[107th Congress Public Law 82]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ082.107]


[[Page 813]]

          DRUG-FREE COMMUNITIES SUPPORT PROGRAM REAUTHORIZATION

[[Page 115 STAT. 814]]

Public Law 107-82
107th Congress

                                 An Act


 
To extend the authorization of the Drug-Free Communities Support Program 
 for an additional 5 years, to authorize a National Community Antidrug 
     Coalition Institute, and for other purposes. <<NOTE: Dec. 14, 
                         2001 -  [H.R. 2291]>> 

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

SECTION 1. FIVE-YEAR EXTENSION OF DRUG-FREE COMMUNITIES SUPPORT PROGRAM.

    (a) Findings.--Congress <<NOTE: 21 USC 1521 note.>> makes the 
following findings:
            (1) In the next 15 years, the youth population in the United 
        States will grow by 21 percent, adding 6,500,000 youth to the 
        population of the United States. Even if drug use rates remain 
        constant, there will be a huge surge in drug-related problems, 
        such as academic failure, drug-related violence, and HIV 
        incidence, simply due to this population increase.
            (2) According to the 1994-1996 National Household Survey, 60 
        percent of students age 12 to 17 who frequently cut classes and 
        who reported delinquent behavior in the past 6 months used 
        marijuana 52 days or more in the previous year.
            (3) The 2000 Washington Kids Count survey conducted by the 
        University of Washington reported that students whose peers have 
        little or no involvement with drinking and drugs have higher 
        math and reading scores than students whose peers had low level 
        drinking or drug use.
            (4) Substance abuse prevention works. In 1999, only 10 
        percent of teens saw marijuana users as popular, compared to 17 
        percent in 1998 and 19 percent in 1997. The rate of past-month 
        use of any drug among 12- to 17-year-olds declined 26 percent 
        between 1997 and 1999. Marijuana use for sixth through eighth 
        graders is at the lowest point in 5 years, as is use of cocaine, 
        inhalants, and hallucinogens.
            (5) 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. For example:
                    (A) The Boston Coalition brought college and 
                university presidents together to create the Cooperative 
                Agreement on Underage Drinking. This agreement 
                represents the first coordinated effort of Boston's many 
                institutions of higher education to address issues such 
                as binge drinking, underage drinking, and changing the 
                norms surrounding alcohol abuse that exist on college 
                and university campuses.
                    (B) In 2000, the Coalition for a Drug-Free Greater 
                Cincinnati surveyed more than 47,000 local students in

[[Page 115 STAT. 815]]

                grades 7 through 12. The results provided evidence that 
                the Coalition's initiatives are working. For the first 
                time in a decade, teen drug use in Greater Cincinnati 
                appears to be leveling off. The data collected from the 
                survey has served as a tool to strengthen relationships 
                between schools and communities, as well as facilitate 
                the growth of anti-drug coalitions in communities where 
                such coalitions had not existed.
                    (C) The Miami Coalition used a three-part strategy 
                to decrease the percentage of high school seniors who 
                reported using marijuana at least once during the most 
                recent 30-day period. The development of a media 
                strategy, the creation of a network of prevention 
                agencies, and discussions with high school students 
                about the dangers of marijuana all contributed to a 
                decrease in the percentage of seniors who reported using 
                marijuana from over 22 percent in 1995 to 9 percent in 
                1997. The Miami Coalition was able to achieve these 
                results while national rates of marijuana use were 
                increasing.
                    (D) The Nashville Prevention Partnership worked with 
                elementary and middle school children in an attempt to 
                influence them toward positive life goals and discourage 
                them from using substances. The Partnership targeted an 
                area in East Nashville and created after school 
                programs, mentoring opportunities, attendance 
                initiatives, and safe passages to and from school. 
                Attendance and test scores increased as a result of the 
                program.
                    (E) At a youth-led town meeting sponsored by the 
                Bering Strait Community Partnership in Nome, Alaska, 
                youth identified a need for a safe, substance-free 
                space. With help from a variety of community partners, 
                the Partnership staff and youth members created the Java 
                Hut, a substance-free coffeehouse designed for youth. 
                The Java Hut is helping to change norms in the community 
                by providing a fun, youth-friendly atmosphere and 
                activities that are not centered around alcohol or 
                marijuana.
                    (F) Portland's Regional Drug Initiative (RDI) has 
                promoted the establishment of drug-free workplaces among 
                the city's large and small employers. Over 3,000 
                employers have attended an RDI training session, and of 
                those, 92 percent have instituted drug-free workplace 
                policies. As a result, there has been a 5.5 percent 
                decrease in positive workplace drug tests.
                    (G) San Antonio Fighting Back worked to increase the 
                age at which youth first used illegal substances. 
                Research suggests that the later the age of first use, 
                the lower the risk that a young person will become a 
                regular substance abuser. As a result, the age of first 
                illegal drug use increased from 9.4 years in 1992 to 
                13.5 years in 1997.
                    (H) In 1990, multiple data sources confirmed a trend 
                of increased alcohol use by teenagers in the Troy 
                community. Using its ``multiple strategies over multiple 
                sectors'' approach, the Troy Coalition worked with 
                parents, physicians, students, coaches, and others to 
                address this problem from several angles. As a result, 
                the rate of twelfth grade students who had consumed 
                alcohol in the past month

