad operations issued before the date of enactment of this subsection. "(2) In carrying out this subsection, the Secretary shall develop requirements which shall-- "(A) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples; "(B) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments thereto, including mandatory guidelines which-- "(i) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this subsection, including standards that require the use of the best available technology for ensuring the full reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples collected for controlled substances testing; "(ii) establish the minimum list of controlled substances for which persons may be tested; and "(iii) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this subsection; "(C) require that all laboratories involved in the controlled substances testing of any employee under this subsection shall have the capability and facility, at such laboratory, of performing screening and confirmation tests; "(D) provide that all tests which indicate the use, in violation of law, of alcohol or a controlled substance by any employee shall be confirmed by a scientifically recognized method of testing capable of providing quantitative data regarding alcohol or a controlled substance; "(E) provide that each specimen sample be subdivided, secured, and labeled in the presence of the tested person and that a portion thereof be retained in a secure manner to prevent the possibility of tampering, so that in the event the person's confirmation test results are positive the person has an opportunity to have the retained portion assayed by a confirmation test done independently at a second certified laboratory if the person requests the independent test within 3 days after being advised of the results of the confirmation test; "(F) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations as may be necessary and in consultation with the Department of Health and Human Services; "(G) provides for the confidentiality of test results and medical information (other than information relating to alcohol or a controlled substance) of employees, except that the provisions of this subparagraph shall not preclude the use of test results for the orderly imposition of appropriate sanctions under this subsection; and "(H) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances. "(3) The Secretary shall issue rules, regulations, standards, or orders setting forth requirements for rehabilitation programs which at a minimum provide for the identification and opportunity for treatment of railroad employees responsible for safety-sensitive functions (as determined by the Secretary) in need of assistance in resolving problems with the use, in violation of law, of alcohol or a controlled substance. Each railroad is encouraged to make such a program available to all of its employees in addition to those employees responsible for safety-sensitive functions. The Secretary shall determine the circumstances under which such employees shall be required to participate in such program. Nothing in this paragraph shall preclude a railroad from establishing a program under this paragraph in cooperation with any other railroad. "(4) In carrying out the provisions of this subsection, the Secretary shall establish requirements that are consistent with the international obligations of the United States, and the Secretary shall take into consideration any applicable laws and regulations of foreign countries. "(5) For the purposes of this subsection, the term 'controlled substance' means any substance under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified by the Secretary.". (e) AMENDMENT OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT.--(1) The Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.) is amended by adding at the end thereof the following new section: "SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. "(a) REGULATIONS.--The Secretary shall, in the interest of commercial motor vehicle safety, issue regulations not later than 12 months after the date of enactment of this section. Such regulations shall establish a program which requires motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of the operators of commercial motor vehicles for use, in violation of law, of alcohol or a controlled substance. The Secretary may also issue regulations, as the Secretary considers appropriate in the interest of safety, for the conduct of periodic testing of such operations for such use in violation of law. "(b) TESTING.-- "(1) POST-ACCIDENT TESTING.--In issuing such regulations, the Secretary shall require that post-accident testing of the operator of a commercial motor vehicle be conducted in the case of any accident involving a commercial motor vehicle in which occurs loss of human life, or, as determined by the Secretary, other serious accidents involving bodily injury or significant property damage. "(2) TESTING AS PART OF MEDICAL EXAMINATION.--Nothing in subsection (a) shall preclude the Secretary from providing in such regulations that such testing be conducted as part of the medical examination required by subpart E of part 391 of title 49, Code of Federal Regulations, with respect to operators of commercial motor vehicles to whom such part is applicable. "(c) PROGRAM FOR REHABILITATION.--The Secretary shall issue regulations setting forth requirements for rehabilitation programs which provide for the identification and opportunity for treatment of operators of commercial motor vehicles who are determined to have used, in violation of law or Federal regulation, alcohol or a controlled substance. The Secretary shall determine the circumstances under which such operators shall be required to participate in such program. Nothing in this subsection shall preclude a motor carrier from establishing a program under this subsection in cooperation with any other motor carrier. "(d) PROCEDURES FOR TESTING.