[105th Congress Public Law 20]
[From the U.S. Government Printing Office]
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[DOCID: f:publ20.105]
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DRUG-FREE COMMUNITIES ACT OF 1997
[[Page 111 STAT. 224]]
Public Law 105-20
105th Congress
An Act
To amend the National Narcotics Leadership Act of 1988 to establish a
program to support and encourage local communities that first
demonstrate a comprehensive, long-term commitment to reduce substance
abuse among youth, and for other purposes. <<NOTE: June 27,
1997 - [H.R. 956]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Drug-Free
Communities Act of 1997. 21 USC 1501 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug-Free Communities Act of 1997''.
SEC. 2. NATIONAL DRUG CONTROL PROGRAM.
(a) In General.--The National Narcotics Leadership Act of 1988 (21
U.S.C. 1501 et seq.) is amended--
(1) by inserting between sections 1001 and 1002 the
following:
``CHAPTER 1--OFFICE OF NATIONAL DRUG CONTROL POLICY '';
and
(2) by adding at the end the following:
``CHAPTER 2--DRUG-FREE COMMUNITIES
``SEC. 1021. <<NOTE: 21 USC 1521.>> FINDINGS.
``Congress finds the following:
``(1) Substance abuse among youth has more than doubled in
the 5-year period preceding 1996, with substantial increases in
the use of marijuana, inhalants, cocaine, methamphetamine, LSD,
and heroin.
``(2) The most dramatic increases in substance abuse has
occurred among 13- and 14-year-olds.
``(3) Casual or periodic substance abuse by youth today will
contribute to hard core or chronic substance abuse by the next
generation of adults.
``(4) Substance abuse is at the core of other problems, such
as rising violent teenage and violent gang crime, increasing
health care costs, HIV infections, teenage pregnancy, high
school dropouts, and lower economic productivity.
``(5) Increases in substance abuse among youth are due in
large part to an erosion of understanding by youth of the high
risks associated with substance abuse, and to the softening of
peer norms against use.
[[Page 111 STAT. 225]]
``(6)(A) Substance abuse is a preventable behavior and a
treatable disease; and
``(B)(i) during the 13-year period beginning with 1979,
monthly use of illegal drugs among youth 12 to 17 years of age
declined by over 70 percent; and
``(ii) data suggests that if parents would simply talk to
their children regularly about the dangers of substance abuse,
use among youth could be expected to decline by as much as 30
percent.
``(7) 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.
``(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 throughout the United States.
``SEC. 1022. <<NOTE: 21 USC 1522.>> PURPOSES.
``The purposes of this chapter are--
``(1) to reduce substance abuse among youth in communities
throughout the United States, and over time, to reduce substance
abuse among adults;
``(2) to strengthen collaboration among communities, the
Federal Government, and State, local, and tribal governments;
``(3) to enhance intergovernmental cooperation and
coordination on the issue of substance abuse among youth;
``(4) to serve as a catalyst for increased citizen
participation and greater collaboration among all sectors and
organizations of a community that first demonstrates a long-term
commitment to reducing substance abuse among youth;
``(5) to rechannel resources from the fiscal year 1998
Federal drug control budget to provide technical assistance,
guidance, and financial support to communities that demonstrate
a long-term commitment in reducing substance abuse among youth;
``(6) to disseminate to communities timely information
regarding the state-of-the-art practices and initiatives that
have proven to be effective in reducing substance abuse among
youth;
``(7) to enhance, not supplant, local community initiatives
for reducing substance abuse among youth; and
``(8) to encourage the creation of and support for community
anti-drug coalitions throughout the United States.
``SEC. 1023. <<NOTE: 21 USC 1523.>> DEFINITIONS.
``In this chapter:
``(1) Administrator.--The term `Administrator' means the
Administrator appointed by the Director under section 1031(c).
``(2) Advisory commission.--The term `Advisory Commission'
means the Advisory Commission established under section 1041.
``(3) Community.--The term `community' shall have the
meaning provided that term by the Administrator, in consultation
with the Advisory Commission.
``(4) Director.--The term `Director' means the Director of
the Office of National Drug Control Policy.
[[Page 111 STAT. 226]]
``(5) Eligible coalition.--The term `eligible coalition'
means a coalition that meets the applicable criteria under
section 1032(a).
``(6) Grant recipient.--The term `grant recipient' means the
recipient of a grant award under section 1032.
``(7) Nonprofit organization.--The term `nonprofit
organization' means an organization described under section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from taxation under section 501(a) of the Internal Revenue Code
of 1986.
``(8) Program.--The term `Program' means the program
established under section 1031(a).