[[Page 115 STAT. 816]]

                decreased from 62.1 percent to 53.3 percent between 1991 
                and 1998, and the rate of eighth grade students 
                decreased from 26.3 percent to 17.4 percent. The Troy 
                Coalition believes that this decline represents not only 
                a change in behavior on the part of students, but also a 
                change in the norms of the community.
            (6) Despite these successes, drug use continues to be a 
        serious problem facing communities across the United States. For 
        example:
                    (A) According to the Pulse Check: Trends in Drug 
                Abuse Mid-Year 2000 report--
                          (i) crack and powder cocaine remains the most 
                      serious drug problem;
                          (ii) marijuana remains the most widely 
                      available illicit drug, and its potency is on the 
                      rise;
                          (iii) treatment sources report an increase in 
                      admissions with marijuana as the primary drug of 
                      abuse--and adolescents outnumber other age groups 
                      entering treatment for marijuana;
                          (iv) 80 percent of Pulse Check sources 
                      reported increased availability of club drugs, 
                      with ecstasy (MDMA) and ketamine the most widely 
                      cited club drugs and seven sources reporting that 
                      powder cocaine is being used as a club drug by 
                      young adults;
                          (v) ecstasy abuse and trafficking is 
                      expanding, no longer confined to the ``rave'' 
                      scene;
                          (vi) the sale and use of club drugs has grown 
                      from nightclubs and raves to high schools, the 
                      streets, neighborhoods, open venues, and younger 
                      ages;
                          (vii) ecstasy users often are unknowingly 
                      purchasing adulterated tablets or some other 
                      substance sold as MDMA; and
                          (viii) along with reports of increased heroin 
                      snorting as a route of administration for 
                      initiates, there is also an increase in injecting 
                      initiates and the negative health consequences 
                      associated with injection (for example, increases 
                      in HIV/AIDS and Hepatitis C) suggesting that there 
                      is a generational forgetting of the dangers of 
                      injection of the drug.
                    (B) The 2000 Parent's Resource Institute for Drug 
                Education study reported that 23.6 percent of children 
                in the sixth through twelfth grades used illicit drugs 
                in the past year. The same study found that monthly 
                usage among this group was 15.3 percent.
                    (C) According to the 2000 Monitoring the Future 
                study, the use of ecstasy among eighth graders increased 
                from 1.7 percent in 1999 to 3.1 percent in 2000, among 
                tenth graders from 4.4 percent to 5.4 percent, and from 
                5.6 percent to 8.2 percent among twelfth graders.
                    (D) A 1999 Mellman Group study found that--
                          (i) 56 percent of the population in the United 
                      States believed that drug use was increasing in 
                      1999;
                          (ii) 92 percent of the population viewed 
                      illegal drug use as a serious problem in the 
                      United States; and
                          (iii) 73 percent of the population viewed 
                      illegal drug use as a serious problem in their 
                      communities.

