II 

Calendar No. 348 

111TH CONGRESS 

2D SESSION S. 3031 

To authorize Drug Free Communities enhancement grants to address major 

emerging drug issues or local drug crises. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2010 

Mr. LEAHY (for himself, Mr. GRASSLEY, Mr. SCHUMER, and Mrs. 

GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

APRIL 15, 2010 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To authorize Drug Free Communities enhancement grants 

to address major emerging drug issues or local drug crises. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drug Free Commu5 nities Enhancement Act of 2010’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The epidemiology of drug use indicates that 

4 emerging drug trends increase over a short period of 

5 time and tend to cluster in discrete geographic 

6 areas. Historical evidence shows that emerging local 

7 drug issues and crises can be stopped or mitigated 

8 before they spread to other areas, if they are identi9 fied quickly and addressed in a comprehensive multi10 sector manner. 

11 (2) Federal investments in drug prevention 

12 should not be solely based on national data and 

13 trends, but must be flexible enough to address 

14 emerging local problems and local drug crises before 

15 they become national trends. 

16 (3) Successful drug prevention must be based 

17 on local data and involve multiple community sectors 

18 in planning and implementing specifically targeted 

19 strategies that respond to the unique drug problems 

20 of the community. 

21 (4) Data and outcomes show that effective com22 munity coalitions can markedly reduce local drug 

23 use rates for drugs such as marijuana and inhalants 

24 among school-aged youth. 

25 (5) Community coalitions are singularly situ26 ated to deal with emerging drug issues and local 


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1 drug crises, such as methamphetamine, cheese (a 

2 mixture of black tar heroin and Tylenol PM), and 

3 prescription and non-prescription drug abuse be4 cause the community coalitions are organized, data 

5 driven, and take a comprehensive, multi-sector ap6 proach to solving and addressing locally identified 

7 drug problems. 

8 (6) Providing enhancement grants to coalitions 

9 to address emerging local drug issues or local drug 

10 crises is a cost effective way to deal with these drug 

11 issues. This approach builds on existing infrastruc12 tures with proven results that include all of the rel13 evant community sectors needed to comprehensively 

14 address specific emerging drug issues and crises, 

15 and guards against using Federal funding to create 

16 duplicative community based infrastructures for sub17 stance abuse prevention. 

18 SEC. 3. COMMUNITY-BASED COALITION ENHANCEMENT 

19 GRANTS TO ADDRESS EMERGING DRUG 

20 ISSUES OR LOCAL DRUG CRISES. 

21 (a) DEFINITIONS.—In this section— 

22 (1) the term ‘‘Director’’ means the Director of 

23 the Office of National Drug Control Policy; 

24 (2) the term ‘‘drug’’ means— 


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1 (A) a substance listed on schedule I, II, 

2 III, IV, or V of section 202 of the Controlled 

3 Substances Act (21 U.S.C. 812(c)); 

4 (B) inhalants; 

5 (C) if used in a manner that is illegal, a 

6 prescription or over the counter drug or medi7 cine; and 

8 (D) another mind altering substance with 

9 the potential for abuse, as determined by the 

10 Director, not listed on a schedule of section 

11 202(c) of the Controlled Substance Act (21 

12 U.S.C. 812(c)); 

13 (3) the term ‘‘emerging local drug issue’’ 

14 means, with respect to the area served by an eligible 

15 entity, a sudden increase in the use or abuse of a 

16 particular drug in the community, as documented by 

17 local data; 

18 (4) the term ‘‘local drug crisis’’ means, with re19 spect to the area served by an eligible entity, the use 

20 of a specific drug in the area at levels that are sig21 nificantly higher than the national average, over a 

22 sustained period of time, as documented by local 

23 data; and 

24 (5) the term ‘‘eligible entity’’ means an organi25 zation that— 


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1 (A) is receiving or has received a grant 

2 under chapter 2 of title I of the National Nar3 cotics Leadership Act of 1988 (21 U.S.C. 1521 

