[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 536 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 536

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 1997

  Mr. Grassley (for himself, Mr. DeWine, Mr. Daschle, Mr. Biden, Mr. 
D'Amato, Mr. Shelby, Mr. Kohl, Mr. Graham, Mr. Cleland, Mr. Hatch, Mr. 
  Harkin, Mr. Thurmond, Mr. Stevens, Mr. Durbin, Mr. Hutchinson, Mr. 
   Abraham, Mr. Reid, Mr. Feingold, and Mrs. Murray) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 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 of 1997 
        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 abuses of inhalants; and
                    ``(C) the use of alcohol, tobacco, or other related 
                product 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 Administrator 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.

``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 organizations.
                            ``(ix) Civic and fraternal 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 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 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 in the community;
                    ``(C)(i) provide a description of substance abuse 
                prevention and treatment programs and activities in 
                existence at the time of the grant application; and
                    ``(ii) identify substance abuse programs and 
                service gaps in the community;
                    ``(D) develop a strategic plan to reduce substance 
                abuse among youth 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.
            ``(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, in 
                        consultation with the Advisory Commission, 
                        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, in consultation with the 
                        Advisory Commission; and
                            ``(ii) receives the approval of 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 (iii), 
                        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) Renewal grants.--Subject to clause 
                        (iii), 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.
                            ``(iii) 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 population of the 
                                community exceeds 2,000,000 
                                individuals;
                                    ``(II) the eligible coalitions 
                                demonstrate that the coalitions are 
                                collaborating with one another; and
                                    ``(III) each of the coalitions has 
                                independently met the requirements set 
                                forth in section 1032(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, in consultation 
                        with the Advisory Commission, may waive any 
                        requirement under subsection (a) if the 
                        Administrator, in consultation with the 
                        Advisory Commission, 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.
                    ``(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 $50,000 
                        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 
        regulations 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) engage in research and development activities 
                related to 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 Administrator 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 review any grant, contract, or cooperative 
        agreement proposed to be made by the Program;
            ``(3) may make recommendations to the Administrator 
        regarding the activities of the Program;
            ``(4) may review any policy or criteria established by the 
        Administrator 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 Administrator, 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 Administrator rejects any 
recommendation of the Advisory Commission under subsection (a)(1), the 
Administrator shall notify the Advisory Commission and the Director 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 15 members to the 
Advisory Commission as follows:
            ``(1) 6 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) 6 members shall be appointed from the leading 
        representatives of national substance abuse reduction 
        organizations, of which no fewer than 4 members shall have 
        extensive training or experience in drug prevention.
            ``(3) 3 members shall be appointed from the leading 
        representatives of State substance abuse reduction 
        organizations.
    ``(b) Chairperson.--The Advisory Commission shall elect a 
chairperson or cochairpersons from among its members.
    ``(c) Ex Officio Members.--The ex officio membership of the 
Advisory Commission shall consist of any 2 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), 2 shall be appointed for a term of 2 years;
            ``(2) of the initial members appointed under section 
        1043(a)(2), 2 shall be appointed for a term of 2 years; and
            ``(3) of the initial members appointed under section 
        1043(a)(3), 1 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 at the call of the Chairperson (or 
Cochairpersons) of the Advisory Commission or a majority of its members 
or upon the request of the Director or Administrator of the Program for 
which the Advisory Commission is established.
    ``(b) Quorum.--8 members of the Advisory Commission shall 
constitute a quorum.

``SEC. 1047. STAFF.

    ``The Advisory Commission may elect an executive secretary to 
facilitate the conduct of business of the Advisory Commission. The 
Administrator shall make available to the Advisory Commission such 
staff, information, and other assistance permitted by law as the 
Advisory Commission may reasonably require to carry out the functions 
of the Advisory Commission.

``SEC. 1048. TERMINATION.

    ``The Advisory Commission shall terminate on the date that is 5 
years after the date of the enactment of this chapter.''.
    (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).
                                 <all>