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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 956 Enrolled Bill (ENR)]

        H.R.956

                       One Hundred Fifth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven

                                 An Act

 
 To amend the National Narcotics Leadership Act of 1988 to establish a 
     program to support and encourage local communities that first 
 demonstrate a comprehensive, long-term commitment to reduce substance 
               abuse among youth, and for other purposes.

    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 ``Drug-Free Communities Act of 1997''.

SEC. 2. NATIONAL DRUG CONTROL PROGRAM.

    (a) In General.--The National Narcotics Leadership Act of 1988 (21 
U.S.C. 1501 et seq.) is amended--
        (1) by inserting between sections 1001 and 1002 the following:

         ``CHAPTER 1--OFFICE OF NATIONAL DRUG CONTROL POLICY'';

    and
        (2) by adding at the end the following:

                   ``CHAPTER 2--DRUG-FREE COMMUNITIES

``SEC. 1021. FINDINGS.

    ``Congress finds the following:
        ``(1) Substance abuse among youth has more than doubled in the 
    5-year period preceding 1996, with substantial increases in the use 
    of marijuana, inhalants, cocaine, methamphetamine, LSD, and heroin.
        ``(2) The most dramatic increases in substance abuse has 
    occurred among 13- and 14-year-olds.
        ``(3) Casual or periodic substance abuse by youth today will 
    contribute to hard core or chronic substance abuse by the next 
    generation of adults.
        ``(4) Substance abuse is at the core of other problems, such as 
    rising violent teenage and violent gang crime, increasing health 
    care costs, HIV infections, teenage pregnancy, high school 
    dropouts, and lower economic productivity.
        ``(5) Increases in substance abuse among youth are due in large 
    part to an erosion of understanding by youth of the high risks 
    associated with substance abuse, and to the softening of peer norms 
    against use.
        ``(6)(A) Substance abuse is a preventable behavior and a 
    treatable disease; and
        ``(B)(i) during the 13-year period beginning with 1979, monthly 
    use of illegal drugs among youth 12 to 17 years of age declined by 
    over 70 percent; and
        ``(ii) data suggests that if parents would simply talk to their 
    children regularly about the dangers of substance abuse, use among 
    youth could be expected to decline by as much as 30 percent.
        ``(7) Community anti-drug coalitions throughout the United 
    States are successfully developing and implementing comprehensive, 
    long-term strategies to reduce substance abuse among youth on a 
    sustained basis.
        ``(8) Intergovernmental cooperation and coordination through 
    national, State, and local or tribal leadership and partnerships 
    are critical to facilitate the reduction of substance abuse among 
    youth in communities throughout the United States.

``SEC. 1022. PURPOSES.

    ``The purposes of this chapter are--
        ``(1) to reduce substance abuse among youth in communities 
    throughout the United States, and over time, to reduce substance 
    abuse among adults;
        ``(2) to strengthen collaboration among communities, the 
    Federal Government, and State, local, and tribal governments;
        ``(3) to enhance intergovernmental cooperation and coordination 
    on the issue of substance abuse among youth;
        ``(4) to serve as a catalyst for increased citizen 
    participation and greater collaboration among all sectors and 
    organizations of a community that first demonstrates a long-term 
    commitment to reducing substance abuse among youth;
        ``(5) to rechannel resources from the fiscal year 1998 Federal 
    drug control budget to provide technical assistance, guidance, and 
    financial support to communities that demonstrate a long-term 
    commitment in reducing substance abuse among youth;
        ``(6) to disseminate to communities timely information 
    regarding the state-of-the-art practices and initiatives that have 
    proven to be effective in reducing substance abuse among youth;
        ``(7) to enhance, not supplant, local community initiatives for 
    reducing substance abuse among youth; and
        ``(8) to encourage the creation of and support for community 
    anti-drug coalitions throughout the United States.

``SEC. 1023. DEFINITIONS.

