IB 

Union Calendar 114

108TH CONGRESS 

1ST SESSION H. R. 2086

[Report No. 108–167, Parts I and II] 

To reauthorize the Office of National Drug Control Policy. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2003

Mr. SOUDER (for himself and Mr. TOM DAVIS of Virginia) introduced the following bill; which was referred to the Committee on Government Reform, 

and in addition to the Committees on the Judiciary, Energy and Commerce, and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

JUNE 19, 2003

Reported from the Committee on Government Reform with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 19, 2003

Referral to the Committees on the Judiciary, Energy and Commerce, and the 

Permanent Select Committee on Intelligence extended for a period ending 

not later than July 14, 2003

JULY 14, 2003

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

JULY 14, 2003

Committee on Energy and Commerce, and the Permanent Select Committee 

on Intelligence discharged; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on May 14, 2003] 

A BILL

To reauthorize the Office of National Drug Control Policy.

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; REFERENCES; TABLE OF CON4 TENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the ‘‘Of6 fice of National Drug Control Policy Reauthorization Act 

7 of 2003’’. 

8 (b) AMENDMENT OF OFFICE OF NATIONAL DRUG CON9 TROL POLICY REAUTHORIZATION ACT OF 1998.—Except as 

10 otherwise expressly provided, whenever in this Act an 

11 amendment or repeal is expressed in terms of an amend12 ment to, or repeal of, a section or other provision, the ref13 erence shall be considered to be made to a section or other 

14 provision of the Office of National Drug Control Policy Re15 authorization Act of 1998 (Public Law 105–277; 21 U.S.C. 

16 1701 et seq.). 

17 (c) TABLE OF CONTENTS.—The table of contents of this 

18 Act is as follows:

Sec. 1. Short title; references; table of contents. 

Sec. 2. Amendments to definitions. 

Sec. 3. Amendments relating to appointment and duties of Director and Deputy 

Directors. 

Sec. 4. Amendments relating to coordination with other agencies. 
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Sec. 5. Development, submission, implementation, and assessment of National 

Drug Control Strategy. 

Sec. 6. High intensity drug trafficking areas program. 

Sec. 7. Funding for certain high intensity drug trafficking areas. 

Sec. 8. Amendments relating to Counter-Drug Technology Assessment Center. 

Sec. 9. Repeals. 

Sec. 10. National Youth Antidrug Media Campaign. 

Sec. 11. Authorization of appropriations. 

Sec. 12. Extension of termination date.

1 SEC. 2. AMENDMENTS TO DEFINITIONS. 

2 (a) AMENDMENTS TO DEFINITIONS.—Section 702 (21 

3 U.S.C. 1701) is amended—

4 (1) in paragraph (1)—

5 (A) by striking ‘‘and’’ at the end of sub6 paragraph (F); 

7 (B) by striking the period at the end of sub8 paragraph (G) and inserting a semicolon; and 

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

10 ‘‘(H) interventions for drug abuse and de11 pendence; and 

12 ‘‘(I) international drug control coordination 

13 and cooperation with respect to activities de14 scribed in this paragraph.’’. 

15 (2) in paragraph (9), by striking ‘‘implicates’’ 

16 and inserting ‘‘indicates’’; 

17 (3) in paragraph (10)—

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (B); 

20 (B) by striking the period at the end of sub21 paragraph (C) and inserting ‘‘; and’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(D) domestic drug law enforcement, in3 cluding law enforcement directed at drug users.’’; 

4 and 

5 (4) in paragraph (11)—

6 (A) by inserting before the semicolon in sub7 paragraph (A) the following: ‘‘(including source 

8 country programs, and law enforcement outside 

9 the United States)’’; 

10 (B) by inserting ‘‘and’’ after the semicolon 

11 in subparagraph (B); 

12 (C) by striking ‘‘; and’’ at the end of sub13 paragraph (C) and inserting a period; and 

14 (D) by striking subparagraph (D). 

15 (b) CONFORMING AMENDMENTS.—Section 703(b)(3) 

16 (21 U.S.C. 1702(b)(3)) is amended—

17 (1) in subparagraph (A), by striking ‘‘(G)’’ and 

18 inserting ‘‘(H)’’; and 

19 (2) in subparagraph (C)—

20 (A) by striking ‘‘(C)’’ and inserting ‘‘(D)’’; 

21 and 

22 (B) by striking ‘‘and subparagraph (D) of 

23 section 702(11)’’. 
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1 SEC. 3. AMENDMENTS RELATING TO APPOINTMENT AND 

2 DUTIES OF DIRECTOR AND DEPUTY DIREC3 TORS. 

4 (a) DESIGNATION OF OTHER OFFICERS.—Section 

5 704(a)(3) (21 U.S.C. 1703(a)(3)) is amended—

6 (1) by striking ‘‘permanent employee’’ and in7 serting ‘‘officer or employee’’; and 

8 (2) by striking ‘‘serve as the Director’’ and in9 serting ‘‘serve as the acting Director’’. 

10 (b) RESPONSIBILITIES OF DIRECTOR.—Section 704(b) 

11 (21 U.S.C. 1703(b)) is amended—

12 (1) in paragraph (4), by striking ‘‘Federal de13 partments and agencies engaged in drug enforce14 ment,’’ and inserting ‘‘National Drug Control Pro15 gram agencies,’’; 

16 (2) by inserting ‘‘and’’ at the end of paragraph 

17 (12); 

18 (3) by striking paragraphs (13) and (14); and 

19 (4) by redesignating paragraph (15) as para20 graph (13). 

21 (c) REVIEW AND CERTIFICATION OF NATIONAL DRUG

22 CONTROL PROGRAM BUDGET.—Section 704(c)(3) (21 

23 U.S.C. 1703(c)(3)) is amended—

24 (1) by redesignating subparagraphs (C) and (D) 

25 as subparagraphs (D) and (E), respectively; 
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1 (2) by inserting after subparagraph (B) the fol2 lowing new subparagraph: 

3 ‘‘(C) SPECIFIC REQUESTS.—The Director 

4 shall not confirm the adequacy of any budget re5 quest that—

6 ‘‘(i) requests funding for Federal law 

7 enforcement activities that do not ade8 quately compensate for transfers of drug en9 forcement resources and personnel to law 

10 enforcement and investigation activities not 

11 related to drug enforcement as determined 

12 by the Director; 

13 ‘‘(ii) requests funding for law enforce14 ment activities on the borders of the United 

15 States that do not adequately direct re16 sources to drug interdiction and enforce17 ment as determined by the Director; 

18 ‘‘(iii) requests funding for drug treat19 ment activities that do not provide adequate 

20 result and accountability measures as deter21 mined by the Director; 

22 ‘‘(iv) requests funding for any activi23 ties of the Safe and Drug Free Schools Pro24 gram that do not include a clear antidrug 
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1 message or purpose intended to reduce drug 

2 use; 

3 ‘‘(v) requests funding to enforce section 

4 484(r)(1) of the Higher Education Act of 

5 1965 (20 U.S.C. 1091(r)(1)) with respect to 

6 convictions for drug-related offenses not oc7 curring during a period of enrollment for 

8 which the student was receiving any Fed9 eral grant, loan, or work assistance; 

10 ‘‘(vi) requests funding for drug treat11 ment activities that do not adequately sup12 port and enhance Federal drug treatment 

13 programs and capacity, as determined by 

14 the Director; or 

15 ‘‘(vii) requests funding for fiscal year 

16 2005 for activities of the Department of 

17 Education, unless it is accompanied by a 

18 report setting forth a plan for providing ex19 pedited consideration of student loan appli20 cations for all individuals who submitted 

21 an application for any Federal grant, loan, 

22 or work assistance that was rejected or de23 nied pursuant to 484(r)(1) of the Higher 

24 Education Act of 1965 (20 U.S.C. 

25 1091(r)(1)) by reason of a conviction for a 
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1 drug-related offense not occurring during a 

2 period of enrollment for which the indi3 vidual was receiving any Federal grant, 

4 loan, or work assistance.’’; 

5 (3) in subparagraph (D)(iii), as so redesignated, 

6 by inserting ‘‘and the authorizing committees of Con7 gress for the Office’’ after ‘‘House of Representatives’’; 

8 and 

9 (4) in subparagraph (E)(ii)(bb), as so redesig10 nated, by inserting ‘‘and the authorizing committees 

11 of Congress for the Office’’ after ‘‘House of Represent12 atives’’. 

13 (d) REPROGRAMMING AND TRANSFER REQUESTS.—

14 Section 704(c)(4)(A) (21 U.S.C. 1703(c)(4)(A)) is amended 

15 by striking ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. 

16 (e) POWERS OF DIRECTOR.—Section 704(d) (21 

17 U.S.C. 1703(d)) is amended—

18 (1) in paragraph (8)(D), by striking ‘‘have been 

19 authorized by Congress;’’ and inserting ‘‘authorized 

20 by law;’’; 

21 (2) in paragraph (9)—

22 (A) by inserting ‘‘notwithstanding any 

23 other provision of law,’’ after ‘‘(9)’’; and 

24 (B) by striking ‘‘Strategy; and’’ and insert25 ing ‘‘Strategy and notify the authorizing Com-
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1 mittees of Congress for the Office of any fund 

2 control notice issued;’’; 

3 (3) in paragraph (10), by striking ‘‘(22 U.S.C. 

4 2291j).’’ and inserting ‘‘(22 U.S.C. 2291j) and section 

5 706 of the Department of State Authorization Act for 

6 Fiscal Year 2003 (22 U.S.C. 229j–l);’’; 

7 (4) by adding at the end the following new para8 graphs: 

9 ‘‘(11) not later than August 1 of each year, sub10 mit to the President a report, and transmit copies of 

11 the report to the Secretary of State and the author12 izing Committees of Congress for the Office, that—

13 ‘‘(A) provides the Director’s assessment of 

14 which countries are major drug transit countries 

15 or major illicit drug producing countries as de16 fined in section 481(e) of the Foreign Assistance 

17 Act of 1961; 

18 ‘‘(B) provides the Director’s assessment of 

19 whether each country identified under subpara20 graph (A) has cooperated fully with the United 

21 States or has taken adequate steps on its own to 

22 achieve full compliance with the goals and objec23 tives established by the United Nations Conven24 tion Against Illicit Traffic in Narcotic Drugs 

25 and Psychotropic Substances and otherwise has 
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1 assisted in reducing the supply of illicit drugs to 

2 the United States; and 

3 ‘‘(C) provides the Director’s assessment of 

4 whether application of procedures set forth in 

5 section 490(a) through (h) of the Foreign Assist6 ance Act of 1961, as provided in section 706 of 

7 the Department of State Authorization Act for 

8 Fiscal Year 2003, is warranted with respect to 

9 countries the Director assesses have not cooper10 ated fully; and 

11 ‘‘(12) appoint a United States Interdiction Coor12 dinator under subsection (i).’’. 

13 (f) UNITED STATES INTERDICTION COORDINATOR.—

14 Section 704 (21 U.S.C. 1703) is further amended by adding 

15 at the end the following: 

16 ‘‘(i) UNITED STATES INTERDICTION COORDINATOR.—

17 ‘‘(1) IN GENERAL.—There shall be in the Office 

18 a United States Interdiction Coordinator, who shall 

19 be appointed by the Director and shall perform duties 

20 determined by the Director with respect to coordina21 tion of efforts to interdict illicit drugs from the 

22 United States. 

23 ‘‘(2) APPOINTMENT.—

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

25 other provision of law (except subparagraph 
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1 (B)), the Director may appoint any individual 

2 to serve as the United States Interdiction Coordi3 nator. 

4 ‘‘(B) LIMITATION.—The Director may not 

5 appoint to such position any individual who 

6 concurrently serves as the head of any other Fed7 eral department or agency or any subdivision 

8 thereof with responsibility for narcotics interdic9 tion activities, except the counternarcotics officer 

10 of the Department of Homeland Security ap11 pointed under section 878 of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 458).’’. 

13 (g) REQUIREMENT FOR SOUTH AMERICAN HEROIN

14 STRATEGY.—

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of the enactment of this Act, the Director of 

17 National Drug Control Policy shall submit to the 

18 Congress a comprehensive strategy that addresses the 

19 increased threat from South American heroin, and in 

20 particular Colombian heroin. 

21 (2) CONTENTS.—The strategy shall—

22 (A) include opium eradication efforts to 

23 eliminate the problem at the source to prevent it 

24 from reoccurring before the heroin enters the 

25 stream of commerce; 
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1 (B) interdiction and precursor chemical 

2 controls; 

3 (C) demand reduction and treatment; 

4 (D) provisions that ensure the maintenance 

5 at current levels of efforts to eradicate coca in 

6 Colombia; and 

7 (E) assessment of the level of additional 

8 funding and resources necessary to simulta9 neously address the threat from South American 

10 heroin and the threat from Colombian coca. 