4 et seq.) (commonly known as the Drug-Free 

5 Communities Act of 1997); and 

6 (B) has documented, using local data— 

7 (i) for an emerging local drug issue— 

8 (I) rates of drug use and abuse 

9 above the national average, as deter10 mined by the Director (including ap11 propriate consideration of the Moni12 toring of the Future Survey published 

13 by the Department of Health and 

14 Human Services), for comparable time 

15 periods; or 

16 (II) if national data is not avail17 able, at the discretion of the Director, 

18 high rates of drug use or abuse based 

19 solely on valid local data; or 

20 (ii) for a local drug crisis— 

21 (I) rates of use and abuse for a 

22 specific drug at levels that are signifi23 cantly higher than the national aver24 age, as determined by the Director 

25 (including appropriate consideration 


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1 of the Monitoring of the Future Sur2 vey published by the Department of 

3 Health and Human Services and the 

4 National Survey on Drug Use and 

5 Health by the Substance Abuse and 

6 Mental Health Service Administra7 tion); and 

8 (II) rates of use and abuse for a 

9 specific drug that continue over a sus10 tained period of time, as determined 

11 by the Director. 

12 (b) AUTHORIZATION OF PROGRAM.—The Director 

13 may make enhancement grants to eligible entities to im14 plement comprehensive community-wide strategies that 

15 address emerging local drug issues or local drug crises 

16 within the area served by the eligible entity. 

17 (c) APPLICATION.— 

18 (1) IN GENERAL.—An eligible entity desiring an 

19 enhancement grant under this section shall submit 

20 an application to the Director at such time, in such 

21 manner, and accompanied by such information as 

22 the Director may require. 

23 (2) CRITERIA.—As part of an application for a 

24 grant under this section, the Director shall require 

25 an eligible entity to submit a detailed, comprehenVerDate Nov 24 2008 23:19 Apr 15, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S3031.RS S3031

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1 sive, multi-sector plan for addressing the emerging 

2 local drug issue or local drug crises within the area 

3 served by the eligible entity. 

4 (d) USES OF FUNDS.—A grant under this section 

5 shall be used to— 

6 (1) implement comprehensive, community-wide 

7 prevention strategies to address an emerging local 

8 drug issue or drug crises in the area served by an 

9 eligible entity, in accordance with the plan submitted 

10 under subsection (c)(2); and 

11 (2) obtain specialized training and technical as12 sistance from the entity receiving a grant under sec13 tion 4 of Public Law 107–82 (21 U.S.C. 1521 note). 

14 (e) GRANT AMOUNTS.— 

15 (1) IN GENERAL.—The total amount of grant 

16 funds awarded to an eligible entity for a fiscal year 

17 may not exceed the amount of non-Federal funds 

18 raised by the eligible entity, including in-kind con19 tributions, for that fiscal year. 

20 (2) GRANT AWARDS.—A grant under this sec21 tion shall— 

22 (A) be made for a period of not more than 

23 4 years; and 

24 (B) be for not more than $75,000 per 

25 year. 


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1 (f) SUPPLEMENT NOT SUPPLANT.—Grant funds pro2 vided under this section shall be used to supplement, not 

3 supplant, Federal and non-Federal funds available for car4 rying out the activities described in this section. 

5 (g) EVALUATION.—A grant under this section shall 

6 be subject to the same evaluation requirements and proce7 dures as the evaluation requirements and procedures im8 posed on the recipient of a grant under chapter 2 of title 

9 I of the National Narcotics Leadership Act of 1988 (21 

10 U.S.C. 1521 et seq.) (commonly known as the Drug-Free 

11 Communities Act of 1997). 

12 (h) ADMINISTRATIVE EXPENSES.—Not more than 5 

13 percent of the amount appropriated to carry out this sec14 tion for any fiscal year may be used by the Director for 

15 administrative expenses. 