    ``In this chapter:
        ``(1) Administrator.--The term `Administrator' means the 
    Administrator appointed by the Director under section 1031(c).
        ``(2) Advisory commission.--The term `Advisory Commission' 
    means the Advisory Commission established under section 1041.
        ``(3) Community.--The term `community' shall have the meaning 
    provided that term by the Administrator, in consultation with the 
    Advisory Commission.
        ``(4) Director.--The term `Director' means the Director of the 
    Office of National Drug Control Policy.
        ``(5) Eligible coalition.--The term `eligible coalition' means 
    a coalition that meets the applicable criteria under section 
    1032(a).
        ``(6) Grant recipient.--The term `grant recipient' means the 
    recipient of a grant award under section 1032.
        ``(7) Nonprofit organization.--The term `nonprofit 
    organization' means an organization described under section 
    501(c)(3) of the Internal Revenue Code of 1986 that is exempt from 
    taxation under section 501(a) of the Internal Revenue Code of 1986.
        ``(8) Program.--The term `Program' means the program 
    established under section 1031(a).
        ``(9) Substance abuse.--The term `substance abuse' means--
            ``(A) the illegal use or abuse of drugs, including 
        substances listed in schedules I through V of section 112 of 
        the Controlled Substances Act (21 U.S.C. 812);
            ``(B) the abuse of inhalants; or
            ``(C) the use of alcohol, tobacco, or other related product 
        as such use is prohibited by State or local law.
        ``(10) Youth.--The term `youth' shall have the meaning provided 
    that term by the Administrator, in consultation with the Advisory 
    Commission.

``SEC. 1024. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Office of National Drug Control Policy to carry out this chapter--
        ``(1) $10,000,000 for fiscal year 1998;
        ``(2) $20,000,000 for fiscal year 1999;
        ``(3) $30,000,000 for fiscal year 2000;
        ``(4) $40,000,000 for fiscal year 2001; and
        ``(5) $43,500,000 for fiscal year 2002.
    ``(b) Administrative Costs.--Not more than the following 
percentages of the amounts authorized under subsection (a) may be used 
to pay administrative costs:
        ``(1) 10 percent for fiscal year 1998.
        ``(2) 6 percent for fiscal year 1999.
        ``(3) 4 percent for fiscal year 2000.
        ``(4) 3 percent for fiscal year 2001.
        ``(5) 3 percent for fiscal year 2002.

         ``Subchapter I--Drug-Free Communities Support Program

``SEC. 1031. ESTABLISHMENT OF DRUG-FREE COMMUNITIES SUPPORT PROGRAM.

    ``(a) Establishment.--The Director shall establish a program to 
support communities in the development and implementation of 
comprehensive, long-term plans and programs to prevent and treat 
substance abuse among youth.
    ``(b) Program.--In carrying out the Program, the Director shall--
        ``(1) make and track grants to grant recipients;
        ``(2) provide for technical assistance and training, data 
    collection, and dissemination of information on state-of-the-art 
    practices that the Director determines to be effective in reducing 
    substance abuse; and
        ``(3) provide for the general administration of the Program.
    ``(c) Administration.--Not later than 30 days after receiving 
recommendations from the Advisory Commission under section 1042(a)(1), 
the Director shall appoint an Administrator to carry out the Program.
    ``(d) Contracting.--The Director may employ any necessary staff and 
may enter into contracts or agreements with national drug control 
agencies, including interagency agreements to delegate authority for 
the execution of grants and for such other activities necessary to 
carry out this chapter.

``SEC. 1032. PROGRAM AUTHORIZATION.