--In establishing the program required under subsection (a) of this section, the Secretary shall develop requirements which shall-- "(1) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples; "(2) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any subsequent amendments thereto, including mandatory guidelines which-- "(A) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards which require the use of the best available technology for ensuring the full reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples collected for controlled substances testing; "(B) establish the minimum list of controlled substances for which individuals may be tested; and "(C) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section; "(3) require that all laboratories involved in the testing of any individual under this section shall have the capability and facility, at such laboratory, of performing screening and confirmation tests; "(4) provide that all tests which indicate the use, in violation of law or Federal regulation, of alcohol or a controlled substance by any individual shall be confirmed by a scientifically recognized method of testing capable of providing quantitative data regarding alcohol or a controlled substance; "(5) provide that each specimen sample be subdivided, secured, and labeled in the presence of the tested individual and that a portion thereof be retained in a secure manner to prevent the possibility of tampering, so that in the event the individual's confirmation test results are positive the individual has an opportunity to have the retained portion assayed by a confirmation test done independently at a second certified laboratory if the individual requests the independent test within 3 days after being advised of the results of the confirmation test; "(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations as may be necessary and in consultation with the Department of Health and Human Services; "(7) provide for the confidentiality of test results and medical information (other than information relating to alcohol or a controlled substance) of employees, except that the provisions of this paragraph shall not preclude the use of test results for the orderly imposition of appropriate sanctions under this section; and "(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances. "(e) EFFECT ON OTHER LAWS AND REGULATIONS.-- "(1) STATE AND LOCAL LAW AND REGULATIONS.--No State or local government shall adopt or have in effect any law, rule, regulation, ordinance, standard, or order that is inconsistent with the regulations issued under this section, except that the regulations issued under this section shall not be construed to preempt provisions of State criminal law which impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to commercial motor vehicle employees, or to the general public. "(2) OTHER REGULATIONS ISSUED BY SECRETARY.--Nothing in this section shall be construed to restrict the discretion of the Secretary to continue in force, amend, or further supplement any regulations governing the use of alcohol or controlled substances by commercial motor vehicle employees issued before the date of enactment of this section. "(3) INTERNATIONAL OBLIGATIONS.--In issuing regulations under this section, the Secretary shall only establish requirements that are consistent with the international obligations of the United States, and the Secretary shall take into consideration any applicable laws and regulations of foreign countries. "(f) APPLICATION OF PENALTIES.-- "(1) EFFECT ON OTHER PENALTIES.--Nothing in this section shall be construed to supersede any penalty applicable to the operator of a commercial motor vehicle under this title or any other provision of law.. "(2) DETERMINATION OF SANCTIONS.--The Secretary shall determine appropriate sanctions for commercial motor vehicle operators who are determined, as a result of tests conducted and confirmed under this section, to have used, in violation of law or Federal regulation, alcohol or a controlled substance but are not under the influence of alcohol or a controlled substance as provide in this title. "(g) DEFINITION.--(1) For the purposes of this section, the term 'controlled substance' means any substance under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified by the Secretary.". (2) The table of contents of the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570; 100 Stat. 5223) is amended by adding at the end thereof the following: "Sec. 12020. Alcohol and controlled substances testing.". (3) The Secretary shall design within 9 months after the date of enactment of this subsection, and implement within 15 months after the date of enactment of this subsection, a pilot test program for the purpose of testing the operators of commercial motor vehicles on a random basis to determine whether an operator has used, in violation of law or Federal regulation, alcohol or a controlled substance. The pilot test program shall be administered as part of the Motor Carrier Safety Assistance Program. (4) The Secretary shall solicit the participation of State which are interested in participating in such program and shall select four States to participate in the program. (5) The Secretary shall ensure that the states selected pursuant to this section are representative of varying geographical and population characteristics of the Nation and that the selection takes into consideration