[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3031 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Drug Free Communities 
Enhancement Act of 2010''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) The epidemiology of drug use indicates that 
        emerging drug trends increase over a short period of time and 
        tend to cluster in discrete geographic areas. Historical 
        evidence shows that emerging local drug issues and crises can 
        be stopped or mitigated before they spread to other areas, if 
        they are identified quickly and addressed in a comprehensive 
        multi-sector manner.</DELETED>
        <DELETED>    (2) Federal investments in drug prevention should 
        not be solely based on national data and trends, but must be 
        flexible enough to address emerging local problems and local 
        drug crises before they become national trends.</DELETED>
        <DELETED>    (3) Successful drug prevention must be based on 
        local data and involve multiple community sectors in planning 
        and implementing specifically targeted strategies that respond 
        to the unique drug problems of the community.</DELETED>
        <DELETED>    (4) Data and outcomes show that effective 
        community coalitions can markedly reduce local drug use rates 
        for drugs such as marijuana and inhalants among school-aged 
        youth.</DELETED>
        <DELETED>    (5) Community coalitions are singularly situated 
        to deal with emerging drug issues and local drug crises, such 
        as methamphetamine, cheese (a mixture of black tar heroin and 
        Tylenol PM), and prescription and non-prescription drug abuse 
        because the community coalitions are organized, data driven, 
        and take a comprehensive, multi-sector approach to solving and 
        addressing locally identified drug problems.</DELETED>
        <DELETED>    (6) Providing enhancement grants to coalitions to 
        address emerging local drug issues or local drug crises is a 
        cost effective way to deal with these drug issues. This 
        approach builds on existing infrastructures with proven results 
        that include all of the relevant community sectors needed to 
        comprehensively address specific emerging drug issues and 
        crises, and guards against using Federal funding to create 
        duplicative community based infrastructures for substance abuse 
        prevention.</DELETED>