11 SEC. 4. AMENDMENTS RELATING TO COORDINATION WITH 

12 OTHER AGENCIES. 

13 Section 705 (21 U.S.C. 1704) is amended—

14 (1) in subsection (a)(1)(A), by striking ‘‘abuse’’; 

15 (2) by amending paragraph (3) of subsection (a) 

16 to read as follows: 

17 ‘‘(3) REQUIRED REPORTS.—

18 ‘‘(A) SECRETARIES OF THE INTERIOR AND

19 AGRICULTURE.—The Secretaries of Agriculture 

20 and Interior shall, by July 1 of each year, joint21 ly submit to the Director and the authorizing 

22 Committees of Congress for the Office an assess23 ment of the quantity of illegal drug cultivation 

24 and manufacturing in the United States on 
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1 lands owned or under the jurisdiction of the Fed2 eral Government for the preceding year. 

3 ‘‘(B) ATTORNEY GENERAL.—The Attorney 

4 General shall, by July 1 of each year, submit to 

5 the Director and the authorizing Committees of 

6 Congress for the Office information for the pre7 ceding year regarding the number and type of—

8 ‘‘(i) arrests for drug violations; 

9 ‘‘(ii) prosecutions for drug violations 

10 by United States Attorneys; and 

11 ‘‘(iii) the number and type of seizures 

12 of drugs by each component of the Depart13 ment seizing drugs, as well as statistical in14 formation on the geographic areas of such 

15 seizures. 

16 ‘‘(C) SECRETARY OF HOMELAND SECU17 RITY.—The Secretary of Homeland Security 

18 shall, by July 1 of each year, submit to the Di19 rector and the authorizing Committees of Con20 gress for the Office information for the preceding 

21 year regarding—

22 ‘‘(i) the number and type of seizures of 

23 drugs by each component of the Department 

24 seizing drugs, as well as statistical informa-
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1 tion on the geographic areas of such sei2 zures; and 

3 ‘‘(ii) the number of air and maritime 

4 patrol hours undertaken by each component 

5 of the Department primarily dedicated to 

6 drug supply reduction missions. 

7 ‘‘(D) SECRETARY OF DEFENSE.—The Sec8 retary of Defense shall, by July 1 of each year, 

9 submit to the Director and the authorizing Com10 mittees of Congress for the Office information for 

11 the preceding year regarding the number of air 

12 and maritime patrol hours primarily dedicated 

13 to drug supply reduction missions undertaken by 

14 each component of the Department of Defense.’’; 

15 and 

16 (3) in subsection (b)(2)(B), by striking ‘‘Pro17 gram.’’ and inserting ‘‘Strategy.’’. 

18 SEC. 5. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

19 AND ASSESSMENT OF NATIONAL DRUG CON20 TROL STRATEGY. 

21 Section 706 (21 U.S.C. 1705) is amended to read as 

22 follows: 
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1 ‘‘SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

2 AND ASSESSMENT OF NATIONAL DRUG CON3 TROL STRATEGY. 

4 ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR DEVELOP5 MENT AND SUBMISSION OF NATIONAL DRUG CONTROL

6 STRATEGY.—

7 ‘‘(1) IN GENERAL.—Not later than February 1 of 

8 each year, the President shall submit to Congress a 

9 National Drug Control Strategy, which shall set forth 

10 a comprehensive plan for reducing illicit drug use 

11 and the consequences of illicit drug use in the United 

12 States by reducing the demand for illegal drugs, lim13 iting the availability of illegal drugs, and conducting 

14 law enforcement activities with respect to illegal 

15 drugs. 

16 ‘‘(2) CONTENTS.— 

17 ‘‘(A) IN GENERAL.—The National Drug 

18 Control Strategy submitted under paragraph (1) 

19 shall include—

20 ‘‘(i) comprehensive, research-based, 

21 long-range, and quantifiable goals for re22 ducing illicit drug use and the consequences 

23 of illicit drug use in the United States; 

24 ‘‘(ii) annual objectives and strategy for 

25 demand reduction, supply reduction, and 

26 law enforcement activities, specific targets 
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1 to accomplish long-range quantifiable reduc2 tion in illicit drug use as determined by the 

3 Director, and specific measurements to 

4 evaluate progress toward the targets and 

5 strategic goals; 

6 ‘‘(iii) a strategy to reduce the avail7 ability and purity of illegal drugs and the 

8 level of drug-related crime in the United 

9 States; 

10 ‘‘(iv) an assessment of Federal effec11 tiveness in achieving the National Drug 

12 Control Strategy for the previous year, in13 cluding—

14 ‘‘(I) a specific evaluation of 

15 whether the objectives and targets for 

16 reducing illicit drug use for the pre17 vious year were met and reasons for 

18 the success or failure of the previous 

19 year’s Strategy; and 

20 ‘‘(II) an assessment of the avail21 ability and purity of illegal drugs and 

22 the level of drug-related crime in the 

23 United States; 

24 ‘‘(v) notification of any program or 

25 budget priorities that the Director expects to 
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1 significantly change from the current Strat2 egy over the next five years; 

3 ‘‘(vi) a review of international, State, 

4 local, and private sector drug control activi5 ties to ensure that the United States pursues 

6 well-coordinated and effective drug control 

7 at all levels of government; 

8 ‘‘(vii) such statistical data and infor9 mation as the Director deems appropriate 

10 to demonstrate and assess trends relating to 

11 illicit drug use, the effects and consequences 

12 thereof, supply reduction, demand reduc13 tion, drug-related law enforcement, and the 

14 implementation of the National Drug Con15 trol Strategy; and 

16 ‘‘(viii) a supplement reviewing the ac17 tivities of each individual National Drug 

18 Control Program agency during the pre19 vious year with respect to the National 

20 Drug Control Strategy and the Director’s 

21 assessment of the progress of each National 

22 Drug Control Program agency in meeting 

23 its responsibilities under the National Drug 

24 Control Strategy. 
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1 ‘‘(B) CLASSIFIED INFORMATION.—Any con2 tents of the National Drug Control Strategy that 

3 involve information properly classified under 

4 criteria established by an Executive order shall 

5 be presented to Congress separately from the rest 

6 of the National Drug Control Strategy. 

7 ‘‘(C) SELECTION OF DATA AND INFORMA8 TION.—In selecting data and information for in9 clusion under subparagraph (A), the Director 

10 shall ensure—

11 ‘‘(i) the inclusion of data and informa12 tion that will permit analysis of current 

13 trends against previously compiled data 

14 and information where the Director believes 

15 such analysis enhances long-term assessment 

16 of the National Drug Control Strategy; and 

17 ‘‘(ii) the inclusion of data and infor18 mation to permit a standardized and uni19 form assessment of the effectiveness of drug 

20 treatment programs in the United States. 

21 ‘‘(3) PROCESS FOR DEVELOPMENT AND SUBMIS22 SION.—

23 ‘‘(A) CONSULTATION.—In developing and 

24 effectively implementing the National Drug Con25 trol Strategy, the Director—
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1 ‘‘(i) shall consult with—

2 ‘‘(I) the heads of the National 

3 Drug Control Program agencies; 

4 ‘‘(II) Congress; 

5 ‘‘(III) State and local officials; 

6 ‘‘(IV) private citizens and organi7 zations with experience and expertise 

8 in demand reduction; 

9 ‘‘(V) private citizens and organi10 zations with experience and expertise 

11 in supply reduction; 

12 ‘‘(VI) private citizens and organi13 zations with experience and expertise 

14 in law enforcement; and 

15 ‘‘(VII) appropriate representatives 

16 of foreign governments; 

17 ‘‘(ii) with the concurrence of the Attor18 ney General, may require the El Paso Intel19 ligence Center to undertake specific tasks or 

20 projects to implement the National Drug 

21 Control Strategy; 

22 ‘‘(iii) with the concurrence of the Di23 rector of Central Intelligence and the Attor24 ney General, may request that the National 

25 Drug Intelligence Center undertake specific 
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1 tasks or projects to implement the National 

2 Drug Control Strategy; and 

3 ‘‘(iv) may make recommendations to 

4 the Secretary of Health and Human Serv5 ices on research that supports or advances 

6 the National Drug Control Strategy. 

7 ‘‘(B) RECOMMENDATIONS.—Recommenda8 tions under subparagraph (A)(iv) may include 

9 recommendations of research to be performed at 

10 the National Institutes of Health, including the 

11 National Institute on Drug Abuse, or any other 

12 appropriate agency within the Department of 

13 Health and Human Services. 

14 ‘‘(C) INCLUSION IN STRATEGY.—The Na15 tional Drug Control Strategy under this sub16 section shall include a list of each entity con17 sulted under subparagraph (A)(i). 

18 ‘‘(4) SUBMISSION OF REVISED STRATEGY.—The 

19 President may submit to Congress a revised National 

20 Drug Control Strategy that meets the requirements of 

21 this section—

22 ‘‘(A) at any time, upon a determination by 

23 the President, in consultation with the Director, 

24 that the National Drug Control Strategy in effect 

25 is not sufficiently effective; or 
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1 ‘‘(B) if a new President or Director takes 

2 office. 

3 ‘‘(b) PERFORMANCE MEASUREMENT SYSTEM.—Not 

4 later than February 1 of each year, the Director shall sub5 mit to Congress a description of the national drug control 

6 performance measurement system, designed in consultation 

7 with affected National Drug Control Program agencies, that 

8 includes performance measures for the National Drug Con9 trol Strategy and activities of National Drug Control Pro10 gram agencies related to the National Drug Control Strat11 egy.’’. 

12 SEC. 6. HIGH INTENSITY DRUG TRAFFICKING AREAS PRO13 GRAM. 

14 (a) IN GENERAL.—Section 707 (21 U.S.C. 1706) is 

15 amended to read as follows: 

16 ‘‘SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS 

17 PROGRAM. 

18 ‘‘(a) ESTABLISHMENT.—There is established in the Of19 fice a program to be known as the High Intensity Drug 

20 Trafficking Areas Program (in this section referred to as 

21 the ‘Program’). 

22 ‘‘(b) PURPOSES.—The purposes of the Program are the 

23 following: 

24 ‘‘(1) To reduce drug availability and facilitate 

25 cooperative efforts between Federal, State, and local 
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1 law enforcement agencies in areas with significant 

2 drug trafficking problems that harmfully impact other 

3 parts of the Nation. 

4 ‘‘(2) To provide assistance to agencies to come 

5 together to assess regional threats, design coordinated 

6 strategies to combat those threats, share intelligence, 

7 and develop and implement coordinated initiatives to 

8 implement the strategies. 

9 ‘‘(c) DESIGNATION.—The Director, upon consultation 

10 with the Attorney General, the Secretary of the Treasury, 

11 the Secretary of Homeland Security, heads of the National 

12 Drug Control Program agencies, and the Governor of each 

13 applicable State, may designate any specified area of the 

14 United States as a high intensity drug trafficking area. 

15 ‘‘(d) FACTORS FOR CONSIDERATION.—

16 ‘‘(1) IN GENERAL.—In considering whether to 

17 designate an area under this section as a high inten18 sity drug trafficking area, the Director shall consider, 

19 in addition to such other criteria as the Director con20 siders to be appropriate, the extent to which—

21 ‘‘(A) the area is a major center of illegal 

22 drug production, manufacturing, importation, or 

23 distribution for the United States as compared to 

24 other areas of the United States; 
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1 ‘‘(B) State and local law enforcement agen2 cies have committed resources to respond to the 

3 drug trafficking problem in the area, thereby in4 dicating a determination to respond aggressively 

5 to the problem; 

6 ‘‘(C) drug-related production, manufac7 turing, importation, or distribution in the area 

8 is having a significant harmful impact in other 

9 areas of the United States; and 

10 ‘‘(D) a significant increase in allocation of 

11 Federal resources is necessary to respond ade12 quately to drug-related activities in the area. 

13 ‘‘(2) CONSIDERATIONS.—For purposes of para14 graph (1)(A), in considering whether an area is a 

15 major center of illegal drug production, manufac16 turing, importation, or distribution as compared to 

17 other areas of the United States, the Director shall 

18 consider—

19 ‘‘(A) the quantity of illicit drug traffic en20 tering or transiting the area originating in for21 eign countries; 

22 ‘‘(B) the quantity of illicit drugs produced 

23 in the area; 
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1 ‘‘(C) the number of Federal, State, and local 

2 arrests, prosecutions, and convictions for drug 

3 trafficking and distribution offenses in the area; 

4 ‘‘(D) the degree to which the area is a center 

5 for the activities of national drug trafficking or6 ganizations; and 

7 ‘‘(E) such other criteria as the Director con8 siders appropriate. 

9 ‘‘(e) SOUTHWEST BORDER.—The Director may not 

10 designate any county contiguous to the international land 

11 border with Mexico as part of any high intensity drug traf12 ficking area other than as part of a single Southwest Border 

13 high intensity drug trafficking area. 

14 ‘‘(f) REMOVAL FROM DESIGNATION.—The Director 

15 may remove an area or portion of an area from designation 

16 as a high intensity drug trafficking area under this section 

17 upon determination that the area or portion of an area no 

18 longer is a high intensity drug trafficking area, considering 

19 the factors in subsections (d) and (e) in addition to such 

20 other criteria as the Director considers to be appropriate. 