the historical geographical incidence of commercial motor vehicle accidents involving loss of human life. (6) The pilot program authorized by this section shall continue for a period of one year. The Secretary shall consider alternative methodologies for implementing a system of random testing of operators of commercial motor vehicles. (7) Not later than 30 months after the date of enactment of this section, the Secretary shall prepare and submit to the Congress a comprehensive report setting forth the results of the pilot program conducted under this subsection. Such report shall include any recommendations of the Secretary concerning the desirability and implementation of a system for the random testing of operators of commercial motor vehicles. (8) For the purposes of carrying out this subsection, there shall be available to the Secretary $5,000,000 from funds made available to carry out section 404 of the Surface Transportation Assistance Act of 1982 (49 App. U.S.C. 2304) for fiscal year 1990. (9) For the purposes of this subsection, the term "commercial motor vehicle" shall have the meaning given to such term in section 12019(6) of the Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2716(6)). (f) AMENDMENT OF THE URBAN MASS TRANSPORTATION ACT.--The Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new section: "ALCOHOL AND CONTROLLED SUBSTANCES TESTING "SEC. 26. (a) REGULATIONS.--The Secretary shall, in the interest of mass transportation safety, issue regulations within 12 months after the date of enactment of this section. Such regulations shall establish a program which requires each recipient of assistance under this Act to conduct preemployment, reasonable suspicion, random, and postaccident testing of the operators of mass transportation vehicles for use, in violation of law or Federal regulation, of alcohol or a controlled substance. The Secretary may also issue regulations, as the Secretary considers appropriate in the interest of safety, for the conduct of periodic recurring testing of such operators for such use in violation of law or Federal regulation. "(b) POSTACCIDENT TESTING.--In issuing such regulations, the Secretary shall require that postaccident testing of the operator of a mass transportation vehicle be conducted in the case of any accident involving a mass transportation vehicle in which occurs loss of human life, or, as determined by the Secretary, other serious accidents involving bodily injury or significant property damage. "(c) PROGRAM FOR REHABILITATION.--The Secretary shall issue regulations setting forth requirements for rehabilitation programs which provide for the identification and opportunity for treatment of operators of mass transportation vehicles who are determined to have used, in violation of law or Federal regulation, alcohol or a controlled substance. The Secretary shall determine the circumstances under which such operators shall be required to participate in such a program. Nothing in this subsection shall preclude a recipient from establishing a program under this subsection in cooperation with any other recipient. "(d) PROCEDURES FOR TESTING.--In establishing the program required under subsection (a) of this section, the Secretary shall develop requirements which shall-- "(1) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples; "(2) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any subsequent amendments thereto, including mandatory guidelines which-- "(A) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards which require the use of the best available technology for ensuring the full reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples collected for controlled substances testing; "(B) establish the minimum list of controlled substances for which individuals may be tested; and "(C) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section; "(3) require that all laboratories involved in the testing of any individual under this section shall have the capability and facility, at such laboratory, of performing screening and confirmation tests; "(4) provide that all tests which indicate the use, in violation of law or Federal regulation, of alcohol or a controlled substance by any individual shall be confirmed by a scientifically recognized method of testing capable of providing quantitative data regarding alcohol or a controlled substance; "(5) provide that each specimen sample be subdivided, secured, and labeled in the presence of the tested individual and that a portion thereof be retained in a secure manner to prevent the possibility of tampering, so that in the event the individual's confirmation test results are positive the individual has an opportunity to have the retained portion assayed by a confirmation test done independently at a second certified laboratory if the individual requests the independent test within 3 days after being advised of the results of the confirmation test; "(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations as may be necessary and in consultation with the Department of Health and Human Services; "(7) provide for the confidentiality of test results and medical information (other than information relating to alcohol or a controlled substance) of employees, except that the provisions of this paragraph shall not preclude the use of test results for the orderly imposition of appropriate sanctions under this section; and "(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances. "(e) EFFECT ON OTHER LAWS AND REGULATIONS.-- "(1) STATE AND LOCAL LAW AND REGULATIONS.