[House Report 117-146]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      117-146

======================================================================



 
               DRUG-FREE COMMUNITIES PANDEMIC RELIEF ACT

                                _______
                                

October 19, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 654]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 654) to provide the Administrator of the Drug-
Free Communities Support Program the authority to waive the 
Federal fund limitation for the Drug-Free Communities Support 
Program, having considered the same, reports favorably thereon 
with amendments and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................2
 II. Background and Need for the Legislation..........................2
III. Committee Hearings...............................................4
 IV. Committee Consideration..........................................4
  V. Committee Votes..................................................4
 VI. Oversight Findings...............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures5
VIII.Federal Mandates Statement.......................................5

 IX. Statement of General Performance Goals and Objectives............5
  X. Duplication of Federal Programs..................................5
 XI. Committee Cost Estimate..........................................5
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......5
XIII.Advisory Committee Statement.....................................6

XIV. Applicability to Legislative Branch..............................6
 XV. Section-by-Section Analysis of the Legislation...................6
XVI. Changes in Existing Law Made by the Bill, as Reported............6

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Drug-Free Communities Pandemic Relief 
Act''.

SEC. 2. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUG-FREE COMMUNITIES 
                    SUPPORT PROGRAM.

  (a) In General.--Subject to subsection (b), if the Administrator of 
the Drug-Free Communities Support Program determines that, as a result 
of the public health emergency declared pursuant to section 319 of the 
Public Health Service Act (42 U.S.C. 247d) as a result of COVID-19, an 
eligible coalition is unable to raise the amount of non-Federal funds, 
including in-kind contributions, agreed to be raised by the coalition 
for a fiscal year under an agreement entered into with the 
Administrator pursuant to paragraph (1)(A) or (3) of section 1032(b) of 
the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)), the Administrator 
may, notwithstanding such paragraphs, provide to the eligible coalition 
the grant or renewal grant, as applicable, for that fiscal year in an 
amount--
          (1) with respect to an initial grant or renewal grant 
        described under paragraph (1)(A) or (3)(A) of such section, 
        that exceeds the amount of non-Federal funds raised by the 
        eligible coalition, including in-kind contributions, for that 
        fiscal year;
          (2) with respect to a renewal grant described under paragraph 
        (3)(D)(i) of such section, that exceeds 125 percent of the 
        amount of non-Federal funds raised by the eligible coalition, 
        including in-kind contributions, for that fiscal year; and
          (3) with respect to a renewal grant described under paragraph 
        (3)(D)(ii) of such section, that exceeds 150 percent of the 
        amount of non-Federal funds raised by the eligible coalition, 
        including in-kind contributions, for that fiscal year.
  (b) Limitation.--The Administrator may not provide a grant or renewal 
grant to an eligible coalition in an amount exceeding the amount of 
funds initially agreed to be provided by the Administrator under the 
applicable agreement.

SEC. 3. RAISING CAP ON ADMINISTRATIVE EXPENSES UNDER ANTI-DRUG ABUSE 
                    ACT OF 1988.

  Section 1024(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 
1524(b)) is amended by striking ``8 percent'' and inserting ``12 
percent''.

    Amend the title so as to read:
    A bill to provide the Administrator of the Drug-Free 
Communities Support Program the authority to waive the Federal 
fund limitation for the Drug-Free Communities Support Program, 
and for other purposes.

                         I. Purpose and Summary

    H.R. 654, the ``Drug-Free Communities Pandemic Relief 
Act,'' would waive a federal funding limitation for the Drug-
Free Communities Support Program, which is a program that 
supports community-based drug prevention coalitions in the 
United States. The bill also would increase the resources made 
available for evaluation and administrative expenses of the 
Drug-Free Communities Support Program, by raising the program's 
cap from eight percent to 12 percent.