16 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated $5,000,000 for each of 

18 fiscal years 2011 through 2015 to carry out this section. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Drug Free Communities 

21 Enhancement Act of 2010’’. 

22 SEC. 2. FINDINGS. 

23 Congress finds the following: 

24 (1) The epidemiology of drug use indicates that 

25 emerging drug trends increase over a short period of 


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1 time and tend to cluster in discrete geographic areas. 

2 Historical evidence shows that emerging local drug 

3 issues and crises can be stopped or mitigated before 

4 they spread to other areas, if they are identified 

5 quickly and addressed in a comprehensive multi-sec6 tor manner. 

7 (2) Federal investments in drug prevention 

8 should not be solely based on national data and 

9 trends, but must be flexible enough to address emerg10 ing local problems and local drug crises before they 

11 become national trends. 

12 (3) Successful drug prevention must be based on 

13 local data and involve multiple community sectors in 

14 planning and implementing specifically targeted 

15 strategies that respond to the unique drug problems of 

16 the community. 

17 (4) Data and outcomes show that effective com18 munity coalitions can markedly reduce local drug use 

19 rates for drugs such as marijuana and inhalants 

20 among school-aged youth. 

21 (5) Community coalitions are singularly situ22 ated to deal with emerging drug issues and local drug 

23 crises, such as methamphetamine, cheese (a mixture of 

24 black tar heroin and Tylenol PM), and prescription 

25 and non-prescription drug abuse because the commuVerDate Nov 24 2008 23:19 Apr 15, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S3031.RS S3031

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1 nity coalitions are organized, data driven, and take 

2 a comprehensive, multi-sector approach to solving and 

3 addressing locally identified drug problems. 

4 (6) Providing enhancement grants to coalitions 

5 to address emerging local drug issues or local drug 

6 crises is a cost effective way to deal with these drug 

7 issues. This approach builds on existing infrastruc8 tures with proven results that include all of the rel9 evant community sectors needed to comprehensively 

10 address specific emerging drug issues and crises, and 

11 guards against using Federal funding to create dupli12 cative community based infrastructures for substance 

13 abuse prevention. 

14 SEC. 3. COMMUNITY-BASED COALITION ENHANCEMENT 

15 GRANTS TO ADDRESS EMERGING DRUG 

16 ISSUES OR LOCAL DRUG CRISES. 

17 (a) DEFINITIONS.—In this section— 

18 (1) the term ‘‘Director’’ means the Director of the 

19 Office of National Drug Control Policy; 

20 (2) the term ‘‘drug’’ means— 

21 (A) a substance listed on schedule I, II, III, 

22 IV, or V of section 202(c) of the Controlled Sub23 stances Act (21 U.S.C. 812(c)); 

24 (B) inhalants; 


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1 (C) if used in a manner that is illegal, a 

2 prescription or over the counter drug or medi3 cine; and 

4 (D) another mind altering substance with 

5 the potential for abuse, as determined by the Di6 rector, not listed on a schedule of section 202(c) 

7 of the Controlled Substance Act (21 U.S.C. 

8 812(c)); 

9 (3) the term ‘‘eligible entity’’ means an organiza10 tion that— 

11 (A) is receiving or has received a grant 

12 under chapter 2 of title I of the National Nar13 cotics Leadership Act of 1988 (21 U.S.C. 1521 et 

14 seq.) (commonly known as the Drug-Free Com15 munities Act of 1997); and 

16 (B) has documented, using local data— 

17 (i) for an emerging local drug issue— 

18 (I) rates of drug use and abuse 

19 above the national average, as deter20 mined by the Director (including ap21 propriate consideration of the Moni22 toring of the Future Survey published 

23 by the Department of Health and 

24 Human Services), for comparable time 

25 periods; or 


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1 (II) if national data is not avail2 able, at the discretion of the Director, 

3 high rates of drug use or abuse based 

4 solely on valid local data; or 

5 (ii) for a local drug crisis— 

6 (I) rates of use and abuse for a 

7 specific drug at levels that are signifi8 cantly higher than the national aver9 age, as determined by the Director (in10 cluding appropriate consideration of 