<DELETED>SEC. 3. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO 
              ADDRESS EMERGING DRUG ISSUES OR LOCAL DRUG 
              CRISES.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``Director'' means the Director of 
        the Office of National Drug Control Policy;</DELETED>
        <DELETED>    (2) the term ``drug'' means--</DELETED>
                <DELETED>    (A) a substance listed on schedule I, II, 
                III, IV, or V of section 202 of the Controlled 
                Substances Act (21 U.S.C. 812(c));</DELETED>
                <DELETED>    (B) inhalants;</DELETED>
                <DELETED>    (C) if used in a manner that is illegal, a 
                prescription or over the counter drug or medicine; 
                and</DELETED>
                <DELETED>    (D) another mind altering substance with 
                the potential for abuse, as determined by the Director, 
                not listed on a schedule of section 202(c) of the 
                Controlled Substance Act (21 U.S.C. 812(c));</DELETED>
        <DELETED>    (3) the term ``emerging local drug issue'' means, 
        with respect to the area served by an eligible entity, a sudden 
        increase in the use or abuse of a particular drug in the 
        community, as documented by local data;</DELETED>
        <DELETED>    (4) the term ``local drug crisis'' means, with 
        respect to the area served by an eligible entity, the use of a 
        specific drug in the area at levels that are significantly 
        higher than the national average, over a sustained period of 
        time, as documented by local data; and</DELETED>
        <DELETED>    (5) the term ``eligible entity'' means an 
        organization that--</DELETED>
                <DELETED>    (A) is receiving or has received a grant 
                under chapter 2 of title I of the National Narcotics 
                Leadership Act of 1988 (21 U.S.C. 1521 et seq.) 
                (commonly known as the Drug-Free Communities Act of 
                1997); and</DELETED>
                <DELETED>    (B) has documented, using local data--
                </DELETED>
                        <DELETED>    (i) for an emerging local drug 
                        issue--</DELETED>
                                <DELETED>    (I) rates of drug use and 
                                abuse above the national average, as 
                                determined by the Director (including 
                                appropriate consideration of the 
                                Monitoring of the Future Survey 
                                published by the Department of Health 
                                and Human Services), for comparable 
                                time periods; or</DELETED>
                                <DELETED>    (II) if national data is 
                                not available, at the discretion of the 
                                Director, high rates of drug use or 
                                abuse based solely on valid local data; 
                                or</DELETED>
                        <DELETED>    (ii) for a local drug crisis--
                        </DELETED>
                                <DELETED>    (I) rates of use and abuse 
                                for a specific drug at levels that are 
                                significantly higher than the national 
                                average, as determined by the Director 
                                (including appropriate consideration of 
                                the Monitoring of the Future Survey 
                                published by the Department of Health 
                                and Human Services and the National 
                                Survey on Drug Use and Health by the 
                                Substance Abuse and Mental Health 
                                Service Administration); and</DELETED>
                                <DELETED>    (II) rates of use and 
                                abuse for a specific drug that continue 
                                over a sustained period of time, as 
                                determined by the Director.</DELETED>
<DELETED>    (b) Authorization of Program.--The Director may make 
enhancement grants to eligible entities to implement comprehensive 
community-wide strategies that address emerging local drug issues or 
local drug crises within the area served by the eligible 
entity.</DELETED>
<DELETED>    (c) Application.--</DELETED>
        <DELETED>    (1) In general.--An eligible entity desiring an 
        enhancement grant under this section shall submit an 
        application to the Director at such time, in such manner, and 
        accompanied by such information as the Director may 
        require.</DELETED>
        <DELETED>    (2) Criteria.--As part of an application for a 
        grant under this section, the Director shall require an 
        eligible entity to submit a detailed, comprehensive, multi-
        sector plan for addressing the emerging local drug issue or 
        local drug crises within the area served by the eligible 
        entity.</DELETED>
<DELETED>    (d) Uses of Funds.--A grant under this section shall be 
used to--</DELETED>
        <DELETED>    (1) implement comprehensive, community-wide 
        prevention strategies to address an emerging local drug issue 
        or drug crises in the area served by an eligible entity, in 
        accordance with the plan submitted under subsection (c)(2); 
        and</DELETED>
        <DELETED>    (2) obtain specialized training and technical 
        assistance from the entity receiving a grant under section 4 of 
        Public Law 107-82 (21 U.S.C. 1521 note).</DELETED>
<DELETED>    (e) Grant Amounts.--</DELETED>
        <DELETED>    (1) In general.--The total amount of grant funds 
        awarded to an eligible entity for a fiscal year may not exceed 
        the amount of non-Federal funds raised by the eligible entity, 
        including in-kind contributions, for that fiscal 
        year.</DELETED>
        <DELETED>    (2) Grant awards.--A grant under this section 
        shall--</DELETED>
                <DELETED>    (A) be made for a period of not more than 
                4 years; and</DELETED>
                <DELETED>    (B) be for not more than $75,000 per 
                year.</DELETED>
<DELETED>    (f) Supplement Not Supplant.--Grant funds provided under 
this section shall be used to supplement, not supplant, Federal and 
non-Federal funds available for carrying out the activities described 
in this section.</DELETED>
<DELETED>    (g) Evaluation.--A grant under this section shall be 
subject to the same evaluation requirements and procedures as the 
evaluation requirements and procedures imposed on the recipient of a 
grant under chapter 2 of title I of the National Narcotics Leadership 
Act of 1988 (21 U.S.C. 1521 et seq.) (commonly known as the Drug-Free 
Communities Act of 1997).</DELETED>
<DELETED>    (h) Administrative Expenses.--Not more than 5 percent of 
the amount appropriated to carry out this section for any fiscal year 
may be used by the Director for administrative expenses.</DELETED>
<DELETED>    (i) Authorization of Appropriations.--There are authorized 
to be appropriated $5,000,000 for each of fiscal years 2011 through 
2015 to carry out this section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Free Communities Enhancement 
Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The epidemiology of drug use indicates that emerging 
        drug trends increase over a short period of time and tend to 
        cluster in discrete geographic areas. Historical evidence shows 
        that emerging local drug issues and crises can be stopped or 
        mitigated before they spread to other areas, if they are 
        identified quickly and addressed in a comprehensive multi-
        sector manner.
            (2) Federal investments in drug prevention should not be 
        solely based on national data and trends, but must be flexible 
        enough to address emerging local problems and local drug crises 
        before they become national trends.
            (3) Successful drug prevention must be based on local data 
        and involve multiple community sectors in planning and 
        implementing specifically targeted strategies that respond to 
        the unique drug problems of the community.
            (4) Data and outcomes show that effective community 
        coalitions can markedly reduce local drug use rates for drugs 
        such as marijuana and inhalants among school-aged youth.
            (5) Community coalitions are singularly situated to deal 
        with emerging drug issues and local drug crises, such as 
        methamphetamine, cheese (a mixture of black tar heroin and 
        Tylenol PM), and prescription and non-prescription drug abuse 
        because the community coalitions are organized, data driven, 
        and take a comprehensive, multi-sector approach to solving and 
        addressing locally identified drug problems.
            (6) Providing enhancement grants to coalitions to address 
        emerging local drug issues or local drug crises is a cost 
        effective way to deal with these drug issues. This approach 
        builds on existing infrastructures with proven results that 
        include all of the relevant community sectors needed to 
        comprehensively address specific emerging drug issues and 
        crises, and guards against using Federal funding to create 
        duplicative community based infrastructures for substance abuse 
        prevention.

SEC. 3. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS 
              EMERGING DRUG ISSUES OR LOCAL DRUG CRISES.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Office 
        of National Drug Control Policy;
            (2) the term ``drug'' means--
                    (A) a substance listed on schedule I, II, III, IV, 
                or V of section 202(c) of the Controlled Substances Act 
                (21 U.S.C. 812(c));
                    (B) inhalants;
                    (C) if used in a manner that is illegal, a 
                prescription or over the counter drug or medicine; and
                    (D) another mind altering substance with the 
                potential for abuse, as determined by the Director, not 
                listed on a schedule of section 202(c) of the 
                Controlled Substance Act (21 U.S.C. 812(c));
            (3) the term ``eligible entity'' means an organization 
        that--
                    (A) is receiving or has received a grant under 
                chapter 2 of title I of the National Narcotics 
                Leadership Act of 1988 (21 U.S.C. 1521 et seq.) 
                (commonly known as the Drug-Free Communities Act of 
                1997); and
                    (B) has documented, using local data--
                            (i) for an emerging local drug issue--
                                    (I) rates of drug use and abuse 
                                above the national average, as 
                                determined by the Director (including 
                                appropriate consideration of the 
                                Monitoring of the Future Survey 
                                published by the Department of Health 
                                and Human Services), for comparable 
                                time periods; or
                                    (II) if national data is not 
                                available, at the discretion of the 
                                Director, high rates of drug use or 
                                abuse based solely on valid local data; 
                                or
                            (ii) for a local drug crisis--
                                    (I) rates of use and abuse for a 
                                specific drug at levels that are 
                                significantly higher than the national 
                                average, as determined by the Director 
                                (including appropriate consideration of 
                                the Monitoring of the Future Survey 
                                published by the Department of Health 
                                and Human Services and the National 
                                Survey on Drug Use and Health by the 
                                Substance Abuse and Mental Health 
                                Service Administration); and
                                    (II) rates of use and abuse for a 
                                specific drug that continue over a 
                                sustained period of time, as determined 
                                by the Director;
            (4) the term ``emerging local drug issue'' means, with 
        respect to the area served by an eligible entity, a sudden 
        increase in the use or abuse of a particular drug in the 
        community, as documented by local data; and
            (5) the term ``local drug crisis'' means, with respect to 
        the area served by an eligible entity, the use of a specific 
        drug in the area at levels that are significantly higher than 
        the national average, over a sustained period of time, as 
        documented by local data.
    (b) Authorization of Program.--The Director may make enhancement 
grants to eligible entities to implement comprehensive community-wide 
strategies that address emerging local drug issues or local drug crises 
within the area served by the eligible entity.
    (c) Application.--
            (1) In general.--An eligible entity desiring an enhancement 
        grant under this section shall submit an application to the 
        Director at such time, in such manner, and accompanied by such 
        information as the Director may require.
            (2) Criteria.--As part of an application for a grant under 
        this section, the Director shall require an eligible entity to 
        submit a detailed, comprehensive, multi-sector plan for 
        addressing the emerging local drug issue or local drug crisis 
        within the area served by the eligible entity.
            (3) Disclosure of other funding.--An application for a 
        grant under this section shall disclose--
                    (A) the amount of Federal funds and non-Federal 
                funds received by the eligible entity for a purpose 
                described in this section during the 1-year period 
                ending on the date of the application; and
                    (B) any Federal grant or non-Federal grant for a 
                purpose described in this section for which the 
                eligible entity has an application pending.
    (d) Uses of Funds.--A grant under this section shall be used to--
            (1) implement comprehensive, community-wide prevention 
        strategies to address an emerging local drug issue or drug 
        crisis in the area served by an eligible entity, in accordance 
        with the plan submitted under subsection (c)(2); and
            (2) obtain specialized training and technical assistance 
        from the entity receiving a grant under section 4 of Public Law 
        107-82 (21 U.S.C. 1521 note).
    (e) Grant Amounts and Administration.--
            (1) Federal share.--The Federal share of the cost of an 
        activity carried out using a grant under this section shall be 
        not more than 50 percent.
            (2) Grant awards.--A grant under this section shall--
                    (A) be made for a period of not more than 4 years; 