                II. Background and Need for Legislation

    The Drug-Free Communities (DFC) Support Program was created 
in 1997 and funds community-based coalitions that work to 
prevent youth substance use.\1\ DFC Coalitions consist of 
community leaders across multiple sectors, such as businesses, 
schools, and healthcare professionals, that organize to meet 
the local prevention needs of youth and families in their 
communities.\2\ According to the Office of National Drug 
Control Policy (ONDCP), one in five Americans live in a 
community with a DFC coalition and the program reaches an 
estimated 2.4 million middle school students and 3.4 million 
high school students.\3\
---------------------------------------------------------------------------
    \1\White House Office of National Drug Control Policy, About the 
DFC Program (https://www.whitehouse.gov/ondcp/dfc/) (Accessed Aug. 20, 
2021).
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    ONDCP administers this program and community coalitions 
that receive the grants must match a specified percentage of 
their federal awards with non-federal funds, including in-kind 
contributions. Among the requirements of the DFC Support 
Program is a requirement that the amount of federal funds 
awarded to an eligible coalition may not exceed the amount 
raised by the DFC Coalition in non-federal funds.\4\ However, 
due to the coronavirus disease of 2019 (COVID-19) pandemic and 
its economic consequences, DFC coalitions have faced challenges 
in meeting this matching requirement. This issue was identified 
by several regions in coalition comments that were included in 
the 2021 DFC National Evaluation Annual Report\5\:
---------------------------------------------------------------------------
    \4\21 U.S.C. Sec. 1532(b).
    \5\White House Office of National Drug Control Policy, Drug-Free 
Communities Support Program National Cross-Site Evaluation, End-of-Year 
2020 Report (March 2021).
---------------------------------------------------------------------------
           ``Since COVID, the hospital is no longer 
        able to provide funding due to revenue loss.'' (Year 
        10, Midwestern region)
           ``We will continue to seek federal and local 
        support, but many of the funds are diverted at this 
        time to crisis pandemic needs.'' (Year 10, Midwestern 
        region)
           ``Since COVID-19 pandemic began several of 
        our collaborating partners that supported us with 
        matching have been closed since March, so their ability 
        to provide match dollars has been impacted greatly.'' 
        (Year 7, Northeastern region)
           ``COVID-19 has dealt our coalition a tough 
        hand in some areas of our budget, foundation/non-profit 
        organizations and in-kind donations in particular.'' 
        (Year 6, Southern region)
    H.R. 654 authorizes the DFC Support Program to waive the 
matching fund requirements if the Administrator determines that 
the eligible coalition is unable to raise the amount of non-
federal funds as a result of COVID-19.
    In addition, H.R. 654 would allow ONDCP to utilize up to 12 
percent of the funds appropriated to the DFC Support Program 
for administrative costs associated with carrying out the 
program. Currently, ONDCP is only able to use up to eight 
percent of such funds for administrative purposes. This 
legislative change was requested as a part of the fiscal year 
(FY) 2022 budget request for the DFC Support Program. In FY 
2020, ONDCP transitioned administration of the DFC grants from 
the Substance Abuse and Mental Health Services Administration 
(SAMHSA) to the Centers for Disease Control and Prevention 
(CDC). According to the FY 2022 budget request, ONDCP 
recognized as a part of the transition that there was a ``need 
for additional resources to support the management of the 
programs.''\6\ The request noted that the increase will help to 
ensure coalitions have appropriate oversight and receive timely 
technical assistance and guidance, which will help increase the 
success of these programs.\7\
---------------------------------------------------------------------------
    \6\Office of Management and Budget, Budget of the U.S. Government 
Fiscal Year 2022 (May 2021).
    \7\Id.
---------------------------------------------------------------------------

                        III. Committee Hearings

    For the purposes of section 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearing was used 
to develop or consider H.R. 654:
    The Subcommittee on Health held a legislative hearing on 
Wednesday, April 14, 2021, entitled ``An Epidemic within a 
Pandemic: Understanding Substance Use and Misuse in America.'' 
The Subcommittee received testimony from the following 
witnesses:
    Panel I:
           Regina M. LaBelle, Acting Director, White 
        House Office of National Drug Control Policy
    Panel II:
           Geoffrey M. Laredo, Principal Santa Cruz 
        Strategies, LLC;
           Patricia L. Richman, National Sentencing 
        Resource Counsel, Federal Public and Community 
        Defenders;
           Mark Vargo, Pennington County State's 
        Attorney Legislative Committee Chairman, National 
        District Attorneys Association;
           Timothy Westlake, M.D., F.F.S.M.B., 
        F.A.C.E.P., Emergency Department Medical Director, Pro 
        Health Care Oconomowoc Memorial Hospital; and
           J. Deanna Wilson, M.D., M.P.H., Assistant 
        Professor of Medicine and Pediatrics, University of 
        Pittsburgh School of Medicine.

                      IV. Committee Consideration

    Representatives David Joyce (R-OH) and Derek Kilmer (D-WA) 
introduced H.R. 654, the ``Drug-Free Communities Pandemic 
Relief Act,'' on February 1, 2021, and it was referred to the 
Committee on Energy and Commerce. Subsequently, on February 2, 
2021, H.R. 654 was referred to the Subcommittee on Health. A 
legislative hearing was held on the bill on April 14, 2021.
    On July 15, 2021, the Subcommittee on Health met in open 
markup session, pursuant to notice, to consider H.R. 654 and 18 
other bills. During consideration of the bill, an amendment 
offered by Representative Joyce (R-PA) was agreed to by a voice 
vote. Upon conclusion of consideration of the bill, the 
Subcommittee on Health agreed to report the bill favorably to 
the full Committee, amended, by a voice vote.
    On July 21, 2021, the full Committee met in open markup 
session, pursuant to notice, to consider H.R. 654 and 23 other 
bills. No amendments were offered to H.R. 654. Upon conclusion 
of consideration of the bill, the full Committee agreed to a 
motion on final passage offered by Representative Pallone (D-
NJ), Chairman of the Committee, to order H.R. 654 reported 
favorably to the House, as amended, by a voice vote.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
654.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to provide 
the Administrator of the Drug-Free Communities Support Program 
the authority to waive the Federal fund limitation for the 
Drug-Free Communities Support Program and increase the cap on 
administrative expenses.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 654 is known to be duplicative of another Federal program, 
including any program that was included in a report to Congress 
pursuant to section 21 of Public Law 111-139 or the most recent 
Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 654 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Drug-Free Communities Pandemic Relief Act.''

Sec. 2. Waiver of Federal fund limitation for the Drug-Free Communities 
        Support Program

    Section 2 provides the Administrator of the DFC Support 
Program the authority to make initial grants or renewal grants 
in amounts that exceed the non-federal funds raised by the 
eligible coalition, including in-kind contributions, for that 
fiscal year, effectively waiving the matching fund requirement, 
if a coalition is unable to raise the amount of non-federal 
funds because of the COVID-19 public health emergency. The 
Administrator may not provide a grant or renewal grant to an 
eligible coalition that exceeds the amount initially agreed 
upon by the Administrator in the applicable agreement.

Sec. 3. Raising cap on administrative expenses under Anti-Drug Abuse 
        Act of 1988

    Section 3 revises the limitation on the administrative 
costs associated with the DFC Support Program from eight 
percent to 12 percent.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

ANTI-DRUG ABUSE ACT OF 1988

           *       *       *       *       *       *       *



             TITLE I--COORDINATION OF NATIONAL DRUG POLICY

Subtitle A--National Drug Control Program

           *       *       *       *       *       *       *


CHAPTER 2--DRUG-FREE COMMUNITIES

           *       *       *       *       *       *       *



SEC. 1024. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
the Office of National Drug Control Policy to carry out this 
chapter $99,000,000 for each of fiscal years 2018 through 2023.
  (b) Administrative Costs.--Not more than [8 percent] 12 
percent of the funds appropriated to carry out this chapter may 
be used by the Office of National Drug Control Policy to pay 
administrative costs associated with the responsibilities of 
the Office under this chapter.

           *       *       *       *       *       *       *


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