[[Page 115 STAT. 817]]

            (7) According to the 2001 report of the National Center on 
        Addiction and Substance Abuse at Columbia University entitled 
        ``Shoveling Up: The Impact of Substance Abuse on State 
        Budgets'', using the most conservative assumption, in 1998 
        States spent $77,900,000,000 to shovel up the wreckage of 
        substance abuse, only $3,000,000,000 to prevent and treat the 
        problem and $433,000,000 for alcohol and tobacco regulation and 
        compliance. This $77,900,000,000 burden was distributed as 
        follows:
                    (A) $30,700,000,000 in the justice system (77 
                percent of justice spending).
                    (B) $16,500,000,000 in education costs (10 percent 
                of education spending).
                    (C) $15,200,000,000 in health costs (25 percent of 
                health spending).
                    (D) $7,700,000,000 in child and family assistance 
                (32 percent of child and family assistance spending).
                    (E) $5,900,000,000 in mental health and 
                developmental disabilities (31 percent of mental health 
                spending).
                    (F) $1,500,000,000 in public safety (26 percent of 
                public safety spending) and $400,000,000 for the state 
                workforce.
            (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 across the United States.
            (9) Substance abuse is perceived as a much greater problem 
        nationally than at the community level. According to a 2001 
        study sponsored by The Pew Charitable Trusts, between 1994 and 
        2000--
                    (A) there was a 43 percent increase in the 
                percentage of Americans who felt progress was being made 
                in the war on drugs at the community level;
                    (B) only 9 percent of Americans say drug abuse is a 
                ``crisis'' in their neighborhood, compared to 27 percent 
                who say this about the nation; and
                    (C) the percentage of those who felt we lost ground 
                in the war on drugs on a community level fell by more 
                than a quarter, from 51 percent in 1994 to 37 percent in 
                2000.

    (b) Extension and Increase of Program.--Section 1024(a) of the 
National Narcotics Leadership Act of 1988 (21 U.S.C. 1524(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (4); and
            (2) by striking paragraph (5) and inserting the following 
        new paragraphs:
            ``(5) $50,600,000 for fiscal year 2002;
            ``(6) $60,000,000 for fiscal year 2003;
            ``(7) $70,000,000 for fiscal year 2004;
            ``(8) $80,000,000 for fiscal year 2005;
            ``(9) $90,000,000 for fiscal year 2006; and
            ``(10) $99,000,000 for fiscal year 2007.''.

    (c) Extension of Limitation on Administrative Costs.--Section 
1024(b) of that Act (21 U.S.C. 1524(b)) is amended by striking paragraph 
(5) and inserting the following new paragraph (5):
            ``(5) 6 percent for each of fiscal years 2002 through 
        2007.''.

[[Page 115 STAT. 818]]

    (d) Additional Grants.--Section 1032(b) of that Act (21 U.S.C. 
1533(b)) is amended by adding at the end the following new paragraph 
(3):
            ``(3) Additional grants.--
                    ``(A) In general.--Subject to subparagraph (F), the 
                Administrator may award an additional grant under this 
                paragraph to an eligible coalition awarded a grant under 
                paragraph (1) or (2) for any first fiscal year after the 
                end of the 4-year period following the period of the 
                initial grant under paragraph (1) or (2), as the case 
                may be.
                    ``(B) Scope of grants.--A coalition awarded a grant 
                under paragraph (1) or (2), including a renewal grant 
                under such paragraph, may not be awarded another grant 
                under such paragraph, and is eligible for an additional 
                grant under this section only under this paragraph.
                    ``(C) No priority for applications.--The 
                Administrator may not afford a higher priority in the 
                award of an additional grant under this paragraph than 
                the Administrator would afford the applicant for the 
                grant if the applicant were submitting an application 
                for an initial grant under paragraph (1) or (2) rather 
                than an application for a grant under this paragraph.
                    ``(D) Renewal grants.--Subject to subparagraph (F), 
                the Administrator may award a renewal grant to a grant 
                recipient under this paragraph for each of the fiscal 
                years of the 4-fiscal-year period following the fiscal 
                year for which the initial additional grant under 
                subparagraph (A) is awarded in an amount not to exceed 
                amounts as follows:
                          ``(i) For the first and second fiscal years of 
                      that 4-fiscal-year period, the amount equal to 80 
                      percent of the non-Federal funds, including in-
                      kind contributions, raised by the coalition for 
                      the applicable fiscal year.
                          ``(ii) For the third and fourth fiscal years 
                      of that 4-fiscal-year period, the amount equal to 
                      67 percent of the non-Federal funds, including in-
                      kind contributions, raised by the coalition for 
                      the applicable fiscal year.
                    ``(E) Suspension.--If a grant recipient under this 
                paragraph fails to continue to meet the criteria 
                specified in subsection (a), the Administrator may 
                suspend the grant, after providing written notice to the 
                grant recipient and an opportunity to appeal.
                    ``(F) Limitation.--The amount of a grant award under 
                this paragraph may not exceed $100,000 for a fiscal 
                year.''.