``(9) Substance abuse.--The term `substance abuse' means--
``(A) the illegal use or abuse of drugs, including
substances listed in schedules I through V of section
112 of the Controlled Substances Act (21 U.S.C. 812);
``(B) the abuse of inhalants; or
``(C) the use of alcohol, tobacco, or other related
product as such use is prohibited by State or local law.
``(10) Youth.--The term `youth' shall have the meaning
provided that term by the Administrator, in consultation with
the Advisory Commission.
``SEC. 1024. <<NOTE: 21 USC 1524.>> AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Office of National Drug Control Policy to carry out this chapter--
``(1) $10,000,000 for fiscal year 1998;
``(2) $20,000,000 for fiscal year 1999;
``(3) $30,000,000 for fiscal year 2000;
``(4) $40,000,000 for fiscal year 2001; and
``(5) $43,500,000 for fiscal year 2002.
``(b) Administrative Costs.--Not more than the following percentages
of the amounts authorized under subsection (a) may be used to pay
administrative costs:
``(1) 10 percent for fiscal year 1998.
``(2) 6 percent for fiscal year 1999.
``(3) 4 percent for fiscal year 2000.
``(4) 3 percent for fiscal year 2001.
``(5) 3 percent for fiscal year 2002.
``Subchapter I--Drug-Free Communities Support Program
``SEC. 1031. <<NOTE: 21 USC 1531.>> ESTABLISHMENT OF DRUG-FREE
COMMUNITIES SUPPORT PROGRAM.
``(a) Establishment.--The Director shall establish a program to
support communities in the development and implementation of
comprehensive, long-term plans and programs to prevent and treat
substance abuse among youth.
``(b) Program.--In carrying out the Program, the Director shall--
``(1) <<NOTE: Grants.>> make and track grants to grant
recipients;
``(2) provide for technical assistance and training, data
collection, and dissemination of information on state-of-the-art
practices that the Director determines to be effective in
reducing substance abuse; and
[[Page 111 STAT. 227]]
``(3) provide for the general administration of the Program.
``(c) Administration.--Not later than 30 days after receiving
recommendations from the Advisory Commission under section 1042(a)(1),
the Director shall appoint an Administrator to carry out the Program.
``(d) 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 chapter.
``SEC. 1032. <<NOTE: 21 USC 1532.>> PROGRAM AUTHORIZATION.
``(a) Grant Eligibility.--To be eligible to receive an initial grant
or a renewal grant under this subchapter, a coalition shall meet each of
the following criteria:
``(1) Application.--The coalition shall submit an
application to the Administrator in accordance with section
1033(a)(2).
``(2) Major sector involvement.--
``(A) In general.--The coalition shall consist of 1
or more representatives of each of the following
categories:
``(i) Youth.
``(ii) Parents.
``(iii) Businesses.
``(iv) The media.
``(v) Schools.
``(vi) Organizations serving youth.
``(vii) Law enforcement.
``(viii) Religious or fraternal organizations.
``(ix) Civic and volunteer groups.
``(x) Health care professionals.
``(xi) State, local, or tribal governmental
agencies with expertise in the field of substance
abuse (including, if applicable, the State
authority with primary authority for substance
abuse).
``(xii) Other organizations involved in
reducing substance abuse.
``(B) Elected officials.--If feasible, in addition
to representatives from the categories listed in
subparagraph (A), the coalition shall have an elected
official (or a representative of an elected official)
from--
``(i) the Federal Government; and
``(ii) the government of the appropriate State
and political subdivision thereof or the governing
body or an Indian tribe (as that term is defined
in section 4(e) of the Indian Self-Determination
Act (25 U.S.C. 450b(e))).
``(C) Representation.--An individual who is a member
of the coalition may serve on the coalition as a
representative of not more than 1 category listed under
subparagraph (A).
``(3) Commitment.--The coalition shall demonstrate, to the
satisfaction of the Administrator--
``(A) that the representatives of the coalition have
worked together on substance abuse reduction
initiatives, which, at a minimum, includes initiatives
that target drugs referenced in section 1023(9)(A), for
a period of not less
[[Page 111 STAT. 228]]
than 6 months, acting through entities such as task
forces, subcommittees, or community boards; and
``(B) substantial participation from volunteer
leaders in the community involved (especially in
cooperation with individuals involved with youth such as
parents, teachers, coaches, youth workers, and members
of the clergy).
``(4) Mission and strategies.--The coalition shall, with
respect to the community involved--
``(A) have as its principal mission the reduction of
substance abuse, which, at a minimum, includes the use
and abuse of drugs referenced in section 1023(9)(A), in
a comprehensive and long-term manner, with a primary
focus on youth in the community;
``(B) describe and document the nature and extent of
the substance abuse problem, which, at a minimum,
includes the use and abuse of drugs referenced in
section 1023(9)(A), in the community;
``(C)(i) provide a description of substance abuse
prevention and treatment programs and activities, which,
at a minimum, includes programs and activities relating
to the use and abuse of drugs referenced in section
1023(9)(A), in existence at the time of the grant
application; and
``(ii) identify substance abuse programs and service
gaps, which, at a minimum, includes programs and gaps
relating to the use and abuse of drugs referenced in
section 1023(9)(A), in the community;
``(D) develop a strategic plan to reduce substance
abuse among youth, which, at a minimum, includes the use
and abuse of drugs referenced in section 1023(9)(A), in
a comprehensive and long-term fashion; and
``(E) work to develop a consensus regarding the
priorities of the community to combat substance abuse
among youth, which, at a minimum, includes the use and
abuse of drugs referenced in section 1023(9)(A).
``(5) Sustainability.--The coalition shall demonstrate that
the coalition is an ongoing concern by demonstrating that the
coalition--
``(A) is--
``(i)(I) a nonprofit organization; or
``(II) an entity that the Administrator
determines to be appropriate; or
``(ii) part of, or is associated with, an
established legal entity;
``(B) receives financial support (including, in the
discretion of the Administrator, in-kind contributions)
from non-Federal sources; and
``(C) has a strategy to solicit substantial
financial support from non-Federal sources to ensure
that the coalition and the programs operated by the
coalition are self-sustaining.
``(6) Accountability.--The coalition shall--
``(A) establish a system to measure and report
outcomes--
``(i) consistent with common indicators and
evaluation protocols established by the
Administrator; and
``(ii) approved by the Administrator;
``(B) conduct--
[[Page 111 STAT. 229]]
``(i) for an initial grant under this
subchapter, an initial benchmark survey of drug
use among youth (or use local surveys or
performance measures available or accessible in
the community at the time of the grant
application); and
``(ii) biennial surveys (or incorporate local
surveys in existence at the time of the
evaluation) to measure the progress and
effectiveness of the coalition; and
``(C) provide assurances that the entity conducting
an evaluation under this paragraph, or from which the
coalition receives information, has experience--
``(i) in gathering data related to substance
abuse among youth; or
``(ii) in evaluating the effectiveness of
community anti-drug coalitions.
``(b) Grant Amounts.--
``(1) In general.--
``(A) Grants.--
``(i) In general.--Subject to clause (iv), for
a fiscal year, the Administrator may grant to an
eligible coalition under this paragraph, an amount
not to exceed the amount of non-Federal funds
raised by the coalition, including in-kind
contributions, for that fiscal year.
``(ii) Suspension of grants.--If such grant
recipient 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.
``(iii) Renewal grants.--Subject to clause
(iv), the Administrator may award a renewal grant
to a grant recipient under this subparagraph for
each fiscal year following the fiscal year for
which an initial grant is awarded, in an amount
not to exceed the amount of non-Federal funds
raised by the coalition, including in-kind
contributions, for that fiscal year, during the 4-
year period following the period of the initial
grant.
``(iv) Limitation.--The amount of a grant
award under this subparagraph may not exceed
$100,000 for a fiscal year.
``(B) Coalition awards.--
``(i) In general.--Except as provided in
clause (ii), the Administrator may, with respect
to a community, make a grant to 1 eligible
coalition that represents that community.
``(ii) Exception.--The Administrator may make
a grant to more than 1 eligible coalition that
represents a community if--
``(I) the eligible coalitions
demonstrate that the coalitions are
collaborating with one another; and
``(II) each of the coalitions has
independently met the requirements set
forth in subsection (a).
``(2) Rural coalition grants.--
``(A) In general.--
``(i) In general.--In addition to awarding
grants under paragraph (1), to stimulate the
development of coalitions in sparsely populated
and rural areas, the
[[Page 111 STAT. 230]]
Administrator, in consultation with the Advisory
Commission, may award a grant in accordance with
this section to a coalition that represents a
county with a population that does not exceed
30,000 individuals. In awarding a grant under this
paragraph, the Administrator may waive any
requirement under subsection (a) if the
Administrator considers that waiver to be
appropriate.
``(ii) Matching requirement.--Subject to
subparagraph (C), for a fiscal year, the
Administrator may grant to an eligible coalition
under this paragraph, an amount not to exceed the
amount of non-Federal funds raised by the
coalition, including in-kind contributions, for
that fiscal year.
