S 79 PCS

To encourage drug free and safe schools.

January 22, 2001

Mr. HELMS introduced the following bill; which was read the first time

January 23, 2001

Read the second time and placed on the calendar

To encourage drug free and safe schools.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Safe Schools Act of 2001'.

SEC. 2. SAFE SCHOOLS.

(a) AMENDMENTS TO THE GUN-FREE SCHOOLS ACT OF 1994- Part F of title XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended--

(1) in section 14601 (20 U.S.C. 8921)--

(A) in subsection (a)--

(i) by striking `Gun-Free' and inserting `Safe'; and

(ii) by striking `1994' and inserting `2001';

(B) in subsection (b)(1), by inserting after `determined' the following: `to be in possession of felonious quantities of an illegal drug, on school property under the jurisdiction of, or in a vehicle operated by an employee or agent of, a local educational agency in that State, or'; and

(C) in subsection (b)(4)--

(i) by striking `DEFINITIONS- For the purpose of this section, the' and inserting the following: `DEFINITIONS- For purposes of this section:

`(1) WEAPON- The'; and

(ii) by adding at the end the following:

`(2) ILLEGAL DRUG- The term `illegal drug' means a controlled substance, as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), the possession of which is unlawful under such Act (21 U.S.C. 801 et seq.) or under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), but does not include a controlled substance used pursuant to a valid prescription or as authorized by law.

`(3) ILLEGAL DRUG PARAPHERNALIA- The term `illegal drug paraphernalia' means drug paraphernalia, as defined in section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d)), except that the first sentence of that section shall be applied by inserting `or under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.)' before the period.

`(4) FELONIOUS QUANTITIES OF AN ILLEGAL DRUG- The term `felonious quantities of an illegal drug' means any quantity of an illegal drug--

`(A) possession of which (quantity) would, under Federal, State, or local law, either constitute a felony or indicate an intent to distribute; or

`(B) that is possessed with an intent to distribute.';

(D) in subsection (d)(2)(C), by inserting `illegal drugs or' before `weapons'; and

(E) by striking subsection (f);

(2) in section 14602(a) (20 U.S.C. 8922(a))--

(A) by inserting after `who' the following: `is in possession of an illegal drug, or illegal drug paraphernalia, on school property under the jurisdiction of, or in a vehicle operated by an employee or agent of, such agency, or who'; and

(B) by striking `served by' and inserting `under the jurisdiction of'; and

(3) in section 14603 (20 U.S.C. 8923)--

(A) in paragraph (1)--

(i) by striking `policy of the Department in effect on the date of enactment of the Improving America's Schools Act of 1994' and inserting `policy in effect on the date of enactment of the Safe Schools Act of 2001'; and

(ii) by adding `and' at the end;

(B) in paragraph (2)--

(i) by striking `engaging' and inserting `possessing illegal drugs, or illegal drug paraphernalia, on school property, or in vehicles operated by employees or agents of, schools or local educational agencies, or engaging'; and

(ii) by striking `; and' and inserting a period; and

(C) by striking paragraph (3).

(b) COMPLIANCE DATE; REPORTING-

(1) COMPLIANCE DATE- A State shall have 2 years from the date of enactment of this Act to comply with the requirements established under the amendments made by subsection (a).

(2) REPORTS-

(A) ON APPROACHES FOR DISCIPLINE- Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report analyzing the strengths and weaknesses of approaches regarding the disciplining of children with disabilities.

(B) ON COMPLIANCE- Not later than 3 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report on any State that is not in compliance with the requirements of this part.

Calendar No. 6

To encourage drug free and safe schools.

January 23, 2001

END