    (e) Data Collection and Dissemination.--Section 1033(b) of that Act 
(21 U.S.C. 1533(b)) is amended by adding at the end the following new 
paragraph:
            ``(3) Consultation.--The Administrator shall carry out 
        activities under this subsection in consultation with the 
        Advisory Commission and the National Community Antidrug 
        Coalition Institute.''.

    (f) Limitation on Use of Certain Funds for Evaluation of Program.--
Section 1033(b) of that Act, as amended by subsection (e) of this 
section, is further amended by adding at the end the following new 
paragraph:

[[Page 115 STAT. 819]]

            ``(4) Limitation on use of certain funds for evaluation of 
        program.--Amounts for activities under paragraph (2)(B) may not 
        be derived from amounts under section 1024(a) except for amounts 
        that are available under section 1024(b) for administrative 
        costs.''.

    (g) Treatment of Funds for Coalitions Representing Certain 
Organizations.--Section 1032 of that Act (21 U.S.C. 1532) is further 
amended by adding at the end the following new subsection:
    ``(c) Treatment of Funds for Coalitions Representing Certain 
Organizations.--Funds appropriated for the substance abuse activities of 
a coalition that includes a representative of the Bureau of Indian 
Affairs, the Indian Health Service, or a tribal government agency with 
expertise in the field of substance abuse may be counted as non-Federal 
funds raised by the coalition for purposes of this section.''.
    (h) Priority in Awarding Grants.--Section 1032 of that Act (21 
U.S.C. 1532) is further amended by adding at the end the following new 
subsection:
    ``(d) Priority in Awarding Grants.--In awarding grants under 
subsection (b)(1)(A)(i), priority shall be given to a coalition serving 
economically disadvantaged areas.''.

SEC. 2. SUPPLEMENTAL GRANTS FOR COALITION MENTORING ACTIVITIES UNDER 
            DRUG-FREE COMMUNITIES SUPPORT PROGRAM.

    Subchapter I of chapter 2 of the National Narcotics Leadership Act 
of 1988 (21 U.S.C. 1531 et seq.) is amended by adding at the end the 
following new section:

``SEC. 1035. <<NOTE: 21 USC 1535.>> SUPPLEMENTAL GRANTS FOR COALITION 
            MENTORING ACTIVITIES.

    ``(a) Authority To Make Grants.--As part of the program established 
under section 1031, the Director may award an initial grant under this 
subsection, and renewal grants under subsection (f), to any coalition 
awarded a grant under section 1032 that meets the criteria specified in 
subsection (d) in order to fund coalition mentoring activities by such 
coalition in support of the program.
    ``(b) Treatment With Other Grants.--
            ``(1) Supplement.--A grant awarded to a coalition under this 
        section is in addition to any grant awarded to the coalition 
        under section 1032.
            ``(2) Requirement for basic grant.--A coalition may not be 
        awarded a grant under this section for a fiscal year unless the 
        coalition was awarded a grant or renewal grant under section 
        1032(b) for that fiscal year.

    ``(c) Application.--A coalition seeking a grant under this section 
shall submit to the Administrator an application for the grant in such 
form and manner as the Administrator may require.
    ``(d) Criteria.--A coalition meets the criteria specified in this 
subsection if the coalition--
            ``(1) has been in existence for at least 5 years;
            ``(2) has achieved, by or through its own efforts, 
        measurable results in the prevention and treatment of substance 
        abuse among youth;
            ``(3) has staff or members willing to serve as mentors for 
        persons seeking to start or expand the activities of other 
        coalitions in the prevention and treatment of substance abuse;

[[Page 115 STAT. 820]]

            ``(4) has demonstrable support from some members of the 
        community in which the coalition mentoring activities to be 
        supported by the grant under this section are to be carried out; 
        and
            ``(5) submits to the Administrator a detailed plan for the 
        coalition mentoring activities to be supported by the grant 
        under this section.