21 ‘‘(g) AUTHORITY OF THE DIRECTOR.—After making 

22 such a designation and in order to provide Federal assist23 ance to the area so designated, the Director may—

24 ‘‘(1) obligate such sums as appropriated for the 

25 Program, in accordance with subsection (h); 
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1 ‘‘(2) direct the temporary reassignment of Fed2 eral personnel to such area, subject to the approval of 

3 the head of the department or agency that employs 

4 such personnel; and 

5 ‘‘(3) take any other action authorized under sec6 tion 704 to provide increased Federal assistance to 

7 those areas. 

8 ‘‘(h) ALLOCATION OF FUNDING.—In obligating sums 

9 appropriated for the Program, the Director shall comply 

10 with the following: 

11 ‘‘(1) 30 PERCENT SET ASIDE.—The Director 

12 shall expend no less than 30 percent of the amounts 

13 appropriated under this section in the seven high in14 tensity drug trafficking areas (excluding the South15 west Border high intensity drug trafficking area) for 

16 which the Director determines that Program activities 

17 with respect to such areas will have the greatest im18 pact on reducing overall drug traffic in the United 

19 States. 

20 ‘‘(2) 25 PERCENT SET ASIDE.—The Director 

21 shall expend no less than 25 percent of the amounts 

22 appropriated under this section in nine other high in23 tensity drug trafficking areas (excluding the South24 west Border high intensity drug trafficking area) for 

25 which the Director determines that Program activities 
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1 with respect to such areas will have the next greatest 

2 impact on reducing overall drug traffic in the United 

3 States. 

4 ‘‘(3) SOUTHWEST BORDER AREA.—

5 ‘‘(A) 20 PERCENT SET ASIDE.—The Direc6 tor shall expend no less than 20 percent of the 

7 amounts appropriated under this section in the 

8 Southwest Border high intensity drug trafficking 

9 area. 

10 ‘‘(B) REALLOCATION WITHIN AREA.—The 

11 executive committee of the Southwest Border high 

12 intensity drug trafficking area may reallocate up 

13 to five percent of the total funds allocated to that 

14 area among its components, with the approval of 

15 the Director. 

16 ‘‘(4) REMAINING AREAS.—The Director shall ex17 pend no less than 10 percent of the amounts appro18 priated under this section in the remaining high in19 tensity drug trafficking areas. 

20 ‘‘(5) DISCRETIONARY EXPENDITURES.—

21 ‘‘(A) IN GENERAL.—In addition to the 

22 amounts allocated under paragraphs (1) through 

23 (4) the Director may expend 15 percent of the 

24 amounts appropriated under this section on a 

25 discretionary basis. 
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1 ‘‘(B) CONSIDERATION OF IMPACT.—In allo2 cating funds under this paragraph, the Director 

3 shall consider—

4 ‘‘(i) the impact of activities funded on 

5 reducing overall drug traffic in the United 

6 States; 

7 ‘‘(ii) performance measures of effective8 ness; and 

9 ‘‘(iii) such other criteria as the Direc10 tor considers appropriate. 

11 ‘‘(i) USE OF FUNDS.—

12 ‘‘(1) LIMITATION.—No funds appropriated for 

13 the Program shall be expended for drug prevention or 

14 drug treatment programs. 

15 ‘‘(2) LIMITATION ON APPLICABILITY.—Paragraph 

16 (1) shall not apply with respect to the Baltimore/

17 Washington high intensity drug trafficking area. 

18 ‘‘(j) TERRORISM ACTIVITIES.—

19 ‘‘(1) ASSISTANCE AUTHORIZED.—The Director 

20 may authorize use of resources available for the Pro21 gram to assist Federal, State, and local law enforce22 ment agencies in investigations and activities related 

23 to terrorism and prevention of terrorism, especially 

24 but not exclusively where such investigations are re25 lated to drug trafficking. 
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1 ‘‘(2) LIMITATION.—The Director shall ensure—

2 ‘‘(A) that assistance provided under para3 graph (1) remains incidental to the purpose of 

4 the Program to reduce drug availability and 

5 carry out drug-related law enforcement activi6 ties; and 

7 ‘‘(B) that significant resources of the Pro8 gram are not redirected to activities exclusively 

9 related to terrorism. 

10 ‘‘(k) BOARD REPRESENTATION.—None of the funds ap11 propriated under this section may be expended for any high 

12 intensity drug trafficking area, or for a partnership under 

13 the Program, if the executive board or equivalent governing 

14 committee with respect to such area or partnership is not 

15 comprised of equal voting representation between represent16 atives of Federal law enforcement agencies and representa17 tives of State and local law enforcement agencies. 

18 ‘‘(l) ROLE OF DRUG ENFORCEMENT ADMINISTRA19 TION.—The Director, in consultation with the Attorney 

20 General, shall ensure that a representative of the Drug En21 forcement Administration is included in the Intelligence 

22 Support Center for each high intensity drug trafficking 

23 area. 
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1 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Office of National 

3 Drug Control Policy to carry out this section—

4 ‘‘(1) $230,000,000 for fiscal year 2004; 

5 ‘‘(2) $240,000,000 for each of fiscal years 2005 

6 and 2006; and 

7 ‘‘(3) $250,000,000 for each of fiscal years 2007 

8 and 2008.’’. 

9 (b) REVIEW OF CURRENT AREAS.—Within one year 

10 after the date of enactment of this Act, the Director of Na11 tional Drug Control Policy shall—

12 (1) review each of the areas currently designated 

13 as a high intensity drug trafficking area to determine 

14 whether it continues to warrant designation as a high 

15 intensity drug trafficking area, considering the fac16 tors in section 707(d) of the Office of National Drug 

17 Control Policy Reauthorization Act of 1998, as 

18 amended by this section, in addition to such other 

19 criteria as the Director considers to be appropriate; 

20 and 

21 (2) terminate such description for an area or 

22 portion of an area determined to no longer warrant 

23 designation. 
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1 SEC. 7. FUNDING FOR CERTAIN HIGH INTENSITY DRUG 

2 TRAFFICKING AREAS. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Dawson Family Community Protection Act’’. 

5 (b) FINDINGS.—Congress finds the following: 

6 (1) In the early morning hours of October 16, 

7 2002, the home of Carnell and Angela Dawson was 

8 firebombed in apparent retaliation for Mrs. Dawson’s 

9 notification of police about persistent drug distribu10 tion activity in their East Baltimore City neighbor11 hood. 

12 (2) The arson claimed the lives of Mr. and Mrs. 

13 Dawson and their 5 young children, aged 9 to 14. 

14 (3) The horrific murder of the Dawson family is 

15 a stark example of domestic narco-terrorism. 

16 (4) In all phases of counter-narcotics law en17 forcement—from prevention to investigation to pros18 ecution to reentry—the voluntary cooperation of ordi19 nary citizens is a critical component. 

20 (5) Voluntary cooperation is difficult for law en21 forcement officials to obtain when citizens feel that co22 operation carries the risk of violent retaliation by ille23 gal drug trafficking organizations and their affiliates. 

24 (6) Public confidence that law enforcement is 

25 doing all it can to make communities safe is a pre-
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1 requisite for voluntary cooperation among people who 

2 may be subject to intimidation or reprisal (or both). 

3 (7) Witness protection programs are insufficient 

4 on their own to provide security because many indi5 viduals and families who strive every day to make 

6 distressed neighborhoods livable for their children, 

7 other relatives, and neighbors will resist or refuse of8 fers of relocation by local, State, and Federal prosecu9 torial agencies and because, moreover, the continued 

10 presence of strong individuals and families is critical 

11 to preserving and strengthening the social fabric in 

12 such communities. 

13 (8) Where (as in certain sections of Baltimore 

14 City) interstate trafficking of illegal drugs has severe 

15 ancillary local consequences within areas designated 

16 as high intensity drug trafficking areas, it is impor17 tant that supplementary High Intensity Drug Traf18 ficking Areas Program funds be committed to support 

19 initiatives aimed at making the affected communities 

20 safe for the residents of those communities and en21 couraging their cooperation with local, State, and 

22 Federal law enforcement efforts to combat illegal drug 

23 trafficking. 

24 (c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG

25 TRAFFICKING AREAS.—Section 707 (21 U.S.C. 1706) is 
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1 further amended in subsection (h) by adding at the end the 

2 following new paragraph: 

3 ‘‘(6) SPECIFIC PURPOSES.—

4 ‘‘(A) IN GENERAL.—The Director shall en5 sure that, of the amounts appropriated for a fis6 cal year for the Program, at least $1,000,000 is 

7 used in high intensity drug trafficking areas 

8 with severe neighborhood safety and illegal drug 

9 distribution problems. 

10 ‘‘(B) REQUIRED USES.—The funds used 

11 under subparagraph (A) shall be used—

12 ‘‘(i) to ensure the safety of neighbor13 hoods and the protection of communities, 

14 including the prevention of the intimidation 

15 of potential witnesses of illegal drug dis16 tribution and related activities; and 

17 ‘‘(ii) to combat illegal drug trafficking 

18 through such methods as the Director con19 siders appropriate, such as establishing or 

20 operating (or both) a toll-free telephone hot21 line for use by the public to provide infor22 mation about illegal drug-related activi23 ties.’’. 
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1 SEC. 8. AMENDMENTS RELATING TO COUNTER-DRUG TECH2 NOLOGY ASSESSMENT CENTER. 

3 (a) CHIEF SCIENTIST.—Section 708(b) (21 U.S.C. 

4 1707(b)) is amended—

5 (1) in the heading by striking ‘‘DIRECTOR OF

6 TECHNOLOGY.—’’ and inserting ‘‘CHIEF SCI7 ENTIST.—’’; and 

8 (2) by striking ‘‘Director of Technology,’’ and in9 serting ‘‘Chief Scientist,’’. 

10 (b) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.—

11 Section 708(c) (21 U.S.C. 1707(c)) is amended to read as 

12 follows: 

13 ‘‘(c) ADDITIONAL RESPONSIBILITIES OF THE DIREC14 TOR OF NATIONAL DRUG CONTROL POLICY.—

15 ‘‘(1) IN GENERAL.—The Director, acting through 

16 the Chief Scientist shall—

17 ‘‘(A) identify and define the short-, me18 dium-, and long-term scientific and technological 

19 needs of Federal, State, and local law enforce20 ment agencies relating to drug enforcement, in21 cluding—

22 ‘‘(i) advanced surveillance, tracking, 

23 and radar imaging; 

24 ‘‘(ii) electronic support measures; 

25 ‘‘(iii) communications; 
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1 ‘‘(iv) data fusion, advanced computer 

2 systems, and artificial intelligence; and 

3 ‘‘(v) chemical, biological, radiological 

4 (including neutron, electron, and graviton), 

5 and other means of detection; 

6 ‘‘(B) identify demand reduction (including 

7 drug prevention) basic and applied research 

8 needs and initiatives, in consultation with af9 fected National Drug Control Program agencies, 

10 including—

11 ‘‘(i) improving treatment through 

12 neuroscientific advances; 

13 ‘‘(ii) improving the transfer of bio14 medical research to the clinical setting; and 

15 ‘‘(iii) in consultation with the Na16 tional Institute on Drug Abuse and the 

17 Substance Abuse and Mental Health Serv18 ices Administration, and through inter19 agency agreements or grants, examining ad20 diction and rehabilitation research and the 

21 application of technology to expanding the 

22 effectiveness or availability of drug treat23 ment; 

24 ‘‘(C) make a priority ranking of such needs 

25 identified in subparagraphs (A) and (B) accord-
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1 ing to fiscal and technological feasibility, as part 

2 of a National Counter-Drug Enforcement Re3 search and Development Program; 

4 ‘‘(D) oversee and coordinate counter-drug 

5 technology initiatives with related activities of 

6 other Federal civilian and military departments; 

7 ‘‘(E) oversee and coordinate a technology 

8 transfer program for the transfer of technology to 

9 State and local law enforcement agencies; and 

10 ‘‘(F) pursuant to the authority of the Direc11 tor of National Drug Control Policy under sec12 tion 704, submit requests to Congress for the re13 programming or transfer of funds appropriated 

14 for counter-drug technology research and develop15 ment. 

16 ‘‘(2) PRIORITIES IN TRANSFERRING TECH17 NOLOGY.—In transferring technology under the au18 thority of paragraph (1)(E), the Chief Scientist shall 

19 give priority, in transferring technologies most likely 

20 to assist in drug interdiction and border enforcement, 

21 to State, local, and tribal law enforcement agencies in 

22 southwest border areas and northern border areas 

23 with significant traffic in illicit drugs. 

24 ‘‘(3) LIMITATION ON AUTHORITY.—The authority 

25 granted to the Director under this subsection shall not 
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1 extend to the award of contracts, management of indi2 vidual projects, or other operational activities.’’. 

3 (c) ASSISTANCE FROM SECRETARY OF HOMELAND SE4 CURITY.—Section 708(d) (21 U.S.C. 1707(d)) is amended 

5 by inserting ‘‘, the Secretary of Homeland Security,’’ after 

6 ‘‘The Secretary of Defense’’. 