``(iii) Suspension of grants.--If such grant
recipient fails to continue to meet any criteria
specified in subsection (a) that has not been
waived by the Administrator pursuant to clause
(i), the Administrator may suspend the grant,
after providing written notice to the grant
recipient and an opportunity to appeal.
``(B) Renewal grants.--The Administrator may award a
renewal grant to an eligible coalition that is a grant
recipient under this paragraph for each fiscal year
following the fiscal year for which an initial grant is
awarded, in an amount not to exceed the amount of non-
Federal funds raised by the coalition, including in-kind
contributions, during the 4-year period following the
period of the initial grant.
``(C) Limitations.--
``(i) Amount.--The amount of a grant award
under this paragraph shall not exceed $100,000 for
a fiscal year.
``(ii) Awards.--With respect to a county
referred to in subparagraph (A), the Administrator
may award a grant under this section to not more
than 1 eligible coalition that represents the
county.
``SEC. 1033. <<NOTE: 21 USC 1533.>> INFORMATION COLLECTION AND
DISSEMINATION WITH RESPECT TO GRANT RECIPIENTS.
``(a) Coalition Information.--
``(1) General auditing authority.--For the purpose of audit
and examination, the Administrator--
``(A) shall have access to any books, documents,
papers, and records that are pertinent to any grant or
grant renewal request under this chapter; and
``(B) may periodically request information from a
grant recipient to ensure that the grant recipient meets
the applicable criteria under section 1032(a).
``(2) Application process.--The Administrator shall issue a
request for proposal regarding, with respect to the grants
awarded under section 1032, the application process, grant
renewal, and suspension or withholding of renewal grants. Each
application under this paragraph shall be in writing and shall
be subject to review by the Administrator.
``(3) Reporting.--The Administrator shall, to the maximum
extent practicable and in a manner consistent with applicable
law, minimize reporting requirements by a grant recipient and
[[Page 111 STAT. 231]]
expedite any application for a renewal grant made under this
subchapter.
``(b) Data Collection and Dissemination.--
``(1) In general.--The Administrator may collect data from--
``(A) national substance abuse organizations that
work with eligible coalitions, community anti-drug
coalitions, departments or agencies of the Federal
Government, or State or local governments and the
governing bodies of Indian tribes; and
``(B) any other entity or organization that carries
out activities that relate to the purposes of the
Program.
``(2) Activities of administrator.--The Administrator may--
``(A) evaluate the utility of specific initiatives
relating to the purposes of the Program;
``(B) conduct an evaluation of the Program; and
``(C) disseminate information described in this
subsection to--
``(i) eligible coalitions and other substance
abuse organizations; and
``(ii) the general public.
``SEC. 1034. <<NOTE: 21 USC 1534.>> TECHNICAL ASSISTANCE AND TRAINING.
``(a) In General.--
``(1) Technical assistance and agreements.--With respect to
any grant recipient or other organization, the Administrator
may--
``(A) offer technical assistance and training; and
``(B) enter into contracts and cooperative
agreements.
``(2) Coordination of programs.--The Administrator may
facilitate the coordination of programs between a grant
recipient and other organizations and entities.
``(b) Training.--The Administrator may provide training to any
representative designated by a grant recipient in--
``(1) coalition building;
``(2) task force development;
``(3) mediation and facilitation, direct service, assessment
and evaluation; or
``(4) any other activity related to the purposes of the
Program.
``Subchapter II--Advisory Commission
``SEC. 1041. <<NOTE: 21 USC 1541.>> ESTABLISHMENT OF ADVISORY
COMMISSION.
``(a) Establishment.--There is established a commission to be known
as the `Advisory Commission on Drug-Free Communities'.
``(b) Purpose.--The Advisory Commission shall advise, consult with,
and make recommendations to the Director concerning matters related to
the activities carried out under the Program.
``SEC. 1042. <<NOTE: 21 USC 1542.>> DUTIES.
``(a) In General.--The Advisory Commission--
``(1) shall, not later than 30 days after its first meeting,
make recommendations to the Director regarding the selection of
an Administrator;
[[Page 111 STAT. 232]]
``(2) may make recommendations to the Director regarding any
grant, contract, or cooperative agreement made by the Program;
``(3) may make recommendations to the Director regarding the
activities of the Program;
``(4) may make recommendations to the Director regarding any
policy or criteria established by the Director to carry out the
Program;
``(5) may--
``(A) collect, by correspondence or by personal
investigation, information concerning initiatives,
studies, services, programs, or other activities of
coalitions or organizations working in the field of
substance abuse in the United States or any other
country; and
``(B) with the approval of the Director, make the
information referred to in subparagraph (A) available
through appropriate publications or other methods for
the benefit of eligible coalitions and the general
public; and
``(6) may appoint subcommittees and convene workshops and
conferences.