11 the Monitoring of the Future Survey 

12 published by the Department of Health 

13 and Human Services and the National 

14 Survey on Drug Use and Health by the 

15 Substance Abuse and Mental Health 

16 Service Administration); and 

17 (II) rates of use and abuse for a 

18 specific drug that continue over a sus19 tained period of time, as determined by 

20 the Director; 

21 (4) the term ‘‘emerging local drug issue’’ means, 

22 with respect to the area served by an eligible entity, 

23 a sudden increase in the use or abuse of a particular 

24 drug in the community, as documented by local data; 

25 and 


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1 (5) the term ‘‘local drug crisis’’ means, with re2 spect to the area served by an eligible entity, the use 

3 of a specific drug in the area at levels that are sig4 nificantly higher than the national average, over a 

5 sustained period of time, as documented by local 

6 data. 

7 (b) AUTHORIZATION OF PROGRAM.—The Director may 

8 make enhancement grants to eligible entities to implement 

9 comprehensive community-wide strategies that address 

10 emerging local drug issues or local drug crises within the 

11 area served by the eligible entity. 

12 (c) APPLICATION.— 

13 (1) IN GENERAL.—An eligible entity desiring an 

14 enhancement grant under this section shall submit an 

15 application to the Director at such time, in such 

16 manner, and accompanied by such information as the 

17 Director may require. 

18 (2) CRITERIA.—As part of an application for a 

19 grant under this section, the Director shall require an 

20 eligible entity to submit a detailed, comprehensive, 

21 multi-sector plan for addressing the emerging local 

22 drug issue or local drug crisis within the area served 

23 by the eligible entity. 


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1 (3) DISCLOSURE OF OTHER FUNDING.—An ap2 plication for a grant under this section shall dis3 close— 

4 (A) the amount of Federal funds and non5 Federal funds received by the eligible entity for 

6 a purpose described in this section during the 1- 

7 year period ending on the date of the applica8 tion; and 

9 (B) any Federal grant or non-Federal grant 

10 for a purpose described in this section for which 

11 the eligible entity has an application pending. 

12 (d) USES OF FUNDS.—A grant under this section shall 

13 be used to— 

14 (1) implement comprehensive, community-wide 

15 prevention strategies to address an emerging local 

16 drug issue or drug crisis in the area served by an eli17 gible entity, in accordance with the plan submitted 

18 under subsection (c)(2); and 

19 (2) obtain specialized training and technical as20 sistance from the entity receiving a grant under sec21 tion 4 of Public Law 107–82 (21 U.S.C. 1521 note). 

22 (e) GRANT AMOUNTS AND ADMINISTRATION.— 

23 (1) FEDERAL SHARE.—The Federal share of the 

24 cost of an activity carried out using a grant under 

25 this section shall be not more than 50 percent. 


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1 (2) GRANT AWARDS.—A grant under this section 

2 shall— 

3 (A) be made for a period of not more than 

4 4 years; and 

5 (B) be for not more than $75,000 per year. 

6 (3) RESCINDING OF GRANTS.—If the Director de7 termines at any time during the period of a grant 

8 under this section that an eligible entity has inten9 tionally used the grant in violation of the purposes, 

10 uses, or requirements under this section or otherwise 

11 wasted, committed fraud relating to, or abused funds 

12 received under the grant, the Director shall rescind 

13 the grant. 

14 (f) SUPPLEMENT NOT SUPPLANT.—Grant funds pro15 vided under this section shall be used to supplement, not 

16 supplant, Federal and non-Federal funds available for car17 rying out the activities described in this section. 