7 SEC. 9. REPEALS. 

8 The following provisions are repealed: 

9 (1) Sections 709 and 711 (21 U.S.C. 1708 and 

10 1710). 

11 (2) Section 6073 of the Asset Forfeiture Amend12 ments Act of 1988 (21 U.S.C. 1509). 

13 SEC. 10. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

14 (a) IN GENERAL.—The Act is further amended by in15 serting after section 708 the following: 

16 ‘‘SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

17 ‘‘(a) IN GENERAL.—The Director shall conduct a na18 tional media campaign in accordance with this section for 

19 the purpose of reducing and preventing illicit drug use 

20 among young people in the United States, through mass 

21 media advertising. 

22 ‘‘(b) USE OF FUNDS.—

23 ‘‘(1) IN GENERAL.—Amounts made available to 

24 carry out this section for the media campaign may 

25 only be used for the following: 
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1 ‘‘(A) The purchase of media time and space. 

2 ‘‘(B) Creative and talent costs. 

3 ‘‘(C) Advertising production costs. 

4 ‘‘(D) Testing and evaluation of advertising. 

5 ‘‘(E) Evaluation of the effectiveness of the 

6 media campaign. 

7 ‘‘(F) The negotiated fees for the winning 

8 bidder on requests for proposals issued either by 

9 the Office or its designee for purposes otherwise 

10 authorized in this section. 

11 ‘‘(G) Partnerships with community, civic, 

12 and professional groups and government organi13 zations related to the media campaign. 

14 ‘‘(H) Entertainment industry outreach, 

15 interactive outreach, media projects and activi16 ties, public information, news media outreach, 

17 and corporate sponsorship and participation. 

18 ‘‘(I) Operational and management expenses. 

19 ‘‘(2) SPECIFIC REQUIREMENTS.—

20 ‘‘(A) CREATIVE SERVICES.—

21 ‘‘(i) In using amounts for creative and 

22 talent costs under paragraph (1)(B), the Di23 rector shall use creative services donated at 

24 no cost to the Government wherever feasible 
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1 and may only procure creative services for 

2 advertising—

3 ‘‘(I) responding to high-priority 

4 or emergent campaign needs that can5 not timely be obtained at no cost; or 

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

8 that cannot reasonably be obtained at 

9 no cost. 

10 ‘‘(ii) No more than $1,000,000 may be 

11 expended under this section each fiscal year 

12 on creative services, except that the Director 

13 may expend up to $2,000,000 in a fiscal 

14 year on creative services to meet urgent 

15 needs of the media campaign with advance 

16 approval from the Committee on Appro17 priations of the House of Representatives 

18 and of the Senate upon a showing of the 

19 circumstances causing such urgent needs of 

20 the media campaign. 

21 ‘‘(B) TESTING AND EVALUATION OF ADVER22 TISING.—In using amounts for testing and eval23 uation of advertising under paragraph (1)(D), 

24 the Director shall test all advertisements prior to 

25 use in the media campaign to ensure that the 
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1 advertisements are effective and meet industry2 accepted standards. The Director may waive this 

3 requirement for advertisements using no more 

4 than 10 percent of the purchase of advertising 

5 time purchased under this section in an fiscal 

6 year and no more than 10 percent of the adver7 tising space purchased under this section in a 

8 fiscal year, if the advertisements respond to 

9 emergent and time-sensitive campaign needs or 

10 the advertisements will not be widely utilized in 

11 the media campaign. 

12 ‘‘(C) EVALUATION OF EFFECTIVENESS OF

13 MEDIA CAMPAIGN.—In using amounts for the 

14 evaluation of the effectiveness of the media cam15 paign under paragraph (1)(E), the Director 

16 shall—

17 ‘‘(i) designate an independent entity to 

18 evaluate annually the effectiveness of the na19 tional media campaign based on data 

20 from—

21 ‘‘(I) the ‘Monitoring the Future 

22 Study’ published by the Department of 

23 Health and Human Services; 
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1 ‘‘(II) the Attitude Tracking Study 

2 published by the Partnership for a 

3 Drug Free America; 

4 ‘‘(III) the National Household 

5 Survey on Drug Abuse; and 

6 ‘‘(IV) other relevant studies or 

7 publications, as determined by the Di8 rector, including tracking and evalua9 tion data collected according to mar10 keting and advertising industry stand11 ards; and 

12 ‘‘(ii) ensure that the effectiveness of the 

13 media campaign is evaluated in a manner 

14 that enables consideration of whether the 

15 media campaign has contributed to reduc16 tion of illicit drug use among youth and 

17 such other measures of evaluation as the Di18 rector determines are appropriate. 

19 ‘‘(3) PURCHASE OF ADVERTISING TIME AND

20 SPACE.—For each fiscal year, not less than 77 percent 

21 of the amounts appropriated under this section shall 

22 be used for the purchase of advertising time and space 

23 for the media campaign, subject to the following ex24 ceptions: 
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1 ‘‘(A) In any fiscal year for which less than 

2 $125,000,000 is appropriated for the media cam3 paign, not less than 82 percent of the amounts 

4 appropriated under this section shall be used for 

5 the purchase of advertising time and space for 

6 the media campaign. 

7 ‘‘(B) In any fiscal year for which more 

8 than $195,000,000 is appropriated under this 

9 section, not less than 72 percent shall be used for 

10 advertising production costs and the purchase of 

11 advertising time and space for the media cam12 paign. 

13 ‘‘(c) ADVERTISING.—In carrying out this section, the 

14 Director shall devote sufficient funds to the advertising por15 tion of the national media campaign to meet the goals of 

16 the campaign. 

17 ‘‘(d) PROHIBITIONS.—None of the amounts made 

18 available under subsection (b) may be obligated or expended 

19 for any of the following: 

20 ‘‘(1) To supplant current antidrug community21 based coalitions. 

22 ‘‘(2) To supplant pro bono public service time 

23 donated by national and local broadcasting networks 

24 for other public service campaigns. 
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1 ‘‘(3) For partisan political purposes, or express 

2 advocacy in support of or to defeat any clearly identi3 fied candidate, clearly identified ballot initiative, or 

4 clearly identified legislative or regulatory proposal. 

5 ‘‘(4) To fund advertising that features any elect6 ed officials, persons seeking elected office, cabinet level 

7 officials, or other Federal officials employed pursuant 

8 to section 213 of Schedule C of title 5, Code of Federal 

9 Regulations. 

10 ‘‘(5) To fund advertising that does not contain 

11 a primary message intended to reduce or prevent il12 licit drug use. 

13 ‘‘(6) To fund advertising containing a primary 

14 message intended to promote support for the media 

15 campaign or private sector contributions to the media 

16 campaign. 

17 ‘‘(e) MATCHING REQUIREMENT.—

18 ‘‘(1) IN GENERAL.—Amounts made available 

19 under subsection (b) shall be matched by an equal 

20 amount of non-Federal funds for the media cam21 paign, or be matched with in-kind contributions of 

22 the same value. 

23 ‘‘(2) NO-COST MATCH ADVERTISING DIRECT RE24 LATIONSHIP REQUIREMENT.—The Director shall en25 sure that at least 70 percent of no-cost match adver-
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1 tising provided directly relates to substance abuse pre2 vention consistent with the specific purposes of the 

3 media campaign, except that in any fiscal year in 

4 which less than $125,000,000 is appropriated to the 

5 media campaign, the Director shall ensure that at 

6 least 85 percent of no-cost match advertising directly 

7 relates to substance abuse prevention consistent with 

8 the specific purposes of the media campaign. 

9 ‘‘(3) NO-COST MATCH ADVERTISING NOT DI10 RECTLY RELATED.—The Director shall ensure that 

11 no-cost match advertising that does not directly relate 

12 to substance abuse prevention includes a clear anti13 drug message. Such message is not required to be the 

14 primary message of the match advertising. 

15 ‘‘(f) FINANCIAL AND PERFORMANCE ACCOUNT16 ABILITY.—The Director shall cause to be performed—

17 ‘‘(1) audits and reviews of costs of the media 

18 campaign pursuant to section 304C of the Federal 

19 Property and Administrative Services Act of 1949 (41 

20 U.S.C. 254d); and 

21 ‘‘(2) an audit of the cost of the media campaign 

22 described in section 306 of such Act (41 U.S.C. 256). 

23 ‘‘(g) STRATEGIC GUIDANCE AND DONATIONS.—The 

24 Partnership for a Drug Free America shall serve as the pri25 mary outside strategic advisor to the media campaign and 
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1 be responsible for coordinating donations of creative and 

2 other services to the campaign, except with respect to adver3 tising created using funds permitted in subsection (b). The 

4 Director shall inform the Partnership for a Drug Free 

5 America of the strategic goals of the campaign and consider 

6 advice from the Partnership for a Drug Free America on 

7 media campaign strategy. 

8 ‘‘(h) REPORT TO CONGRESS.—The Director shall sub9 mit on an annual basis a report to Congress that de10 scribes—

11 ‘‘(1) the strategy of the media campaign and 

12 whether specific objectives of the media campaign 

13 were accomplished; 

14 ‘‘(2) steps taken to ensure that the media cam15 paign operates in an effective and efficient manner 

16 consistent with the overall strategy and focus of the 

17 media campaign; 

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

19 space; 

20 ‘‘(4) policies and practices implemented to en21 sure that Federal funds are used responsibly to pur22 chase advertising time and space and eliminate the 

23 potential for waste, fraud, and abuse; and 
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1 ‘‘(5) all contracts entered into with a corpora2 tion, partnership, or individual working on behalf of 

3 the media campaign. 

4 ‘‘(i) LOCAL TARGET REQUIREMENT.—The Director 

5 shall, to the maximum extent feasible, use amounts made 

6 available under this section for media that focuses on, or 

7 includes specific information on, prevention or treatment 

8 resources for consumers within specific local areas. 

9 ‘‘(j) PREVENTION OF MARIJUANA USE.—

10 ‘‘(1) FINDINGS.—The Congress finds the fol11 lowing: 

12 ‘‘(A) 60 percent of adolescent admissions for 

13 drug treatment are based on marijuana use. 

14 ‘‘(B) Potency levels of contemporary mari15 juana, particularly hydroponically grown mari16 juana, are significantly higher than in the past, 

17 rising from under 1 percent of THC in the mid18 1970s to as high as 30 percent today. 

19 ‘‘(C) Contemporary research has dem20 onstrated that youths smoking marijuana early 

21 in life may be up to five times more likely to use 

22 hard drugs. 

23 ‘‘(D) Contemporary research has dem24 onstrated clear detrimental effects in adolescent 
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1 educational achievement resulting from mari2 juana use. 

3 ‘‘(E) Contemporary research has dem4 onstrated clear detrimental effects in adolescent 

5 brain development resulting from marijuana use. 

6 ‘‘(F) An estimated 9,000,000 Americans a 

7 year drive while under the influence of illegal 

8 drugs, including marijuana. 

9 ‘‘(G) Marijuana smoke contains 50 to 70 

10 percent more of certain cancer causing chemicals 

11 than tobacco smoke. 

12 ‘‘(H) Teens who use marijuana are up to 

13 four times more likely to have a teen pregnancy 

14 than teens who have not. 

15 ‘‘(I) Federal law enforcement agencies have 

16 identified clear links suggesting that trade in hy17 droponic marijuana facilitates trade by criminal 

18 organizations in hard drugs, including heroin. 

19 ‘‘(J) Federal law enforcement agencies have 

20 identified possible links between trade in mari21 juana and financing for terrorist organizations. 

22 ‘‘(2) EMPHASIS ON PREVENTION OF YOUTH MARI23 JUANA USE.—In conducting advertising and activities 

24 otherwise authorized under this section, the Director 

25 may emphasize prevention of youth marijuana use. 
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1 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Office to carry out this 

3 section, $195,000,000 for each of fiscal years 2004 and 2005 

4 and $210,000,000 for each of fiscal years 2006 through 

5 2008.’’. 

6 (b) REPEAL OF SUPERSEDED PROVISIONS.—The 

7 Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 

8 et seq.) is repealed. 

9 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 714 (21 U.S.C. 1711) is amended—

11 (1) by striking ‘‘title,’’ and inserting ‘‘title, ex12 cept activities for which amounts are otherwise spe13 cifically authorized by this title,’’; and 

14 (2) by striking ‘‘1999 through 2003’’ and insert15 ing ‘‘2004 through 2008’’. 

16 SEC. 12. EXTENSION OF TERMINATION DATE. 

17 Section 715(a) is amended by striking ‘‘September 30, 

18 2003, this title and the amendments made by this title are 

19 repealed’’ and inserting ‘‘September 30, 2008, this title is 

20 repealed’’.