    ``(a) Grant Eligibility.--To be eligible to receive an initial 
grant or a renewal grant under this subchapter, a coalition shall meet 
each of the following criteria:
        ``(1) Application.--The coalition shall submit an application 
    to the Administrator in accordance with section 1033(a)(2).
        ``(2) Major sector involvement.--
            ``(A) In general.--The coalition shall consist of 1 or more 
        representatives of each of the following categories:
                ``(i) Youth.
                ``(ii) Parents.
                ``(iii) Businesses.
                ``(iv) The media.
                ``(v) Schools.
                ``(vi) Organizations serving youth.
                ``(vii) Law enforcement.
                ``(viii) Religious or fraternal organizations.
                ``(ix) Civic and volunteer groups.
                ``(x) Health care professionals.
                ``(xi) State, local, or tribal governmental agencies 
            with expertise in the field of substance abuse (including, 
            if applicable, the State authority with primary authority 
            for substance abuse).
                ``(xii) Other organizations involved in reducing 
            substance abuse.
            ``(B) Elected officials.--If feasible, in addition to 
        representatives from the categories listed in subparagraph (A), 
        the coalition shall have an elected official (or a 
        representative of an elected official) from--
                ``(i) the Federal Government; and
                ``(ii) the government of the appropriate State and 
            political subdivision thereof or the governing body or an 
            Indian tribe (as that term is defined in section 4(e) of 
            the Indian Self-Determination Act (25 U.S.C. 450b(e))).
            ``(C) Representation.--An individual who is a member of the 
        coalition may serve on the coalition as a representative of not 
        more than 1 category listed under subparagraph (A).
        ``(3) Commitment.--The coalition shall demonstrate, to the 
    satisfaction of the Administrator--
            ``(A) that the representatives of the coalition have worked 
        together on substance abuse reduction initiatives, which, at a 
        minimum, includes initiatives that target drugs referenced in 
        section 1023(9)(A), for a period of not less than 6 months, 
        acting through entities such as task forces, subcommittees, or 
        community boards; and
            ``(B) substantial participation from volunteer leaders in 
        the community involved (especially in cooperation with 
        individuals involved with youth such as parents, teachers, 
        coaches, youth workers, and members of the clergy).
        ``(4) Mission and strategies.--The coalition shall, with 
    respect to the community involved--
            ``(A) have as its principal mission the reduction of 
        substance abuse, which, at a minimum, includes the use and 
        abuse of drugs referenced in section 1023(9)(A), in a 
        comprehensive and long-term manner, with a primary focus on 
        youth in the community;
            ``(B) describe and document the nature and extent of the 
        substance abuse problem, which, at a minimum, includes the use 
        and abuse of drugs referenced in section 1023(9)(A), in the 
        community;
            ``(C)(i) provide a description of substance abuse 
        prevention and treatment programs and activities, which, at a 
        minimum, includes programs and activities relating to the use 
        and abuse of drugs referenced in section 1023(9)(A), in 
        existence at the time of the grant application; and
            ``(ii) identify substance abuse programs and service gaps, 
        which, at a minimum, includes programs and gaps relating to the 
        use and abuse of drugs referenced in section 1023(9)(A), in the 
        community;
            ``(D) develop a strategic plan to reduce substance abuse 
        among youth, which, at a minimum, includes the use and abuse of 
        drugs referenced in section 1023(9)(A), in a comprehensive and 
        long-term fashion; and
            ``(E) work to develop a consensus regarding the priorities 
        of the community to combat substance abuse among youth, which, 
        at a minimum, includes the use and abuse of drugs referenced in 
        section 1023(9)(A).
        ``(5) Sustainability.--The coalition shall demonstrate that the 
    coalition is an ongoing concern by demonstrating that the 
    coalition--
            ``(A) is--
                ``(i)(I) a nonprofit organization; or
                ``(II) an entity that the Administrator determines to 
            be appropriate; or
                ``(ii) part of, or is associated with, an established 
            legal entity;
            ``(B) receives financial support (including, in the 
        discretion of the Administrator, in-kind contributions) from 
        non-Federal sources; and
            ``(C) has a strategy to solicit substantial financial 
        support from non-Federal sources to ensure that the coalition 
        and the programs operated by the coalition are self-sustaining.
        ``(6) Accountability.--The coalition shall--
            ``(A) establish a system to measure and report outcomes--
                ``(i) consistent with common indicators and evaluation 
            protocols established by the Administrator; and
                ``(ii) approved by the Administrator;
             ``(B) conduct--
                ``(i) for an initial grant under this subchapter, an 
            initial benchmark survey of drug use among youth (or use 
            local surveys or performance measures available or 
            accessible in the community at the time of the grant 
            application); and
                ``(ii) biennial surveys (or incorporate local surveys 
            in existence at the time of the evaluation) to measure the 
            progress and effectiveness of the coalition; and
            ``(C) provide assurances that the entity conducting an 
        evaluation under this paragraph, or from which the coalition 
        receives information, has experience--
                ``(i) in gathering data related to substance abuse 
            among youth; or
                ``(ii) in evaluating the effectiveness of community 
            anti-drug coalitions.
    ``(b) Grant Amounts.--
        ``(1) In general.--
            ``(A) Grants.--
                ``(i) In general.--Subject to clause (iv), for a fiscal 
            year, the Administrator may grant to an eligible coalition 
            under this paragraph, an amount not to exceed the amount of 
            non-Federal funds raised by the coalition, including in-
            kind contributions, for that fiscal year.
                ``(ii) Suspension of grants.--If such grant recipient 
            fails to continue to meet the criteria specified in 
            subsection (a), the Administrator may suspend the grant, 
            after providing written notice to the grant recipient and 
            an opportunity to appeal.
                ``(iii) Renewal grants.--Subject to clause (iv), the 
            Administrator may award a renewal grant to a grant 
            recipient under this subparagraph for each fiscal year 
            following the fiscal year for which an initial grant is 
            awarded, in an amount not to exceed the amount of non-
            Federal funds raised by the coalition, including in-kind 
            contributions, for that fiscal year, during the 4-year 
            period following the period of the initial grant.
                ``(iv) Limitation.--The amount of a grant award under 
            this subparagraph may not exceed $100,000 for a fiscal 
            year.
            ``(B) Coalition awards.--
                ``(i) In general.--Except as provided in clause (ii), 
            the Administrator may, with respect to a community, make a 
            grant to 1 eligible coalition that represents that 
            community.
                ``(ii) Exception.--The Administrator may make a grant 
            to more than 1 eligible coalition that represents a 
            community if--