18 (g) REPORTING.— 

19 (1) DIRECTOR’S REPORT TO CONGRESS.—Not 

20 later than December 31 of each calendar year in 

21 which a grant is made under this section, the Direc22 tor shall submit to the Committee on the Judiciary of 

23 the Senate and the Committee on the Judiciary of the 

24 House of Representatives a comprehensive annual re25 port that, for the calendar year— 


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1 (A) provides the name and location of, and 

2 amount of the grant made to, each eligible entity 

3 that receives a grant under this section; 

4 (B) details how each eligible entity used 

5 funds from a grant under this section and 

6 whether the use of funds complies with this sec7 tion; 

8 (C) incorporates, reviews, and evaluates the 

9 reports required to be submitted by eligible enti10 ties under paragraph (2); and 

11 (D) reviews the internal controls used by the 

12 Director to prevent waste, fraud, and abuse of 

13 funds by eligible entities and any Federal em14 ployee in any office of the Office of National 

15 Drug Control Policy that administers grants 

16 made under this section. 

17 (2) ELIGIBLE ENTITY REPORTS TO THE DIREC18 TOR.—Not later than such date of each calendar year 

19 as the Director shall establish, each eligible entity re20 ceiving a grant under this section shall submit to the 

21 Director a comprehensive annual report regarding the 

22 grant that, for the calendar year— 

23 (A) describes the proposed multi-sector plan 

24 for addressing the emerging local drug issue or 

25 local drug crisis required under subsection (c)(2); 


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1 (B) provides the amount of each grant re2 ceived by the eligible entity under this section; 

3 (C) details how the eligible entity has used 

4 the grant under this section to accomplish the 

5 goals of the plan described in subparagraph (A); 

6 (D) provides the amount of non-Federal 

7 funds used in accordance with subsections (e) 

8 and (f); 

9 (E) discloses— 

10 (i) the amount of Federal funds and 

11 non-Federal funds received by the eligible 

12 entity for a purpose described in this sec13 tion during the calendar year; and 

14 (ii) any Federal grant or non-Federal 

15 grant for a purpose described in this section 

16 for which the eligible entity submitted an 

17 application during the calendar year; and 

18 (F) provides any other information the Di19 rector may require. 

20 (3) NO DUPLICATION OF REPORTING.—This sub21 section shall not require an eligible entity to duplicate 

22 any reporting required under chapter 2 of title I of 

23 the National Narcotics Leadership Act of 1988 (21 

24 U.S.C. 1521 et seq.) (commonly known as the Drug25 Free Communities Act of 1997). 


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1 (h) AUDITING.— 

2 (1) IN GENERAL.—Beginning in fiscal year 

3 2011, and each fiscal year thereafter, the Comptroller 

4 General of the United States shall conduct an audit 

5 of not less than 10 percent of the eligible entities re6 ceiving a grant under this section during the fiscal 

7 year to prevent waste, fraud, and abuse of funds by 

8 eligible entities. 

9 (2) MANDATORY EXCLUSION.—An eligible entity 

10 receiving a grant under this section that has an unre11 solved audit finding under an audit under paragraph 

12 (1) shall not be eligible to receive funds under a grant 

13 under this section for the first fiscal year beginning 

14 after the date of the completion of the audit. 

15 (i) ADMINISTRATION.— 

16 (1) CONTRACTING.—The Director may employ 

17 any necessary staff and may enter into contracts or 

18 agreements with national drug control agencies, in19 cluding interagency agreements to delegate authority 

20 for the execution of grants and for such other activi21 ties necessary to carry out this section. 

22 (2) ADMINISTRATIVE EXPENSES.— 

23 (A) LIMITATION.—The Director may use 

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1 tive costs associated with the responsibilities of 

2 the Director under this section. 

3 (B) OTHER AGENCIES.—An agency entering 

4 into a contract or agreement to carry out the 

5 grant program under this section may use not 

6 more than 5 percent of the amount appropriated 

7 to carry out this section for administrative costs 

8 associated with carrying out the program. 

9 (j) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated $5,000,000 for each of fiscal 

11 years 2011 through 2015 to carry out this section. 


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Calendar No. 348 

111TH CONGRESS 

2D SESSION S. 3031 

A BILL 

To authorize Drug Free Communities enhancement 

local drug crises. grants to address major emerging drug issues or 

APRIL 15, 2010 

Reported with an amendment 


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