I 

108TH CONGRESS 

1ST SESSION H. R. 2061

To make improvements with respect to the Drug-Free Media Campaign Act 

of 1998 and to authorize such Campaign through fiscal year 2008. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2003

Mr. PORTMAN (for himself and Mr. CUMMINGS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL

To make improvements with respect to the Drug-Free Media 

Campaign Act of 1998 and to authorize such Campaign 

through fiscal year 2008.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Youth Anti5 Drug Media Campaign Reauthorization Act of 2003’’. 

6 SEC. 2. GENERAL IMPROVEMENTS TO NATIONAL ANTI7 DRUG MEDIA CAMPAIGN AND REAUTHORIZA8 TION. 

9 The Drug-Free Media Campaign Act of 1998 (21 

10 U.S.C. 1801 et seq.) is amended—
2

•HR 2061 IH 

1 (1) in section 101, by striking ‘‘Drug-Free 

2 Media Campaign Act of 1998’’ and inserting ‘‘Na3 tional Youth Anti-Drug Media Campaign Act’’; 

4 (2) in section 102—

5 (A) in subsection (a), by striking ‘‘national 

6 media campaign’’ and all that follows through 

7 the period and inserting the following: ‘‘national 

8 youth anti-drug media campaign (referred to in 

9 this subtitle as the ‘national media campaign’) 

10 in accordance with this subtitle for the purposes 

11 of—

12 ‘‘(1) preventing drug abuse among young peo13 ple in the United States; 

14 ‘‘(2) increasing awareness of adults of the im15 pact of drug abuse on young people in the United 

16 States; and 

17 ‘‘(3) encouraging parents and other interested 

18 adults to discuss with young people the dangers as19 sociated with drug use.’’; 

20 (B) in subsection (b), by striking ‘‘105’’ 

21 and inserting ‘‘106’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(c) DIVISION OF RESPONSIBILITIES AND FUNC24 TIONS UNDER THE PROGRAM.—
3

•HR 2061 IH 

1 ‘‘(1) IN GENERAL.—The Director, in consulta2 tion with the Partnership for a Drug Free America, 

3 shall determine the overall purposes and strategy of 

4 the national media campaign. 

5 ‘‘(2) RESPONSIBILITIES.—

6 ‘‘(A) DIRECTOR.—The Director shall be 

7 responsible for implementing a focused national 

8 media campaign to meet the purposes set forth 

9 in section 102(a), and shall approve—

10 ‘‘(i) the strategy of the national media 

11 campaign; 

12 ‘‘(ii) all advertising used in the na13 tional media campaign; and 

14 ‘‘(iii) the plan for the purchase of ad15 vertising time and space for the national 

16 media campaign. 

17 ‘‘(B) THE PARTNERSHIP FOR A DRUG18 FREE AMERICA.—The Director shall request 

19 that the Partnership for a Drug-Free Amer20 ica—

21 ‘‘(i) recommend strategies to achieve 

22 the goals of the national media campaign 

23 that address national, regional, and local 

24 drug threats; 
4

•HR 2061 IH 

1 ‘‘(ii) create all advertising to be used 

2 in the national media campaign, except ad3 vertisements that are—

4 ‘‘(I) provided by other nonprofit 

5 entities pursuant to section 103(c); 

6 ‘‘(II) intended to reach a minor7 ity, ethnic, or other special audience 

8 that cannot be obtained at no cost 

9 (not including production costs and 

10 talent reuse payments); and 

11 ‘‘(III) any other advertisements 

12 that the Partnership for a Drug-Free 

13 America determines it is unable to 

14 provide; and 

15 ‘‘(iii) test all advertisements prior to 

16 use in the national media campaign to en17 sure that the advertisements are effective 

18 and meet industry-accepted standards. 

19 ‘‘(C) MEDIA BUYING CONTRACTOR.—The 

20 Director shall enter into a contract with a 

21 media buying contractor to plan and purchase 

22 advertising time and space for the national 

23 media campaign.’’; 

24 (3) in section 103—

25 (A) in subsection (a)—
5

•HR 2061 IH 

1 (i) in paragraph (1)—

2 (I) in subparagraph (A), by in3 serting ‘‘, including the strategic plan4 ning for, and accounting of, such pur5 chases’’ after ‘‘space’’; 

6 (II) in subparagraph (C), by 

7 striking ‘‘out-of-pocket’’; and 

8 (III) in subparagraph (F), by 

9 striking ‘‘the Office of National Drug 

10 Control Policy’’ and inserting ‘‘either 

11 the Office of National Drug Control 

12 Policy or the designee of the Office’’; 

13 and 

14 (ii) by striking paragraph (2) and in15 serting the following: 

16 ‘‘(2) ADVERTISING.—

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), in carrying out this subtitle, 

19 the Director shall ensure that sufficient funds 

20 are allocated to meet the stated goals of the na21 tional media campaign. 