                    ``(I) the eligible coalitions demonstrate that the 
                coalitions are collaborating with one another; and
                    ``(II) each of the coalitions has independently met 
                the requirements set forth in subsection (a).

        ``(2) Rural coalition grants.--
            ``(A) In general.--
                ``(i) In general.--In addition to awarding grants under 
            paragraph (1), to stimulate the development of coalitions 
            in sparsely populated and rural areas, the Administrator, 
            in consultation with the Advisory Commission, may award a 
            grant in accordance with this section to a coalition that 
            represents a county with a population that does not exceed 
            30,000 individuals. In awarding a grant under this 
            paragraph, the Administrator may waive any requirement 
            under subsection (a) if the Administrator considers that 
            waiver to be appropriate.
                ``(ii) Matching requirement.--Subject to subparagraph 
            (C), for a fiscal year, the Administrator may grant to an 
            eligible coalition under this paragraph, an amount not to 
            exceed the amount of non-Federal funds raised by the 
            coalition, including in-kind contributions, for that fiscal 
            year.
                ``(iii) Suspension of grants.--If such grant recipient 
            fails to continue to meet any criteria specified in 
            subsection (a) that has not been waived by the 
            Administrator pursuant to clause (i), the Administrator may 
            suspend the grant, after providing written notice to the 
            grant recipient and an opportunity to appeal.
            ``(B) Renewal grants.--The Administrator may award a 
        renewal grant to an eligible coalition that is a grant 
        recipient under this paragraph for each fiscal year following 
        the fiscal year for which an initial grant is awarded, in an 
        amount not to exceed the amount of non-Federal funds raised by 
        the coalition, including in-kind contributions, during the 4-
        year period following the period of the initial grant.
            ``(C) Limitations.--
                ``(i) Amount.--The amount of a grant award under this 
            paragraph shall not exceed $100,000 for a fiscal year.
                ``(ii) Awards.--With respect to a county referred to in 
            subparagraph (A), the Administrator may award a grant under 
            this section to not more than 1 eligible coalition that 
            represents the county.