21 SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON22 TENTS. 

23 (a) SHORT TITLE.—This Act may be cited as 

24 the ‘‘Office of National Drug Control Policy 

25 Reauthorization Act of 2003’’. 
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1 (b) AMENDMENT OF OFFICE OF NATIONAL

2 DRUG CONTROL POLICY REAUTHORIZATION ACT

3 OF 1998.—Except as otherwise expressly pro4 vided, whenever in this Act an amendment or 

5 repeal is expressed in terms of an amendment 

6 to, or repeal of, a section or other provision, 

7 the reference shall be considered to be made 

8 to a section or other provision of the Office 

9 of National Drug Control Policy Reauthoriza10 tion Act of 1998 (Public Law 105–277; 21 U.S.C. 

11 1701 et seq.). 

12 (c) TABLE OF CONTENTS.—The table of con13 tents of this Act is as follows:

Sec. 1. Short title; references; table of contents. 

Sec. 2. Amendments to definitions. 

Sec. 3. Amendments relating to appointment and duties of Director and Deputy Directors. 

Sec. 4. Amendments relating to coordination with other agencies. 

Sec. 5. Development, submission, implementation, and assessment of National Drug Control Strategy. 

Sec. 6. High intensity drug trafficking areas program. 

Sec. 7. Funding for certain high intensity drug trafficking 

areas. 

Sec. 8. Amendments relating to Counter-Drug Technology Assessment Center. 

Sec. 9. Repeals. 

Sec. 10. National Youth Antidrug Media Campaign. 

Sec. 11. Authorization of appropriations. 

Sec. 12. Extension of termination date.

14 SEC. 2. AMENDMENTS TO DEFINITIONS. 

15 (a) AMENDMENTS TO DEFINITIONS.—Section 

16 702 (21 U.S.C. 1701) is amended—

17 (1) in paragraph (1)—
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1 (A) by striking ‘‘and’’ at the end of 

2 subparagraph (F); 

3 (B) by striking the period at the 

4 end of subparagraph (G) and insert5 ing a semicolon; and 

6 (C) by adding at the end the fol7 lowing: 

8 ‘‘(H) interventions for drug abuse 

9 and dependence; and 

10 ‘‘(I) international drug control co11 ordination and cooperation with re12 spect to activities described in this 

13 paragraph.’’. 

14 (2) in paragraph (9), by striking ‘‘im15 plicates’’ and inserting ‘‘indicates’’; 

16 (3) in paragraph (10)—

17 (A) by striking ‘‘and’’ at the end of 

18 subparagraph (B); 

19 (B) by striking the period at the 

20 end of subparagraph (C) and insert21 ing ‘‘; and’’; and 

22 (C) by adding at the end the fol23 lowing: 
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1 ‘‘(D) domestic drug law enforce2 ment, including law enforcement di3 rected at drug users.’’; and 

4 (4) in paragraph (11)—

5 (A) by inserting before the semi6 colon in subparagraph (A) the fol7 lowing: ‘‘(including source country 

8 programs, and law enforcement out9 side the United States)’’; 

10 (B) by inserting ‘‘and’’ after the 

11 semicolon in subparagraph (B); 

12 (C) by striking ‘‘; and’’ at the end 

13 of subparagraph (C) and inserting a 

14 period; and 

15 (D) by striking subparagraph (D). 

16 (b) CONFORMING AMENDMENTS.—Section 

17 703(b)(3) (21 U.S.C. 1702(b)(3)) is amended—

18 (1) in subparagraph (A), by striking 

19 ‘‘(G)’’ and inserting ‘‘(H)’’; and 

20 (2) in subparagraph (C)—

21 (A) by striking ‘‘(C)’’ and inserting 

22 ‘‘(D)’’; and 

23 (B) by striking ‘‘and subpara24 graph (D) of section 702(11)’’. 
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1 SEC. 3. AMENDMENTS RELATING TO APPOINTMENT AND 

2 DUTIES OF DIRECTOR AND DEPUTY DIREC3 TORS. 

4 (a) DESIGNATION OF OTHER OFFICERS.—Sec5 tion 704(a)(3) (21 U.S.C. 1703(a)(3)) is amend6 ed—

7 (1) by striking ‘‘permanent employee’’

8 and inserting ‘‘officer or employee’’; and 

9 (2) by striking ‘‘serve as the Director’’

10 and inserting ‘‘serve as the acting Direc11 tor’’. 

12 (b) RESPONSIBILITIES OF DIRECTOR.—Sec13 tion 704(b) (21 U.S.C. 1703(b)) is amended—

14 (1) in paragraph (4), by striking ‘‘Fed15 eral departments and agencies engaged 

16 in drug enforcement,’’ and inserting ‘‘Na17 tional Drug Control Program agencies,’’; 

18 (2) by inserting ‘‘and’’ at the end of 

19 paragraph (12); 

20 (3) by striking paragraphs (13) and 

21 (14); and 

22 (4) by redesignating paragraph (15) as 

23 paragraph (13). 

24 (c) REVIEW AND CERTIFICATION OF NATIONAL

25 DRUG CONTROL PROGRAM BUDGET.—Section 

26 704(c)(3) (21 U.S.C. 1703(c)(3)) is amended—
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1 (1) by redesignating subparagraphs 

2 (C) and (D) as subparagraphs (D) and (E), 

3 respectively; 

4 (2) by inserting after subparagraph 

5 (B) the following new subparagraph: 

6 ‘‘(C) SPECIFIC REQUESTS.—The Di7 rector shall not confirm the adequacy 

8 of any budget request that—

9 ‘‘(i) requests funding for Fed10 eral law enforcement activities 

11 that do not adequately com12 pensate for transfers of drug en13 forcement resources and per14 sonnel to law enforcement and in15 vestigation activities not related 

16 to drug enforcement as deter17 mined by the Director; 

18 ‘‘(ii) requests funding for law 

19 enforcement activities on the bor20 ders of the United States that do 

21 not adequately direct resources to 

22 drug interdiction and enforce23 ment as determined by the Direc24 tor; 
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1 ‘‘(iii) requests funding for 

2 drug treatment activities that do 

3 not provide adequate result and 

4 accountability measures as deter5 mined by the Director; 

6 ‘‘(iv) requests funding for any 

7 activities of the Safe and Drug 

8 Free Schools Program that do not 

9 include a clear antidrug message 

10 or purpose intended to reduce 

11 drug use; 

12 ‘‘(v) requests funding to en13 force section 484(r)(1) of the High14 er Education Act of 1965 (20 

15 U.S.C. 1091(r)(1)) with respect to 

16 convictions for drug-related of17 fenses not occurring during a pe18 riod of enrollment for which the 

19 student was receiving any Fed20 eral grant, loan, or work assist21 ance;

22 ‘‘(vi) requests funding for 

23 drug treatment activities that do 

24 not adequately support and en25 hance Federal drug treatment 
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1 programs and capacity, as deter2 mined by the Director; or 

3 ‘‘(vii) requests funding for fis4 cal year 2005 for activities of the 

5 Department of Education, unless 

6 it is accompanied by a report set7 ting forth a plan for providing ex8 pedited consideration of student 

9 loan applications for all individ10 uals who submitted an applica11 tion for any Federal grant, loan, 

12 or work assistance that was re13 jected or denied pursuant to sec14 tion 484(r)(1) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 

16 1091(r)(1)) by reason of a convic17 tion for a drug-related offense not 

18 occurring during a period of en19 rollment for which the individual 

20 was receiving any Federal grant, 

21 loan, or work assistance.’’; 

22 (3) in subparagraph (D)(iii), as so re23 designated, by inserting ‘‘and the author24 izing committees of Congress for the Of-
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1 fice’’ after ‘‘House of Representatives’’; 

2 and 

3 (4) in subparagraph (E)(ii)(II)(bb), as 

4 so redesignated, by inserting ‘‘and the au5 thorizing committees of Congress for the 

6 Office’’ after ‘‘House of Representatives’’. 

7 (d) REPROGRAMMING AND TRANSFER RE8 QUESTS.—Section 704(c)(4)(A) (21 U.S.C. 

9 1703(c)(4)(A)) is amended by striking 

10 ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. 

11 (e) POWERS OF DIRECTOR.—Section 704(d) 

12 (21 U.S.C. 1703(d)) is amended—

13 (1) in paragraph (8)(D), by striking 

14 ‘‘have been authorized by Congress;’’ and 

15 inserting ‘‘authorized by law;’’; 

16 (2) in paragraph (9)—

17 (A) by inserting ‘‘notwithstanding 

18 any other provision of law,’’ after 

19 ‘‘(9)’’; and 

20 (B) by striking ‘‘Strategy; and’’

21 and inserting ‘‘Strategy and notify 

22 the authorizing Committees of Con23 gress for the Office of any fund con24 trol notice issued;’’; 
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1 (3) in paragraph (10), by striking ‘‘(22 

2 U.S.C. 2291j).’’ and inserting ‘‘(22 U.S.C. 

3 2291j) and section 706 of the Department 

4 of State Authorization Act for Fiscal Year 

5 2003 (22 U.S.C. 229j–l);’’; 

6 (4) by adding at the end the following 

7 new paragraphs: 

8 ‘‘(11) not later than August 1 of each 

9 year, submit to the President a report, 

10 and transmit copies of the report to the 

11 Secretary of State and the authorizing 

12 committees of Congress for the Office, 

13 that—

14 ‘‘(A) provides the Director’s as15 sessment of which countries are 

16 major drug transit countries or major 

17 illicit drug producing countries as de18 fined in section 481(e) of the Foreign 

19 Assistance Act of 1961; 

20 ‘‘(B) provides the Director’s as21 sessment of whether each country 

22 identified under subparagraph (A) 

23 has cooperated fully with the United 

24 States or has taken adequate steps on 

25 its own to achieve full compliance 
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1 with the goals and objectives estab2 lished by the United Nations Conven3 tion Against Illicit Traffic in Narcotic 

4 Drugs and Psychotropic Substances 

5 and otherwise has assisted in reduc6 ing the supply of illicit drugs to the 

7 United States; and 

8 ‘‘(C) provides the Director’s as9 sessment of whether application of 

10 procedures set forth in section 490(a) 

11 through (h) of the Foreign Assistance 

12 Act of 1961, as provided in section 706 

13 of the Department of State Authoriza14 tion Act for Fiscal Year 2003, is war15 ranted with respect to countries the 

16 Director assesses have not cooper17 ated fully; and 

18 ‘‘(12) appoint a United States Inter19 diction Coordinator under subsection 

20 (i).’’. 

21 (f) UNITED STATES INTERDICTION COORDI22 NATOR.—Section 704 (21 U.S.C. 1703) is further 

23 amended by adding at the end the following: 

24 ‘‘(i) UNITED STATES INTERDICTION COORDI25 NATOR.—
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1 ‘‘(1) IN GENERAL.—There shall be in 

2 the Office a United States Interdiction 

3 Coordinator, who shall be appointed by 

4 the Director and shall perform duties de5 termined by the Director with respect to 

6 coordination of efforts to interdict illicit 

7 drugs from the United States. 

8 ‘‘(2) APPOINTMENT.—

9 ‘‘(A) IN GENERAL.—Notwith10 standing any other provision of law 

11 (except subparagraph (B)), the Direc12 tor may appoint any individual to 

13 serve as the United States Interdic14 tion Coordinator. 

15 ‘‘(B) LIMITATION.—The Director 

16 may not appoint to such position any 

17 individual who concurrently serves 

18 as the head of any other Federal de19 partment or agency or any subdivi20 sion thereof with responsibility for 

21 narcotics interdiction activities, ex22 cept the counternarcotics officer of 

23 the Department of Homeland Secu24 rity appointed under section 878 of 
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1 the Homeland Security Act of 2002 (6 

2 U.S.C. 458).’’. 

3 (g) REQUIREMENT FOR SOUTH AMERICAN

4 HEROIN STRATEGY.—

5 (1) IN GENERAL.—Not later than 90 

6 days after the date of the enactment of 

7 this Act, the Director of National Drug 

8 Control Policy shall submit to the Con9 gress a comprehensive strategy that ad10 dresses the increased threat from South 

11 American heroin, and in particular Co12 lombian heroin. 

13 (2) CONTENTS.—The strategy shall in14 clude—

15 (A) opium eradication efforts to 

16 eliminate the problem at the source 

17 to prevent it from reoccurring before 

18 the heroin enters the stream of com19 merce; 

20 (B) interdiction and precursor 

21 chemical controls; 

22 (C) demand reduction and treat23 ment; 

24 (D) provisions that ensure the 

25 maintenance at current levels of ef-
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1 forts to eradicate coca in Colombia; 

2 and 

3 (E) assessment of the level of ad4 ditional funding and resources nec5 essary to simultaneously address the 

6 threat from South American heroin 

7 and the threat from Colombian coca. 