22 ‘‘(B) EXCEPTION.—No funds shall be used 

23 for the creative development of advertisements

24 (not including out-of-pocket production costs 

25 and talent reuse payments) except when—
6

•HR 2061 IH 

1 ‘‘(i) the advertisements are intended 

2 to reach a minority, ethnic, or other special 

3 audience that cannot be obtained at no 

4 cost (not including production costs and 

5 talent reuse payments); 

6 ‘‘(ii) the Partnership for a Drug-Free 

7 America is unable to provide such adver8 tisements; and 

9 ‘‘(iii) the Director gives prior notice to 

10 the Committtees on Appropriations of the 

11 House of Representatives and the Senate, 

12 the Committee on Government Reform of 

13 the House of Representatives, and the 

14 Committee on the Judiciary of the Sen15 ate.’’; 

16 (B) in subsection (b), by striking ‘‘105’’ 

17 and inserting ‘‘106’’; 

18 (C) by striking subsection (c) and inserting 

19 the following: 

20 ‘‘(c) MATCHING REQUIREMENT.—

21 ‘‘(1) NO COST MATCH.—

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), amounts made available for 

24 the national media campaign under section 106 

25 shall be used to require a no cost match of 
7

•HR 2061 IH 

1 equivalent value of advertising broadcast time 

2 and print space or in-kind contributions to the 

3 national media campaign prior to the Director 

4 executing a contract for the purchase of any ad5 vertising time or space for the national media 

6 campaign. 

7 ‘‘(B) EXCEPTION.—The Director shall en8 sure that all no cost matches of advertising ma9 terial, time, and space or in-kind contributions 

10 provided pursuant to subparagraph (A) directly 

11 relate to substance abuse prevention consistent 

12 with the specific purposes set forth in section 

13 102(a). 

14 ‘‘(2) SPONSORSHIP IDENTIFICATION.—Any ad15 vertising material donated to the national media 

16 campaign at no cost shall not be subject to the spon17 sorship identification provisions in section 317 of the 

18 Communications Act of 1934 (47 U.S.C. 317).’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(d) RESPONSIBLE USE OF FEDERAL FUNDS.—

21 ‘‘(1) IN GENERAL.—The Director shall ensure 

22 that—

23 ‘‘(A) for each fiscal year, not less than 85 

24 percent of the amounts appropriated under this 

25 subtitle shall be used for the purchase of adver-
8

•HR 2061 IH 

1 tising time and space for the national media 

2 campaign; and 

3 ‘‘(B) no more than $5,000,000 is used in 

4 each fiscal year to develop advertising material 

5 pursuant to subsection (a)(2)B)(ii).’’; 

6 (4) by striking section 104 and inserting the 

7 following: 

8 ‘‘SEC. 104. FINANCIAL AND PERFORMANCE ACCOUNT9 ABILITY. 

10 ‘‘The Director shall—

11 ‘‘(1) carry out (through the Defense Contract 

12 Audit Agency or an independent auditor) an exam13 ination of records as described in section 304C of 

14 the Federal Property and Administrative Services 

15 Act of 1949 (41 U.S.C. 254d) and an audit of the 

16 costs described in section 306 of that Act (41 U.S.C. 

17 256); 

18 ‘‘(2) designate an independent entity to evalu19 ate annually the effectiveness of the national media 

20 campaign based on prior year data from—

21 ‘‘(A) the ‘Monitoring the Future Study’ 

22 published by the Department of Health and 

23 Human Services; 
9

•HR 2061 IH 

1 ‘‘(B) the Attitude Tracking Study pub2 lished by the Partnership for a Drug Free 

3 America; 

4 ‘‘(C) the National Household Survey on 

5 Drug Abuse; and 

6 ‘‘(D) other relevant studies or publications, 

7 as determined by the Director, including track8 ing and evaluation data collected according to 

9 marketing and advertising industry standards; 

10 and 

11 ‘‘(3) submit a report to Congress in accordance 

12 with section 105, including the evaluation referred to 

13 in paragraph (2).’’; 

14 (5) by striking section 105 and inserting the 

15 following: 

16 ‘‘SEC. 105. REPORT TO CONGRESS. 

17 ‘‘The Director shall submit on an annual basis a re18 port to Congress that describes—

19 ‘‘(1) the strategy of the national media cam20 paign and whether specific objectives of the cam21 paign were accomplished; 

22 ‘‘(2) steps taken to ensure that the national 

23 media campaign operates in an effective and effi24 cient manner consistent with the overall strategy 

25 and focus of the campaign; 
10

•HR 2061 IH 

1 ‘‘(3) plans to purchase advertising time and 

2 space; 

3 ‘‘(4) policies and practices implemented to en4 sure that Federal funds are used responsibly to pur5 chase advertising time and space and eliminate the 

6 potential for waste, fraud, and abuse; and 

7 ‘‘(5) all contracts entered into with a corpora8 tion, partnership, or individual working on behalf of 

9 the national media campaign.’’; and 

10 (6) by adding at the end the following: 

11 ‘‘SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

12 There is authorized to be appropriated to the Office 

13 of National Drug Control Policy to carry out this subtitle, 

14 $195,000,000 for each of the fiscal years 2004 through 

15 2008.’’.

Æ