``SEC. 1033. INFORMATION COLLECTION AND DISSEMINATION WITH RESPECT TO 
              GRANT RECIPIENTS.

    ``(a) Coalition Information.--
        ``(1) General auditing authority.--For the purpose of audit and 
    examination, the Administrator--
            ``(A) shall have access to any books, documents, papers, 
        and records that are pertinent to any grant or grant renewal 
        request under this chapter; and
            ``(B) may periodically request information from a grant 
        recipient to ensure that the grant recipient meets the 
        applicable criteria under section 1032(a).
        ``(2) Application process.--The Administrator shall issue a 
    request for proposal regarding, with respect to the grants awarded 
    under section 1032, the application process, grant renewal, and 
    suspension or withholding of renewal grants. Each application under 
    this paragraph shall be in writing and shall be subject to review 
    by the Administrator.
        ``(3) Reporting.--The Administrator shall, to the maximum 
    extent practicable and in a manner consistent with applicable law, 
    minimize reporting requirements by a grant recipient and expedite 
    any application for a renewal grant made under this subchapter.
    ``(b) Data Collection and Dissemination.--
        ``(1) In general.--The Administrator may collect data from--
            ``(A) national substance abuse organizations that work with 
        eligible coalitions, community anti-drug coalitions, 
        departments or agencies of the Federal Government, or State or 
        local governments and the governing bodies of Indian tribes; 
        and
            ``(B) any other entity or organization that carries out 
        activities that relate to the purposes of the Program.
        ``(2) Activities of administrator.--The Administrator may--
            ``(A) evaluate the utility of specific initiatives relating 
        to the purposes of the Program;
            ``(B) conduct an evaluation of the Program; and
            ``(C) disseminate information described in this subsection 
        to--
                ``(i) eligible coalitions and other substance abuse 
            organizations; and
                ``(ii) the general public.

``SEC. 1034. TECHNICAL ASSISTANCE AND TRAINING.

    ``(a) In General.--
        ``(1) Technical assistance and agreements.--With respect to any 
    grant recipient or other organization, the Administrator may--
            ``(A) offer technical assistance and training; and
            ``(B) enter into contracts and cooperative agreements.
        ``(2) Coordination of programs.--The Administrator may 
    facilitate the coordination of programs between a grant recipient 
    and other organizations and entities.
    ``(b) Training.--The Administrator may provide training to any 
representative designated by a grant recipient in--
        ``(1) coalition building;
        ``(2) task force development;
        ``(3) mediation and facilitation, direct service, assessment 
    and evaluation; or
        ``(4) any other activity related to the purposes of the 
    Program.

                  ``Subchapter II--Advisory Commission

``SEC. 1041. ESTABLISHMENT OF ADVISORY COMMISSION.

    ``(a) Establishment.--There is established a commission to be known 
as the `Advisory Commission on Drug-Free Communities'.
    ``(b) Purpose.--The Advisory Commission shall advise, consult with, 
and make recommendations to the Director concerning matters related to 
the activities carried out under the Program.

``SEC. 1042. DUTIES.

    ``(a) In General.--The Advisory Commission--
        ``(1) shall, not later than 30 days after its first meeting, 
    make recommendations to the Director regarding the selection of an 
    Administrator;
        ``(2) may make recommendations to the Director regarding any 
    grant, contract, or cooperative agreement made by the Program;
        ``(3) may make recommendations to the Director regarding the 
    activities of the Program;
        ``(4) may make recommendations to the Director regarding any 
    policy or criteria established by the Director to carry out the 
    Program;
        ``(5) may--
            ``(A) collect, by correspondence or by personal 
        investigation, information concerning initiatives, studies, 
        services, programs, or other activities of coalitions or 
        organizations working in the field of substance abuse in the 
        United States or any other country; and
            ``(B) with the approval of the Director, make the 
        information referred to in subparagraph (A) available through 
        appropriate publications or other methods for the benefit of 
        eligible coalitions and the general public; and
        ``(6) may appoint subcommittees and convene workshops and 
    conferences.
    ``(b) Recommendations.--If the Director rejects any recommendation 
of the Advisory Commission under subsection (a)(1), the Director shall 
notify the Advisory Commission in writing of the reasons for the 
rejection not later than 15 days after receiving the recommendation.
    ``(c) Conflict of Interest.--A member of the Advisory Commission 
shall recuse himself or herself from any decision that would constitute 
a conflict of interest.