8 SEC. 4. AMENDMENTS RELATING TO COORDINATION WITH 

9 OTHER AGENCIES. 

10 Section 705 (21 U.S.C. 1704) is amended—

11 (1) in subsection (a)(1)(A), by striking 

12 ‘‘abuse’’; 

13 (2) by amending paragraph (3) of sub14 section (a) to read as follows: 

15 ‘‘(3) REQUIRED REPORTS.—

16 ‘‘(A) SECRETARIES OF THE INTERIOR

17 AND AGRICULTURE.—The Secretaries of 

18 Agriculture and the Interior shall, by 

19 July 1 of each year, jointly submit to 

20 the Director and the authorizing com21 mittees of Congress for the Office an 

22 assessment of the quantity of illegal 

23 drug cultivation and manufacturing 

24 in the United States on lands owned 

25 or under the jurisdiction of the Fed-
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1 eral Government for the preceding 

2 year. 

3 ‘‘(B) ATTORNEY GENERAL.—The At4 torney General shall, by July 1 of 

5 each year, submit to the Director and 

6 the authorizing committees of Con7 gress for the Office information for 

8 the preceding year regarding the 

9 number and type of—

10 ‘‘(i) arrests for drug viola11 tions;

12 ‘‘(ii) prosecutions for drug vio13 lations by United States Attor14 neys; and 

15 ‘‘(iii) seizures of drugs by each 

16 component of the Department of 

17 Justice seizing drugs, as well as 

18 statistical information on the geo19 graphic areas of such seizures. 

20 ‘‘(C) SECRETARY OF HOMELAND SE21 CURITY.—The Secretary of Homeland 

22 Security shall, by July 1 of each year, 

23 submit to the Director and the au24 thorizing committees of Congress for 
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1 the Office information for the pre2 ceding year regarding—

3 ‘‘(i) the number and type of 

4 seizures of drugs by each compo5 nent of the Department of Home6 land Security seizing drugs, as 

7 well as statistical information on 

8 the geographic areas of such sei9 zures; and 

10 ‘‘(ii) the number of air and 

11 maritime patrol hours primarily 

12 dedicated to drug supply reduc13 tion missions undertaken by each 

14 component of the Department. 

15 ‘‘(D) SECRETARY OF DEFENSE.—The 

16 Secretary of Defense shall, by July 1 

17 of each year, submit to the Director 

18 and the authorizing committees of 

19 Congress for the Office information 

20 for the preceding year regarding the 

21 number of air and maritime patrol 

22 hours primarily dedicated to drug 

23 supply reduction missions under24 taken by each component of the De25 partment of Defense.’’; and 
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1 (3) in subsection (b)(2)(B), by striking 

2 ‘‘Program.’’ and inserting ‘‘Strategy.’’. 

3 SEC. 5. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

4 AND ASSESSMENT OF NATIONAL DRUG CON5 TROL STRATEGY. 

6 Section 706 (21 U.S.C. 1705) is amended to 

7 read as follows: 

8 ‘‘SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

9 AND ASSESSMENT OF NATIONAL DRUG CON10 TROL STRATEGY. 

11 ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR

12 DEVELOPMENT AND SUBMISSION OF NATIONAL

13 DRUG CONTROL STRATEGY.—

14 ‘‘(1) IN GENERAL.—Not later than Feb15 ruary 1 of each year, the President shall 

16 submit to Congress a National Drug Con17 trol Strategy, which shall set forth a com18 prehensive plan for reducing illicit drug 

19 use and the consequences of illicit drug 

20 use in the United States by reducing the 

21 demand for illegal drugs, limiting the 

22 availability of illegal drugs, and con23 ducting law enforcement activities with 

24 respect to illegal drugs. 

25 ‘‘(2) CONTENTS.—
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1 ‘‘(A) IN GENERAL.—The National 

2 Drug Control Strategy submitted 

3 under paragraph (1) shall include—

4 ‘‘(i) comprehensive, research5 based, long-range, and quantifi6 able goals for reducing illicit drug 

7 use and the consequences of illicit 

8 drug use in the United States; 

9 ‘‘(ii) annual objectives and 

10 strategy for demand reduction, 

11 supply reduction, and law en12 forcement activities, specific tar13 gets to accomplish long-range 

14 quantifiable reduction in illicit 

15 drug use as determined by the Di16 rector, and specific measurements 

17 to evaluate progress toward the 

18 targets and strategic goals; 

19 ‘‘(iii) a strategy to reduce the 

20 availability and purity of illegal 

21 drugs and the level of drug-re22 lated crime in the United States; 

23 ‘‘(iv) an assessment of Federal 

24 effectiveness in achieving the Na-
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1 tional Drug Control Strategy for 

2 the previous year, including—

3 ‘‘(I) a specific evaluation 

4 of whether the objectives and 

5 targets for reducing illicit 

6 drug use for the previous year 

7 were met and reasons for the 

8 success or failure of the pre9 vious year’s Strategy; and 

10 ‘‘(II) an assessment of the 

11 availability and purity of ille12 gal drugs and the level of 

13 drug-related crime in the 

14 United States; 

15 ‘‘(v) notification of any pro16 gram or budget priorities that the 

17 Director expects to significantly 

18 change from the current Strategy 

19 over the next five years; 

20 ‘‘(vi) a review of international, 

21 State, local, and private sector 

22 drug control activities to ensure 

23 that the United States pursues 

24 well-coordinated and effective 
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1 drug control at all levels of gov2 ernment; 

3 ‘‘(vii) such statistical data and 

4 information as the Director 

5 deems appropriate to dem6 onstrate and assess trends relat7 ing to illicit drug use, the effects 

8 and consequences thereof, supply 

9 reduction, demand reduction, 

10 drug-related law enforcement, 

11 and the implementation of the 

12 National Drug Control Strategy; 

13 and 

14 ‘‘(viii) a supplement reviewing 

15 the activities of each individual 

16 National Drug Control Program 

17 agency during the previous year 

18 with respect to the National Drug 

19 Control Strategy and the Direc20 tor’s assessment of the progress of 

21 each National Drug Control Pro22 gram agency in meeting its re23 sponsibilities under the National 

24 Drug Control Strategy. 
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1 ‘‘(B) CLASSIFIED INFORMATION.—

2 Any contents of the National Drug 

3 Control Strategy that involve infor4 mation properly classified under cri5 teria established by an Executive 

6 order shall be presented to Congress 

7 separately from the rest of the Na8 tional Drug Control Strategy. 

9 ‘‘(C) SELECTION OF DATA AND INFOR10 MATION.—In selecting data and infor11 mation for inclusion under subpara12 graph (A), the Director shall ensure—

13 ‘‘(i) the inclusion of data and 

14 information that will permit anal15 ysis of current trends against pre16 viously compiled data and infor17 mation where the Director be18 lieves such analysis enhances 

19 long-term assessment of the Na20 tional Drug Control Strategy; and 

21 ‘‘(ii) the inclusion of data and 

22 information to permit a standard23 ized and uniform assessment of 

24 the effectiveness of drug treat-
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1 ment programs in the United 

2 States. 

3 ‘‘(3) PROCESS FOR DEVELOPMENT AND

4 SUBMISSION.—

5 ‘‘(A) CONSULTATION.—In devel6 oping and effectively implementing 

7 the National Drug Control Strategy, 

8 the Director—

9 ‘‘(i) shall consult with—

10 ‘‘(I) the heads of the Na11 tional Drug Control Program 

12 agencies; 

13 ‘‘(II) Congress; 

14 ‘‘(III) State and local offi15 cials; 

16 ‘‘(IV) private citizens and 

17 organizations with experience 

18 and expertise in demand re19 duction; 

20 ‘‘(V) private citizens and 

21 organizations with experience 

22 and expertise in supply reduc23 tion; 

24 ‘‘(VI) private citizens and 

25 organizations with experience 
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•HR 2086 RH 

1 and expertise in law enforce2 ment; and 

3 ‘‘(VII) appropriate rep4 resentatives of foreign gov5 ernments; 

6 ‘‘(ii) with the concurrence of 

7 the Attorney General, may re8 quire the El Paso Intelligence 

9 Center to undertake specific 

10 tasks or projects to implement the 

11 National Drug Control Strategy; 

12 ‘‘(iii) with the concurrence of 

13 the Director of Central Intel14 ligence and the Attorney General, 

15 may request that the National 

16 Drug Intelligence Center under17 take specific tasks or projects to 

18 implement the National Drug 

19 Control Strategy; and 

20 ‘‘(iv) may make recommenda21 tions to the Secretary of Health 

22 and Human Services on research 

23 that supports or advances the Na24 tional Drug Control Strategy. 
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1 ‘‘(B) RECOMMENDATIONS.—Rec2 ommendations under subparagraph 

3 (A)(iv) may include recommendations 

4 of research to be performed at the 

5 National Institutes of Health, includ6 ing the National Institute on Drug 

7 Abuse, or any other appropriate agen8 cy within the Department of Health 

9 and Human Services. 

10 ‘‘(C) INCLUSION IN STRATEGY.—The 

11 National Drug Control Strategy 

12 under this subsection shall include a 

13 list of each entity consulted under 

14 subparagraph (A)(i). 

15 ‘‘(4) SUBMISSION OF REVISED STRAT16 EGY.—The President may submit to Con17 gress a revised National Drug Control 

18 Strategy that meets the requirements of 

19 this section—

20 ‘‘(A) at any time, upon a deter21 mination by the President, in con22 sultation with the Director, that the 

23 National Drug Control Strategy in ef24 fect is not sufficiently effective; or 
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1 ‘‘(B) if a new President or Direc2 tor takes office. 

3 ‘‘(b) PERFORMANCE MEASUREMENT SYS4 TEM.—Not later than February 1 of each year, 

5 the Director shall submit to Congress a de6 scription of the national drug control per7 formance measurement system, designed in 

8 consultation with affected National Drug Con9 trol Program agencies, that includes perform10 ance measures for the National Drug Control 

11 Strategy and activities of National Drug Con12 trol Program agencies related to the National 

13 Drug Control Strategy.’’. 

14 SEC. 6. HIGH INTENSITY DRUG TRAFFICKING AREAS PRO15 GRAM. 

16 (a) IN GENERAL.—Section 707 (21 U.S.C. 

17 1706) is amended to read as follows: 

18 ‘‘SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS 

19 PROGRAM. 

20 ‘‘(a) ESTABLISHMENT.—There is established 

21 in the Office a program to be known as the 

22 High Intensity Drug Trafficking Areas Pro23 gram (in this section referred to as the ‘Pro24 gram’). 
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1 ‘‘(b) PURPOSES.—The purposes of the Pro2 gram are the following: 

3 ‘‘(1) To reduce drug availability and 

4 facilitate cooperative efforts between 

5 Federal, State, and local law enforcement 

6 agencies in areas with significant drug 

7 trafficking problems that harmfully im8 pact other parts of the Nation. 

9 ‘‘(2) To provide assistance to agencies 

10 to come together to assess regional 

11 threats, design coordinated strategies to 

12 combat those threats, share intelligence, 

13 and develop and implement coordinated 

14 initiatives to implement the strategies. 

15 ‘‘(c) DESIGNATION.—The Director, upon 

16 consultation with the Attorney General, the 

17 Secretary of the Treasury, the Secretary of 

18 Homeland Security, heads of the National 

19 Drug Control Program agencies, and the Gov20 ernor of each applicable State, may designate 

21 any specified area of the United States as a 

22 high intensity drug trafficking area. 

23 ‘‘(d) FACTORS FOR CONSIDERATION.—

24 ‘‘(1) IN GENERAL.—In considering 

25 whether to designate an area under this 
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1 section as a high intensity drug traf2 ficking area, the Director shall consider, 

3 in addition to such other criteria as the 

4 Director considers to be appropriate, the 

5 extent to which—

6 ‘‘(A) the area is a major center of 

7 illegal drug production, manufac8 turing, importation, or distribution 

9 for the United States as compared to 

10 other areas of the United States; 

11 ‘‘(B) State and local law enforce12 ment agencies have committed re13 sources to respond to the drug traf14 ficking problem in the area, thereby 

15 indicating a determination to re16 spond aggressively to the problem; 

17 ‘‘(C) drug-related production, 

18 manufacturing, importation, or dis19 tribution in the area is having a sig20 nificant harmful impact in other 

21 areas of the United States; and 

22 ‘‘(D) a significant increase in allo23 cation of Federal resources is nec24 essary to respond adequately to drug25 related activities in the area.
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1 ‘‘(2) CONSIDERATIONS.—For purposes 

2 of paragraph (1)(A), in considering 

3 whether an area is a major center of ille4 gal drug production, manufacturing, im5 portation, or distribution as compared to 

6 other areas of the United States, the Di7 rector shall consider—

8 ‘‘(A) the quantity of illicit drug 

9 traffic entering or transiting the area 

10 originating in foreign countries; 

11 ‘‘(B) the quantity of illicit drugs 

12 produced in the area; 

13 ‘‘(C) the number of Federal, State, 

14 and local arrests, prosecutions, and 

15 convictions for drug trafficking and 

16 distribution offenses in the area; 

17 ‘‘(D) the degree to which the area 

18 is a center for the activities of na19 tional drug trafficking organizations; 

20 and 

21 ‘‘(E) such other criteria as the Di22 rector considers appropriate. 