                and
                    (B) be for not more than $75,000 per year.
            (3) Rescinding of grants.--If the Director determines at 
        any time during the period of a grant under this section that 
        an eligible entity has intentionally used the grant in 
        violation of the purposes, uses, or requirements under this 
        section or otherwise wasted, committed fraud relating to, or 
        abused funds received under the grant, the Director shall 
        rescind the grant.
    (f) Supplement Not Supplant.--Grant funds provided under this 
section shall be used to supplement, not supplant, Federal and non-
Federal funds available for carrying out the activities described in 
this section.
    (g) Reporting.--
            (1) Director's report to congress.--Not later than December 
        31 of each calendar year in which a grant is made under this 
        section, the Director shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives a comprehensive annual report 
        that, for the calendar year--
                    (A) provides the name and location of, and amount 
                of the grant made to, each eligible entity that 
                receives a grant under this section;
                    (B) details how each eligible entity used funds 
                from a grant under this section and whether the use of 
                funds complies with this section;
                    (C) incorporates, reviews, and evaluates the 
                reports required to be submitted by eligible entities 
                under paragraph (2); and
                    (D) reviews the internal controls used by the 
                Director to prevent waste, fraud, and abuse of funds by 
                eligible entities and any Federal employee in any 
                office of the Office of National Drug Control Policy 
                that administers grants made under this section.
            (2) Eligible entity reports to the director.--Not later 
        than such date of each calendar year as the Director shall 
        establish, each eligible entity receiving a grant under this 
        section shall submit to the Director a comprehensive annual 
        report regarding the grant that, for the calendar year--
                    (A) describes the proposed multi-sector plan for 
                addressing the emerging local drug issue or local drug 
                crisis required under subsection (c)(2);
                    (B) provides the amount of each grant received by 
                the eligible entity under this section;
                    (C) details how the eligible entity has used the 
                grant under this section to accomplish the goals of the 
                plan described in subparagraph (A);
                    (D) provides the amount of non-Federal funds used 
                in accordance with subsections (e) and (f);
                    (E) discloses--
                            (i) the amount of Federal funds and non-
                        Federal funds received by the eligible entity 
                        for a purpose described in this section during 
                        the calendar year; and
                            (ii) any Federal grant or non-Federal grant 
                        for a purpose described in this section for 
                        which the eligible entity submitted an 
                        application during the calendar year; and
                    (F) provides any other information the Director may 
                require.
            (3) No duplication of reporting.--This subsection shall not 
        require an eligible entity to duplicate any reporting required 
        under chapter 2 of title I of the National Narcotics Leadership 
        Act of 1988 (21 U.S.C. 1521 et seq.) (commonly known as the 
        Drug-Free Communities Act of 1997).
    (h) Auditing.--
            (1) In general.--Beginning in fiscal year 2011, and each 
        fiscal year thereafter, the Comptroller General of the United 
        States shall conduct an audit of not less than 10 percent of 
        the eligible entities receiving a grant under this section 
        during the fiscal year to prevent waste, fraud, and abuse of 
        funds by eligible entities.
            (2) Mandatory exclusion.--An eligible entity receiving a 
        grant under this section that has an unresolved audit finding 
        under an audit under paragraph (1) shall not be eligible to 
        receive funds under a grant under this section for the first 
        fiscal year beginning after the date of the completion of the 
        audit.
    (i) Administration.--
            (1) 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 section.
            (2) Administrative expenses.--
                    (A) Limitation.--The Director may use not more than 
                3 percent of the amount appropriated to carry out this 
                section for administrative costs associated with the 
                responsibilities of the Director under this section.
                    (B) Other agencies.--An agency entering into a 
                contract or agreement to carry out the grant program 
                under this section may use not more than 5 percent of 
                the amount appropriated to carry out this section for 
                administrative costs associated with carrying out the 
                program.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of fiscal years 2011 through 2015 to 
carry out this section.
                                                       Calendar No. 348

111th CONGRESS

  2d Session

                                S. 3031

_______________________________________________________________________

                                 A BILL

To authorize Drug Free Communities enhancement grants to address major 
               emerging drug issues or local drug crises.

_______________________________________________________________________

                             April 15, 2010

                       Reported with an amendment