II Calendar No. 348 111th CONGRESS 2d Session S. 3031 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.

Short title

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

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.

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 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 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; (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 (5)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. (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 crises within the area served by the eligible entity. (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 crises 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

(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. (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. (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)

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). (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. (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.

1.

Short title

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

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.

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.

April 15, 2010 Reported with an amendment