23 ‘‘(e) SOUTHWEST BORDER.—The Director 

24 may not designate any county contiguous to 

25 the international land border with Mexico as 
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1 part of any high intensity drug trafficking 

2 area other than as part of a single Southwest 

3 Border high intensity drug trafficking area. 

4 ‘‘(f) REMOVAL FROM DESIGNATION.—The Di5 rector may remove an area or portion of an 

6 area from designation as a high intensity 

7 drug trafficking area under this section upon 

8 determination that the area or portion of an 

9 area no longer is a high intensity drug traf10 ficking area, considering the factors in sub11 sections (d) and (e) in addition to such other 

12 criteria as the Director considers to be appro13 priate. 

14 ‘‘(g) AUTHORITY OF THE DIRECTOR.—After 

15 making such a designation and in order to 

16 provide Federal assistance to the area so des17 ignated, the Director may—

18 ‘‘(1) obligate such sums as appro19 priated for the Program; 

20 ‘‘(2) direct the temporary reassign21 ment of Federal personnel to such area, 

22 subject to the approval of the head of the 

23 department or agency that employs such 

24 personnel; and 
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1 ‘‘(3) take any other action authorized 

2 under section 704 to provide increased 

3 Federal assistance to those areas. 

4 ‘‘(h) USE OF FUNDS.—

5 ‘‘(1) LIMITATION.—No funds appro6 priated for the Program shall be ex7 pended for drug prevention or drug 

8 treatment programs. 

9 ‘‘(2) LIMITATION ON APPLICABILITY.—

10 Paragraph (1) shall not apply with re11 spect to the Baltimore/Washington high 

12 intensity drug trafficking area. 

13 ‘‘(i) TERRORISM ACTIVITIES.—

14 ‘‘(1) ASSISTANCE AUTHORIZED.—The Di15 rector may authorize use of resources 

16 available for the Program to assist Fed17 eral, State, and local law enforcement 

18 agencies in investigations and activities 

19 related to terrorism and prevention of 

20 terrorism, especially but not exclusively 

21 where such investigations are related to 

22 drug trafficking. 

23 ‘‘(2) LIMITATION.—The Director shall 

24 ensure—
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1 ‘‘(A) that assistance provided 

2 under paragraph (1) remains inci3 dental to the purpose of the Program 

4 to reduce drug availability and carry 

5 out drug-related law enforcement ac6 tivities; and 

7 ‘‘(B) that significant resources of 

8 the Program are not redirected to ac9 tivities exclusively related to ter10 rorism. 

11 ‘‘(j) BOARD REPRESENTATION.—None of the 

12 funds appropriated under this section may be 

13 expended for any high intensity drug traf14 ficking area, or for a partnership under the 

15 Program, if the executive board or equivalent 

16 governing committee with respect to such 

17 area or partnership is not comprised of equal 

18 voting representation between representa19 tives of Federal law enforcement agencies and 

20 representatives of State and local law en21 forcement agencies. 

22 ‘‘(k) ROLE OF DRUG ENFORCEMENT ADMINIS23 TRATION.—The Director, in consultation with 

24 the Attorney General, shall ensure that a rep25 resentative of the Drug Enforcement Adminis-
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1 tration is included in the Intelligence Support 

2 Center for each high intensity drug traf3 ficking area. 

4 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—

5 There is authorized to be appropriated to the 

6 Office of National Drug Control Policy to 

7 carry out this section—

8 ‘‘(1) $230,000,000 for fiscal year 2004; 

9 ‘‘(2) $240,000,000 for each of fiscal 

10 years 2005 and 2006; and 

11 ‘‘(3) $250,000,000 for each of fiscal 

12 years 2007 and 2008.’’. 

13 (b) REVIEW OF CURRENT AREAS.—Within 

14 one year after the date of enactment of this 

15 Act, the Director of National Drug Control 

16 Policy shall—

17 (1) review each of the areas currently 

18 designated as a high intensity drug traf19 ficking area to determine whether it con20 tinues to warrant designation as a high 

21 intensity drug trafficking area, consid22 ering the factors in section 707(d) of the 

23 Office of National Drug Control Policy 

24 Reauthorization Act of 1998, as amended 

25 by this section, in addition to such other 
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1 criteria as the Director considers to be 

2 appropriate; and 

3 (2) terminate such description for an 

4 area or portion of an area determined to 

5 no longer warrant designation. 

6 SEC. 7. FUNDING FOR CERTAIN HIGH INTENSITY DRUG 

7 TRAFFICKING AREAS. 

8 (a) SHORT TITLE.—This section may be 

9 cited as the ‘‘Dawson Family Community Pro10 tection Act’’. 

11 (b) FINDINGS.—Congress finds the fol12 lowing: 

13 (1) In the early morning hours of Oc14 tober 16, 2002, the home of Carnell and 

15 Angela Dawson was firebombed in appar16 ent retaliation for Mrs. Dawson’s notifica17 tion of police about persistent drug dis18 tribution activity in their East Baltimore 

19 City neighborhood. 

20 (2) The arson claimed the lives of Mr. 

21 and Mrs. Dawson and their 5 young chil22 dren, aged 9 to 14. 

23 (3) The horrific murder of the Daw24 son family is a stark example of domestic 

25 narco-terrorism. 
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1 (4) In all phases of counter-narcotics 

2 law enforcement—from prevention to in3 vestigation to prosecution to reentry—the 

4 voluntary cooperation of ordinary citi5 zens is a critical component. 

6 (5) Voluntary cooperation is difficult 

7 for law enforcement officials to obtain 

8 when citizens feel that cooperation car9 ries the risk of violent retaliation by ille10 gal drug trafficking organizations and 

11 their affiliates. 

12 (6) Public confidence that law en13 forcement is doing all it can to make 

14 communities safe is a prerequisite for 

15 voluntary cooperation among people who 

16 may be subject to intimidation or reprisal 

17 (or both). 

18 (7) Witness protection programs are 

19 insufficient on their own to provide secu20 rity because many individuals and fami21 lies who strive every day to make dis22 tressed neighborhoods livable for their 

23 children, other relatives, and neighbors 

24 will resist or refuse offers of relocation 

25 by local, State, and Federal prosecutorial 
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1 agencies and because, moreover, the con2 tinued presence of strong individuals and 

3 families is critical to preserving and 

4 strengthening the social fabric in such 

5 communities. 

6 (8) Where (as in certain sections of 

7 Baltimore City) interstate trafficking of 

8 illegal drugs has severe ancillary local 

9 consequences within areas designated as 

10 high intensity drug trafficking areas, it is 

11 important that supplementary High In12 tensity Drug Trafficking Areas Program 

13 funds be committed to support initiatives 

14 aimed at making the affected commu15 nities safe for the residents of those com16 munities and encouraging their coopera17 tion with local, State, and Federal law en18 forcement efforts to combat illegal drug 

19 trafficking. 

20 (c) FUNDING FOR CERTAIN HIGH INTENSITY

21 DRUG TRAFFICKING AREAS.—Section 707 (21 

22 U.S.C. 1706) is further amended in subsection 

23 (h) by adding at the end the following new 

24 paragraph: 

25 ‘‘(3) SPECIFIC PURPOSES.—
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1 ‘‘(A) IN GENERAL.—The Director 

2 shall ensure that, of the amounts ap3 propriated for a fiscal year for the 

4 Program, at least $1,000,000 is used in 

5 high intensity drug trafficking areas 

6 with severe neighborhood safety and 

7 illegal drug distribution problems. 

8 ‘‘(B) REQUIRED USES.—The funds 

9 used under subparagraph (A) shall be 

10 used—

11 ‘‘(i) to ensure the safety of 

12 neighborhoods and the protection 

13 of communities, including the 

14 prevention of the intimidation of 

15 potential witnesses of illegal drug 

16 distribution and related activi17 ties; and 

18 ‘‘(ii) to combat illegal drug 

19 trafficking through such methods 

20 as the Director considers appro21 priate, such as establishing or op22 erating (or both) a toll-free tele23 phone hotline for use by the pub24 lic to provide information about 

25 illegal drug-related activities.’’. 
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1 SEC. 8. AMENDMENTS RELATING TO COUNTER-DRUG TECH2 NOLOGY ASSESSMENT CENTER. 

3 (a) CHIEF SCIENTIST.—Section 708(b) (21 

4 U.S.C. 1707(b)) is amended—

5 (1) in the heading by striking ‘‘DIREC6 TOR OF TECHNOLOGY.—’’ and inserting 

7 ‘‘CHIEF SCIENTIST.—’’; and 

8 (2) by striking ‘‘Director of Tech9 nology,’’ and inserting ‘‘Chief Scientist,’’. 

10 (b) ADDITIONAL RESPONSIBILITIES OF DIREC11 TOR.—Section 708(c) (21 U.S.C. 1707(c)) is 

12 amended to read as follows: 

13 ‘‘(c) ADDITIONAL RESPONSIBILITIES OF THE

14 DIRECTOR OF NATIONAL DRUG CONTROL POL15 ICY.—

16 ‘‘(1) IN GENERAL.—The Director, acting 

17 through the Chief Scientist, shall—

18 ‘‘(A) identify and define the short19 , medium-, and long-term scientific 

20 and technological needs of Federal, 

21 State, and local law enforcement 

22 agencies relating to drug enforce23 ment, including—

24 ‘‘(i) advanced surveillance, 

25 tracking, and radar imaging; 
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1 ‘‘(ii) electronic support meas2 ures; 

3 ‘‘(iii) communications; 

4 ‘‘(iv) data fusion, advanced 

5 computer systems, and artificial 

6 intelligence; and 

7 ‘‘(v) chemical, biological, radi8 ological (including neutron, elec9 tron, and graviton), and other 

10 means of detection; 

11 ‘‘(B) identify demand reduction 

12 (including drug prevention) basic and 

13 applied research needs and initia14 tives, in consultation with affected 

15 National Drug Control Program agen16 cies, including—

17 ‘‘(i) improving treatment 

18 through neuroscientific advances; 

19 ‘‘(ii) improving the transfer of 

20 biomedical research to the clin21 ical setting; and 

22 ‘‘(iii) in consultation with the 

23 National Institute on Drug Abuse 

24 and the Substance Abuse and 

25 Mental Health Services Adminis-
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1 tration, and through interagency 

2 agreements or grants, examining 

3 addiction and rehabilitation re4 search and the application of 

5 technology to expanding the ef6 fectiveness or availability of drug 

7 treatment; 

8 ‘‘(C) make a priority ranking of 

9 such needs identified in subpara10 graphs (A) and (B) according to fiscal 

11 and technological feasibility, as part 

12 of a National Counter-Drug Enforce13 ment Research and Development Pro14 gram; 

15 ‘‘(D) oversee and coordinate 

16 counter-drug technology initiatives 

17 with related activities of other Fed18 eral civilian and military depart19 ments; 

20 ‘‘(E) oversee and coordinate a 

21 technology transfer program for the 

22 transfer of technology to State and 

23 local law enforcement agencies; and 

24 ‘‘(F) pursuant to the authority of 

25 the Director of National Drug Control 
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1 Policy under section 704, submit re2 quests to Congress for the reprogram3 ming or transfer of funds appro4 priated for counter-drug technology 

5 research and development. 

6 ‘‘(2) PRIORITIES IN TRANSFERRING TECH7 NOLOGY.—In transferring technology 

8 under the authority of paragraph (1)(E), 

9 the Chief Scientist shall give priority, in 

10 transferring technologies most likely to 

11 assist in drug interdiction and border en12 forcement, to State, local, and tribal law 

13 enforcement agencies in southwest bor14 der areas and northern border areas with 

15 significant traffic in illicit drugs. 

16 ‘‘(3) LIMITATION ON AUTHORITY.—The 

17 authority granted to the Director under 

18 this subsection shall not extend to the 

19 award of contracts, management of indi20 vidual projects, or other operational ac21 tivities.’’. 

22 (c) ASSISTANCE FROM SECRETARY OF HOME23 LAND SECURITY.—Section 708(d) (21 U.S.C. 

24 1707(d)) is amended by inserting ‘‘, the Sec-
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1 retary of Homeland Security,’’ after ‘‘The Sec2 retary of Defense’’. 

3 SEC. 9. REPEALS. 

4 The following provisions are repealed: 

5 (1) Sections 709 and 711 (21 U.S.C. 

6 1708 and 1710). 

7 (2) Section 6073 of the Asset For8 feiture Amendments Act of 1988 (21 U.S.C. 

9 1509). 

10 SEC. 10. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

11 (a) IN GENERAL.—The Act is further 

12 amended by inserting after section 708 (21 

13 U.S.C. 1707) the following: 

14 ‘‘SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

15 ‘‘(a) IN GENERAL.—The Director shall con16 duct a national media campaign in accord17 ance with this section for the purpose of re18 ducing and preventing illicit drug use among 

19 young people in the United States, through 

20 mass media advertising. 

21 ‘‘(b) USE OF FUNDS.—

22 ‘‘(1) IN GENERAL.—Amounts made 

23 available to carry out this section for the 

24 media campaign may only be used for the 

25 following: 
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1 ‘‘(A) The purchase of media time 

2 and space. 

3 ‘‘(B) Creative and talent costs. 