    ``(e) Use of Grant Funds.--A coalition awarded a grant under this 
section shall use the grant amount for mentoring activities to support 
and encourage the development of new, self-supporting community 
coalitions that are focused on the prevention and treatment of substance 
abuse in such new coalitions' communities. The mentoring coalition shall 
encourage such development in accordance with the plan submitted by the 
mentoring coalition under subsection (d)(5).
    ``(f) Renewal Grants.--The Administrator may make a renewal grant to 
any coalition awarded a grant under subsection (a), or a previous 
renewal grant under this subsection, if the coalition, at the time of 
application for such renewal grant--
            ``(1) continues to meet the criteria specified in subsection 
        (d); and
            ``(2) has made demonstrable progress in the development of 
        one or more new, self-supporting community coalitions that are 
        focused on the prevention and treatment of substance abuse.

    ``(g) Grant Amounts.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        total amount of grants awarded to a coalition under this section 
        for a fiscal year may not exceed the amount of non-Federal funds 
        raised by the coalition, including in-kind contributions, for 
        that fiscal year. Funds appropriated for the substance abuse 
        activities of a coalition that includes a representative of the 
        Bureau of Indian Affairs, the Indian Health Service, or a tribal 
        government agency with expertise in the field of substance abuse 
        may be counted as non-Federal funds raised by the coalition.
            ``(2) Initial grants.--The amount of the initial grant 
        awarded to a coalition under subsection (a) may not exceed 
        $75,000.
            ``(3) Renewal grants.--The total amount of renewal grants 
        awarded to a coalition under subsection (f) for any fiscal year 
        may not exceed $75,000.

    ``(h) Fiscal Year Limitation on Amount Available for Grants.--The 
total amount available for grants under this section, including renewal 
grants under subsection (f), in any fiscal year may not exceed the 
amount equal to five percent of the amount authorized to be appropriated 
by section 1024(a) for that fiscal year.
    ``(i) Priority in Awarding Initial Grants.--In awarding initial 
grants under this section, priority shall be given to a coalition that 
expressly proposes to provide mentorship to a coalition or aspiring 
coalition serving economically disadvantaged areas.''.

SEC. 3. FIVE-YEAR EXTENSION OF ADVISORY COMMISSION ON DRUG-FREE 
            COMMUNITIES.

    Section 1048 of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1548) is amended by striking ``2002'' and inserting ``2007''.

[[Page 115 STAT. 821]]

SEC. 4. <<NOTE: 21 USC 1521 note.>> AUTHORIZATION FOR NATIONAL COMMUNITY 
            ANTIDRUG COALITION INSTITUTE.

    (a) In General.--The Director of the Office of National Drug Control 
Policy may, using amounts authorized to be appropriated by subsection 
(d), make a grant to an eligible organization to provide for the 
establishment of a National Community Antidrug Coalition Institute.
    (b) Eligible Organizations.--An organization eligible for the grant 
under subsection (a) is any national nonprofit organization that 
represents, provides technical assistance and training to, and has 
special expertise and broad, national-level experience in community 
antidrug coalitions under section 1032 of the National Narcotics 
Leadership Act of 1988 (21 U.S.C. 1532).
    (c) Use of Grant Amount.--The organization receiving the grant under 
subsection (a) shall establish a National Community Antidrug Coalition 
Institute to--
            (1) provide education, training, and technical assistance 
        for coalition leaders and community teams, with emphasis on the 
        development of coalitions serving economically disadvantaged 
        areas;
            (2) develop and disseminate evaluation tools, mechanisms, 
        and measures to better assess and document coalition performance 
        measures and outcomes; and
            (3) bridge the gap between research and practice by 
        translating knowledge from research into practical information.

    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for purposes of activities under this section, including 
the grant under subsection (a), amounts as follows:
            (1) For each of fiscal years 2002 and 2003, $2,000,000.
            (2) For each of fiscal years 2004 and 2005, $1,000,000.
            (3) For each of fiscal years 2006 and 2007, $750,000.

SEC. 5. <<NOTE: 21 USC 1521 note.>> PROHIBITION AGAINST DUPLICATION OF 
            EFFORT.

    The Director of the Office of National Drug Control Policy shall 
ensure that the same or similar activities are not carried out, through 
the use of funds for administrative costs provided under subchapter II 
of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et 
seq.) or funds provided under section 4 of this Act, by more than one 
recipient of such funds.

    Approved December 14, 2001.

LEGISLATIVE HISTORY--H.R. 2291:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-175, Pt. 1 (Comm. on Government Reform).
CONGRESSIONAL RECORD, Vol. 147 (2001):
            Sept. 5, considered and passed House.
            Nov. 29, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
            Dec. 14, Presidential remarks.

                                  <all>