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.
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‘‘(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.
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‘‘(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-theart practices that the Director determines to be effective in

reducing substance abuse; and
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‘‘(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
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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 selfsustaining.

‘‘(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—
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‘‘(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
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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
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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;
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‘‘(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
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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.
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‘‘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.