``(b) <<NOTE: Notification.>> Recommendations.--If the Director
rejects any recommendation of the Advisory Commission under subsection
(a)(1), the Director shall notify the Advisory Commission in writing of
the reasons for the rejection not later than 15 days after receiving the
recommendation.
``(c) Conflict of Interest.--A member of the Advisory Commission
shall recuse himself or herself from any decision that would constitute
a conflict of interest.
``SEC. 1043. <<NOTE: 21 USC 1543.>> MEMBERSHIP.
``(a) <<NOTE: President.>> In General.--The President shall appoint
11 members to the Advisory Commission as follows:
``(1) four members shall be appointed from the general
public and shall include leaders--
``(A) in fields of youth development, public policy,
law, or business; or
``(B) of nonprofit organizations or private
foundations that fund substance abuse programs.
``(2) four members shall be appointed from the leading
representatives of national substance abuse reduction
organizations, of which no fewer than three members shall have
extensive training or experience in drug prevention.
``(3) three members shall be appointed from the leading
representatives of State substance abuse reduction
organizations.
``(b) Chairperson.--The Advisory Commission shall elect a
chairperson or co-chairpersons from among its members.
``(c) Ex Officio Members.--The ex officio membership of the Advisory
Commission shall consist of any two officers or employees of the United
States that the Director determines to be necessary for the Advisory
Commission to effectively carry out its functions.
``SEC. 1044. <<NOTE: 21 USC 1544.>> COMPENSATION.
``(a) In General.--Members of the Advisory Commission who are
officers or employees of the United States shall not receive any
additional compensation for service on the Advisory Commission. The
remaining members of the Advisory Commission shall receive, for each day
(including travel time) that they are engaged
[[Page 111 STAT. 233]]
in the performance of the functions of the Advisory Commission,
compensation at rates not to exceed the daily equivalent to the annual
rate of basic pay payable for grade GS-10 of the General Schedule.
``(b) Travel Expenses.--Each member of the Advisory Commission shall
receive travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
``SEC. 1045. <<NOTE: 21 USC 1545.>> TERMS OF OFFICE.
``(a) In General.--Subject to subsection (b), the term of office of
a member of the Advisory Commission shall be 3 years, except that, as
designated at the time of appointment--
``(1) of the initial members appointed under section
1043(a)(1), two shall be appointed for a term of 2 years;
``(2) of the initial members appointed under section
1043(a)(2), two shall be appointed for a term of 2 years; and
``(3) of the initial members appointed under section
1043(a)(3), one shall be appointed for a term of 1 year.
``(b) Vacancies.--Any member appointed to fill a vacancy for an
unexpired term of a member shall serve for the remainder of the
unexpired term. A member of the Advisory Commission may serve after the
expiration of such member's term until a successor has been appointed
and taken office.
``SEC. 1046. <<NOTE: 21 USC 1546.>> MEETINGS.
``(a) In General.--After its initial meeting, the Advisory
Commission shall meet, with the advanced approval of the Administrator,
at the call of the Chairperson (or Co-chairpersons) of the Advisory
Commission or a majority of its members or upon the request of the
Director or Administrator of the Program.
``(b) Quorum.--Six members of the Advisory Commission shall
constitute a quorum.
``SEC. 1047. <<NOTE: 21 USC 1547.>> STAFF.
``The Administrator shall make available to the Advisory Commission
adequate staff, information, and other assistance.
[[Page 111 STAT. 234]]
``SEC. 1048. <<NOTE: 21 USC 1548.>> TERMINATION.
``The Advisory Commission shall terminate at the end of fiscal year
2002.''.
(b) <<NOTE: 21 USC 1501 note.>> References.--Each reference in
Federal law to subtitle A of the Anti-Drug Abuse Act of 1988, with the
exception of section 1001 of such subtitle, in any provision of law that
is in effect on the day before the date of enactment of this Act shall
be deemed to be a reference to chapter 1 of the National Narcotics
Leadership Act of 1988 (as so designated by this section).
Approved June 27, 1997.
LEGISLATIVE HISTORY--H.R. 956 (S. 536):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-105, Pt. 1 (Comm. on Government Reform and
Oversight).
CONGRESSIONAL RECORD, Vol. 143 (1997):
May 22, considered and passed House.
June 18, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
June 27, Presidential remarks.
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