``SEC. 1043. MEMBERSHIP.

    ``(a) In General.--The President shall appoint 11 members to the 
Advisory Commission as follows:
        ``(1) four members shall be appointed from the general public 
    and shall include leaders--
            ``(A) in fields of youth development, public policy, law, 
        or business; or
            ``(B) of nonprofit organizations or private foundations 
        that fund substance abuse programs.
        ``(2) four members shall be appointed from the leading 
    representatives of national substance abuse reduction 
    organizations, of which no fewer than three members shall have 
    extensive training or experience in drug prevention.
        ``(3) three members shall be appointed from the leading 
    representatives of State substance abuse reduction organizations.
    ``(b) Chairperson.--The Advisory Commission shall elect a 
chairperson or co-chairpersons from among its members.
    ``(c) Ex Officio Members.--The ex officio membership of the 
Advisory Commission shall consist of any two officers or employees of 
the United States that the Director determines to be necessary for the 
Advisory Commission to effectively carry out its functions.

``SEC. 1044. COMPENSATION.

    ``(a) In General.--Members of the Advisory Commission who are 
officers or employees of the United States shall not receive any 
additional compensation for service on the Advisory Commission. The 
remaining members of the Advisory Commission shall receive, for each 
day (including travel time) that they are engaged in the performance of 
the functions of the Advisory Commission, compensation at rates not to 
exceed the daily equivalent to the annual rate of basic pay payable for 
grade GS-10 of the General Schedule.
    ``(b) Travel Expenses.--Each member of the Advisory Commission 
shall receive travel expenses, including per diem in lieu of 
subsistence, in accordance with sections 5702 and 5703 of title 5, 
United States Code.

``SEC. 1045. TERMS OF OFFICE.

    ``(a) In General.--Subject to subsection (b), the term of office of 
a member of the Advisory Commission shall be 3 years, except that, as 
designated at the time of appointment--
        ``(1) of the initial members appointed under section 
    1043(a)(1), two shall be appointed for a term of 2 years;
        ``(2) of the initial members appointed under section 
    1043(a)(2), two shall be appointed for a term of 2 years; and
        ``(3) of the initial members appointed under section 
    1043(a)(3), one shall be appointed for a term of 1 year.
    ``(b) Vacancies.--Any member appointed to fill a vacancy for an 
unexpired term of a member shall serve for the remainder of the 
unexpired term. A member of the Advisory Commission may serve after the 
expiration of such member's term until a successor has been appointed 
and taken office.

``SEC. 1046. MEETINGS.

    ``(a) In General.--After its initial meeting, the Advisory 
Commission shall meet, with the advanced approval of the Administrator, 
at the call of the Chairperson (or Co-chairpersons) of the Advisory 
Commission or a majority of its members or upon the request of the 
Director or Administrator of the Program.
    ``(b) Quorum.--Six members of the Advisory Commission shall 
constitute a quorum.

``SEC. 1047. STAFF.

    ``The Administrator shall make available to the Advisory Commission 
adequate staff, information, and other assistance.

``SEC. 1048. TERMINATION.

    ``The Advisory Commission shall terminate at the end of fiscal year 
2002.''.
    (b) References.--Each reference in Federal law to subtitle A of the 
Anti-Drug Abuse Act of 1988, with the exception of section 1001 of such 
subtitle, in any provision of law that is in effect on the day before 
the date of enactment of this Act shall be deemed to be a reference to 
chapter 1 of the National Narcotics Leadership Act of 1988 (as so 
designated by this section).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```