4 ‘‘(C) Advertising production costs. 

5 ‘‘(D) Testing and evaluation of ad6 vertising. 

7 ‘‘(E) Evaluation of the effective8 ness of the media campaign. 

9 ‘‘(F) The negotiated fees for the 

10 winning bidder on requests for pro11 posals issued either by the Office or 

12 its designee for purposes otherwise 

13 authorized in this section. 

14 ‘‘(G) Partnerships with commu15 nity, civic, and professional groups 

16 and government organizations re17 lated to the media campaign. 

18 ‘‘(H) Entertainment industry out19 reach, interactive outreach, media 

20 projects and activities, public infor21 mation, news media outreach, and 

22 corporate sponsorship and participa23 tion. 

24 ‘‘(I) Operational and management 

25 expenses. 
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1 ‘‘(2) SPECIFIC REQUIREMENTS.—

2 ‘‘(A) CREATIVE SERVICES.—

3 ‘‘(i) In using amounts for cre4 ative and talent costs under para5 graph (1)(B), the Director shall 

6 use creative services donated at 

7 no cost to the Government wher8 ever feasible and may only pro9 cure creative services for adver10 tising—

11 ‘‘(I) responding to high12 priority or emergent media 

13 campaign needs that cannot 

14 timely be obtained at no cost; 

15 or 

16 ‘‘(II) intended to reach a 

17 minority, ethnic, or other spe18 cial audience that cannot rea19 sonably be obtained at no 

20 cost. 

21 ‘‘(ii) No more than $1,000,000 

22 may be expended under this sec23 tion each fiscal year on creative 

24 services, except that the Director 

25 may expend up to $2,000,000 in a 
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1 fiscal year on creative services to 

2 meet urgent needs of the media 

3 campaign with advance approval 

4 from the Committees on Appro5 priations of the House of Rep6 resentatives and of the Senate 

7 upon a showing of the cir8 cumstances causing such urgent 

9 needs of the media campaign. 

10 ‘‘(B) TESTING AND EVALUATION OF

11 ADVERTISING.—In using amounts for 

12 testing and evaluation of advertising 

13 under paragraph (1)(D), the Director 

14 shall test all advertisements prior to 

15 use in the media campaign to ensure 

16 that the advertisements are effective 

17 and meet industry-accepted stand18 ards. The Director may waive this re19 quirement for advertisements using 

20 no more than 10 percent of the pur21 chase of advertising time purchased 

22 under this section in a fiscal year and 

23 no more than 10 percent of the adver24 tising space purchased under this 

25 section in a fiscal year, if the adver-
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1 tisements respond to emergent and 

2 time-sensitive campaign needs or the 

3 advertisements will not be widely uti4 lized in the media campaign. 

5 ‘‘(C) EVALUATION OF EFFECTIVENESS

6 OF MEDIA CAMPAIGN.—In using 

7 amounts for the evaluation of the ef8 fectiveness of the media campaign 

9 under paragraph (1)(E), the Director 

10 shall—

11 ‘‘(i) designate an independent 

12 entity to evaluate annually the ef13 fectiveness of the media cam14 paign based on data from—

15 ‘‘(I) the ‘Monitoring the 

16 Future Study’ published by 

17 the Department of Health and 

18 Human Services; 

19 ‘‘(II) the Attitude Tracking 

20 Study published by the Part21 nership for a Drug Free Amer22 ica; 

23 ‘‘(III) the National House24 hold Survey on Drug Abuse; 

25 and 
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1 ‘‘(IV) other relevant stud2 ies or publications, as deter3 mined by the Director, includ4 ing tracking and evaluation 

5 data collected according to 

6 marketing and advertising in7 dustry standards; and 

8 ‘‘(ii) ensure that the effective9 ness of the media campaign is 

10 evaluated in a manner that en11 ables consideration of whether 

12 the media campaign has contrib13 uted to reduction of illicit drug 

14 use among youth and such other 

15 measures of evaluation as the Di16 rector determines are appro17 priate.

18 ‘‘(3) PURCHASE OF ADVERTISING TIME

19 AND SPACE.—For each fiscal year, not less 

20 than 77 percent of the amounts appro21 priated under this section shall be used 

22 for the purchase of advertising time and 

23 space for the media campaign, subject to 

24 the following exceptions: 
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1 ‘‘(A) In any fiscal year for which 

2 less than $125,000,000 is appropriated 

3 for the media campaign, not less than 

4 82 percent of the amounts appro5 priated under this section shall be 

6 used for the purchase of advertising 

7 time and space for the media cam8 paign. 

9 ‘‘(B) In any fiscal year for which 

10 more than $195,000,000 is appro11 priated under this section, not less 

12 than 72 percent shall be used for ad13 vertising production costs and the 

14 purchase of advertising time and 

15 space for the media campaign. 

16 ‘‘(c) ADVERTISING.—In carrying out this 

17 section, the Director shall devote sufficient 

18 funds to the advertising portion of the media 

19 campaign to meet the goals of the media cam20 paign. 

21 ‘‘(d) PROHIBITIONS.—None of the amounts 

22 made available under subsection (b) may be 

23 obligated or expended for any of the fol24 lowing: 
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1 ‘‘(1) To supplant current antidrug 

2 community-based coalitions. 

3 ‘‘(2) To supplant pro bono public serv4 ice time donated by national and local 

5 broadcasting networks for other public 

6 service campaigns. 

7 ‘‘(3) For partisan political purposes, 

8 or express advocacy in support of or to 

9 defeat any clearly identified candidate, 

10 clearly identified ballot initiative, or 

11 clearly identified legislative or regulatory 

12 proposal. 

13 ‘‘(4) To fund advertising that features 

14 any elected officials, persons seeking 

15 elected office, cabinet level officials, or 

16 other Federal officials employed pursu17 ant to section 213 of Schedule C of title 5, 

18 Code of Federal Regulations. 

19 ‘‘(5) To fund advertising that does not 

20 contain a primary message intended to 

21 reduce or prevent illicit drug use. 

22 ‘‘(6) To fund advertising containing a 

23 primary message intended to promote 

24 support for the media campaign or pri-
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1 vate sector contributions to the media 

2 campaign. 

3 ‘‘(e) MATCHING REQUIREMENT.—

4 ‘‘(1) IN GENERAL.—Amounts made 

5 available under subsection (b) shall be 

6 matched by an equal amount of non-Fed7 eral funds for the media campaign, or be 

8 matched with in-kind contributions of 

9 the same value. 

10 ‘‘(2) NO-COST MATCH ADVERTISING DI11 RECT RELATIONSHIP REQUIREMENT.—The Di12 rector shall ensure that at least 70 per13 cent of no-cost match advertising pro14 vided directly relates to substance abuse 

15 prevention consistent with the specific 

16 purposes of the media campaign, except 

17 that in any fiscal year in which less than 

18 $125,000,000 is appropriated to the media 

19 campaign, the Director shall ensure that 

20 at least 85 percent of no-cost match ad21 vertising directly relates to substance 

22 abuse prevention consistent with the spe23 cific purposes of the media campaign. 

24 ‘‘(3) NO-COST MATCH ADVERTISING NOT

25 DIRECTLY RELATED.—The Director shall 
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1 ensure that no-cost match advertising 

2 that does not directly relate to substance 

3 abuse prevention includes a clear anti4 drug message. Such message is not re5 quired to be the primary message of the 

6 match advertising. 

7 ‘‘(f) FINANCIAL AND PERFORMANCE ACCOUNT8 ABILITY.—The Director shall cause to be per9 formed—

10 ‘‘(1) audits and reviews of costs of the 

11 media campaign pursuant to section 304C 

12 of the Federal Property and Administra13 tive Services Act of 1949 (41 U.S.C. 254d); 

14 and 

15 ‘‘(2) an audit of the cost of the media 

16 campaign described in section 306 of 

17 such Act (41 U.S.C. 256). 

18 ‘‘(g) STRATEGIC GUIDANCE AND DONA19 TIONS.—The Partnership for a Drug Free 

20 America shall serve as the primary outside 

21 strategic advisor to the media campaign and 

22 be responsible for coordinating donations of 

23 creative and other services to the campaign, 

24 except with respect to advertising created 

25 using funds permitted in subsection (b). The 
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1 Director shall inform the Partnership for a 

2 Drug Free America of the strategic goals of 

3 the campaign and consider advice from the 

4 Partnership for a Drug Free America on 

5 media campaign strategy. 

6 ‘‘(h) REPORT TO CONGRESS.—The Director 

7 shall submit on an annual basis a report to 

8 Congress that describes—

9 ‘‘(1) the strategy of the media cam10 paign and whether specific objectives of 

11 the media campaign were accomplished; 

12 ‘‘(2) steps taken to ensure that the 

13 media campaign operates in an effective 

14 and efficient manner consistent with the 

15 overall strategy and focus of the media 

16 campaign; 

17 ‘‘(3) plans to purchase advertising 

18 time and space; 

19 ‘‘(4) policies and practices imple20 mented to ensure that Federal funds are 

21 used responsibly to purchase advertising 

22 time and space and eliminate the poten23 tial for waste, fraud, and abuse; and 

24 ‘‘(5) all contracts entered into with a 

25 corporation, partnership, or individual 
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1 working on behalf of the media cam2 paign. 

3 ‘‘(i) LOCAL TARGET REQUIREMENT.—The Di4 rector shall, to the maximum extent feasible, 

5 use amounts made available under this sec6 tion for media that focuses on, or includes 

7 specific information on, prevention or treat8 ment resources for consumers within specific 

9 local areas. 

10 ‘‘(j) PREVENTION OF MARIJUANA USE.—

11 ‘‘(1) FINDINGS.—The Congress finds 

12 the following: 

13 ‘‘(A) 60 percent of adolescent ad14 missions for drug treatment are 

15 based on marijuana use. 

16 ‘‘(B) Potency levels of contem17 porary marijuana, particularly 

18 hydroponically grown marijuana, are 

19 significantly higher than in the past, 

20 rising from under 1 percent of THC in 

21 the mid-1970s to as high as 30 percent 

22 today. 

23 ‘‘(C) Contemporary research has 

24 demonstrated that youths smoking 

25 marijuana early in life may be up to 
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1 five times more likely to use hard 

2 drugs. 

3 ‘‘(D) Contemporary research has 

4 demonstrated clear detrimental ef5 fects in adolescent educational 

6 achievement resulting from mari7 juana use. 

8 ‘‘(E) Contemporary research has 

9 demonstrated clear detrimental ef10 fects in adolescent brain development 

11 resulting from marijuana use. 

12 ‘‘(F) An estimated 9,000,000 Ameri13 cans per year drive while under the 

14 influence of illegal drugs, including 

15 marijuana. 

16 ‘‘(G) Marijuana smoke contains 50 

17 to 70 percent more of certain cancer 

18 causing chemicals than tobacco 

19 smoke. 

20 ‘‘(H) Teens who use marijuana are 

21 up to four times more likely to have a 

22 teen pregnancy than teens who have 

23 not. 

24 ‘‘(I) Federal law enforcement 

25 agencies have identified clear links 
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1 suggesting that trade in hydroponic 

2 marijuana facilitates trade by crimi3 nal organizations in hard drugs, in4 cluding heroin. 

5 ‘‘(J) Federal law enforcement 

6 agencies have identified possible 

7 links between trade in marijuana and 

8 financing for terrorist organizations. 

9 ‘‘(2) EMPHASIS ON PREVENTION OF

10 YOUTH MARIJUANA USE.—In conducting ad11 vertising and activities otherwise author12 ized under this section, the Director may 

13 emphasize prevention of youth marijuana 

14 use. 

15 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—

16 There is authorized to be appropriated to the 

17 Office to carry out this section, $195,000,000 

18 for each of fiscal years 2004 and 2005 and 

19 $210,000,000 for each of fiscal years 2006 

20 through 2008.’’. 

21 (b) REPEAL OF SUPERSEDED PROVISIONS.—

22 The Drug-Free Media Campaign Act of 1998 

23 (21 U.S.C. 1801 et seq.) is repealed. 

24 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

25 Section 714 (21 U.S.C. 1711) is amended—
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1 (1) by striking ‘‘title,’’ and inserting 

2 ‘‘title, except activities for which amounts 

3 are otherwise specifically authorized by 

4 this title,’’; and 

5 (2) by striking ‘‘1999 through 2003’’

6 and inserting ‘‘2004 through 2008’’. 

7 SEC. 12. EXTENSION OF TERMINATION DATE. 

8 Section 715(a) is amended by striking 

9 ‘‘September 30, 2003, this title and the amend10 ments made by this title are repealed’’ and in11 serting ‘‘September 30, 2008, this title is re12 pealed’’. 
Union Calendar No. 114

108TH CONGRESS 

1ST SESSION H. R. 2086

[Report No. 108–167, Parts I and II] 

A BILL

To reauthorize the Office of National Drug Control 

Policy. 

JULY 14, 2003

Reported from the Committee on the Judiciary with an 

amendment 

JULY 14, 2003

Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence discharged; committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed