[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\
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\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.
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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\:
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\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).
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``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\
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\6\Office of Management and Budget, Budget of the U.S. Government
Fiscal Year 2022 (May 2021).
\7\Id.
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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.
* * * * * * *
[all]