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FOCUS ISSUE:DRUG ABUSE

Focus Questions
Should Congress repeal a provision of The Higher Education Act of 1965 that prohibits people convicted of drug offenses from receiving financial assistance for college?

Should Congress pass a bill to carry out school based programs concerning the dangers of Methamphetamine (speed) abuse and addiction that gives students the responsibility to create their own anti-drug abuse education programs for their schools?

Should Congress enact mandatory minimum sentences for offenders over the age of 18 who have been convicted of minor drug offenses?


H.R. 1053-Reform of the Higher Education Act of 1965
Introduction
In 1998, Congress amended the Higher Education Act of 1965 (HEA) to include penalties for students who had been convicted of drug offenses. Under this act, students who had been convicted of either possession or distribution of a controlled substance would not be eligible to receive any grant, loan, or work assistance for a period of time specified in the law. This bill would amend the Act to repeal the provision to withhold financial assistance.

The Bill
H.R. 1053: To amend the Higher Education Act of 1965 to repeal the provisions prohibiting persons convicted of drug offenses from receiving student financial assistance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION I. REPEAL OF PROVISIONS PROHIBITING PERSONS CONVICTED OF DRUG OFFENSES FROM RECEIVING STUDENT FINANCIAL ASSISTANCE.

Subsection (r) of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091 (r) is repealed.

(f) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-

(1) AMENDMENT-Section 484 is amended by adding at the end thereof the following:
(r) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-

The Act to be amended reads as follows:

Higher Education Act of 1965

(1) IN GENERAL- A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:

If convicted of an offense involving:

The possession of a controlled substance: Ineligibility period is:

First offense- 1 year; Second offense- 2 years; Third offense- Indefinite

The sale of a controlled substance: Ineligibility period is:

First offense- 2 years; Second offense- Indefinite

(2) REHABILITATION- A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if—

the student satisfactorily completes a drug rehabilitation program that—

(i) complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and

(ii) includes two unannounced drug tests; or

(B) the conviction is reversed, set aside, or otherwise rendered nugatory.

Source: http://www.ed/gov/legislation/HEA/sec483.html


S. 562. Comprehensive Methamphetamine Abuse Reduction Act

Introduction

Methamphetamine, also known as "meth," "speed," or "ice," is a drug similar to cocaine in that it is a potent central nervous system stimulant. The following bill is part of this national campaign to decrease the use of methamphetamines by juveniles. The bill focuses on education in schools and communities with a special focus on areas that are expected to have a great increase in the use of methamphetamines. This comprehensive bill deals with distribution, use, production, and prevention.


The Bill

S. 562. SEC. 2. EXPANDING METHAMPHETAMINE ABUSE PREVENTION EFFORTS.

Section 515 of the Public Health Service Act (42 U.S.C. 290bb-21) is amended by adding at the end the following:

(e) PREVENTION OF METHAMPHETAMINE ABUSE AND ADDICTION-

(1) GRANTS-        The Director Of the Center for Substance Abuse Prevention (referred to in this section as the 'Director') may make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to enable such entities—

(A) to carry out school-based programs concerning the dangers of methamphetamine abuse and addiction using methods that are effective and evidence-based including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and
(B)
 to carry out community based methamphetamine abuse and addiction prevention programs that are effective and evidence based.

(2) USE OF FUNDS- Amounts made available under a grant, contract or cooperative agreement under paragraph (1) shall be used for planning, establishing, or administering methamphetamine prevention programs in accordance with paragraph (3)

(3) PREVENTION PROGRAMS AND ACTIVITIES-

(A) IN GENERAL- Amounts provided under this subsection may be used—
  1. to carry out school-based programs that are focused on those districts with high or increasing rates of methamphetamine abuse and addiction and targeted at populations which are most at risk to start methamphetamine abuse;
  2. to carry out community-based prevention programs that are focused on those populations within the community that are most at-risk for methamphetamine abuse and addiction;
  3. to assist local government entities to conduct appropriate methamphetamine prevention activities;
  4. to train and educate State and local law enforcement officials, prevention and education officials, members of community anti-drug coalitions and parents on the signs of methamphetamine abuse and addiction and the options for treatment and prevention;
  5. for planning, administration, and educational activities related to the prevention of methamphetamine abuse and addiction;
  6. for the monitoring and evaluation of methamphetamine prevention activities, and reporting and disseminating resulting information to the public; and (etc.)
Source: http://thomas.loc.gov (search by bill number)


H.R. 2037 To Combat Youth Violence and to Protect Children from Violent Crime
Introduction

Part of this bill would amend the Controlled Substances Act to include mandatory minimum penalties for a number of drug offenses that involve children—specifically, for using minors in drug operations, distributing drugs to minors, and trafficking in or near a school or other protected area.

The Bill
H.R 2037—Child Safety and Youth Violence Prevention Act of 1999

Title VI: Punishing Gang Violence and Drug Trafficking to Minors-Amends the Controlled Substances Act (CSA) to increase mandatory minimum penalties for :
(1) employing or using persons under age 18 in drug operations;
(2) distributing drugs to minors; and
(3) drug trafficking in or near a school or other protected location.

Source: http://thomas.loc.gov (search for bill by number)
Links


Drug Abuse


H.R. 1053

S. 562

H.R. 2037


Last updated: January 2, 2002

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