--No State or local government shall adopt or have in effect any law, rule, regulation, ordinance, standard, or order that is inconsistent with the regulations issued under this section, except that the regulations issued under this section shall not be construed to preempt provisions of State criminal law which impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property. "(2) OTHER REGULATIONS ISSUED BY SECRETARY.--Nothing in this section shall be construed to restrict the discretion of the Secretary to continue in force, amend, or further supplement any regulations governing the use of alcohol or controlled substances by mass transportation employees issued before the date of enactment of this section. "(3) INTERNATIONAL OBLIGATIONS.--In issuing regulations under this section, the Secretary shall only establish requirements that are consistent with the international obligations of the United States, and the Secretary shall take into consideration any applicable laws and regulations of foreign countries. "(f) APPLICATION OF PENALTIES.-- "(1) EFFECT ON OTHER PENALTIES.--Nothing in this section shall be construed to supersede any penalty applicable under this title or any other provision of law.. "(2) DETERMINATION OF SANCTIONS.--The Secretary shall determine appropriate sanctions for mass transportation vehicle operators who are determined, as a result of tests conducted and confirmed under this section, to have used, in violation of law or Federal regulation, alcohol or a controlled substance but are not under the influence of alcohol or a controlled substance as provide in this title. "(g) DEFINITION.--(1) For the purposes of this section, the term 'controlled substance' means any substance under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified by the Secretary.". SEC. 208. MONETARY AWARDS FOR CERTAIN INFORMATION RELATING TO THE UNLAWFUL SALE OF CONTROLLED SUBSTANCES. Section 524z(c)(1) of title 28, United States Code is amended-- (1) by striking "Justice--" and inserting "Justice:"; (2) in subparagraph (A)-- (A) by striking "the" in the first place it appears and inserting "The"; and (B) by striking the semicolon at the end and inserting a period; and (3) in subparagraph (B)-- (A) by striking "the" the first place it appears and inserting "The"; and (B) by striking the semicolon at the end and inserting a period; and (4) in subparagraph (C)-- (A) by striking "the" the first place it appears and inserting "The"; and (B) by striking the semicolon at the end and inserting a period; (5) in subparagraph (D)-- (A) by striking "the" the first place it appears and inserting "The"; and (B) by striking the semicolon at the end and inserting a period; (6) in subparagraph (E)-- (A) by striking "disbursements" and inserting "Disbursements"; and (B) by striking the semicolon at the end and inserting a period; (7) in subparagraph (F)-- (A) by striking "for" the first place it appears and inserting "For"; and (B) by striking the semicolon at the end and inserting a period; (8) in subparagraph (G)-- (A) by striking "for" the first place it appears and inserting "For"; and (B) by striking the semicolon at the end and inserting a period; (9) in subparagraph (H)-- (A) by striking "after" and inserting "After"; (B) by striking "(H)" and inserting "(I)"; and (10) by inserting after subparagraph (G) the following: "(H)(i) For the payment of an award to any person or persons who provide information leading to the arrest and conviction under Federal law of any individual or individuals for the unlawful sale, or possession for sale, of a controlled substance or a controlled substance analogue. The aggregate amount of such award shall be equal to 50 percent of the fair market value (as of the date of forfeiture) of all property forfeited to the United States as a result of such conviction and pursuant to a law enforced or administered by the Department of Justice: _Provided_, That payment of such awards shall not reduce the amount of such moneys or property available for distribution to State and local law enforcement agencies. "(ii) For the payment to the State or States in which the Federal offense was committed by such individual or individuals, of an incentive award to encourage such State or States, at their option, to establish a program (including outreach) to pay rewards to persons who provide information leading to the arrest and conviction under State law of individuals for the unlawful sale, or possession for sale, of controlled substances or controlled substance analogues. The aggregate amount of such incentive award shall be equal to 5 percent of the fair market value (as of the date of forfeiture) of all property forfeited to the United States as a result of the convictions referred to in clause (i) and pursuant to a law enforced or administered by the Department of Justice. "(iii) For the purposes of this subparagraph-- "(I) the term 'controlled substance' has the meaning stated in section 102(6) of the Controlled Substances Act; "(II) the term 'controlled substance analogue' has the meaning stated in section 102(32) of the Controlled Substances Act; and "(III) the term 'individual' does not include an individual who is convicted under Federal or State law for the unlawful sale, or possession for sale, of a controlled substance or a controlled substances analogue.". TITLE III--AUTHORIZATION OF APPROPRIATIONS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. SEC. 302. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of any such provision or amendment to any person or circumstance is held invalid, the validity of any other such provision or amendment, and the application of such provisions or amendment to other persons and circumstances, shall not be affected thereby.

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