I 

108TH CONGRESS 

1ST SESSION H. R. 2086

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 

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 

6 ‘‘Office of National Drug Control Policy Reauthorization 

7 Act of 2003’’. 

8 (b) AMENDMENT OF OFFICE OF NATIONAL DRUG

9 CONTROL POLICY REAUTHORIZATION ACT OF 1998.—Ex10 cept as otherwise expressly provided, whenever in this Act 
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1 an amendment or repeal is expressed in terms of an 

2 amendment to, or repeal of, a section or other provision, 

3 the reference shall be considered to be made to a section 

4 or other provision of the Office of National Drug Control 

5 Policy Reauthorization Act of 1998 (Public Law 105–277; 

6 21 U.S.C. 1701 et seq.). 

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

8 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 Anti-Drug Media Campaign. 

Sec. 11. Authorization of appropriations. 

Sec. 12. Extension of termination date.

9 SEC. 2. AMENDMENTS TO DEFINITIONS. 

10 (a) AMENDMENTS TO DEFINITIONS.—Section 702 is 

11 amended—

12 (1) in paragraph (1)—

13 (A) by striking ‘‘and’’ at the end of sub14 paragraph (F); 

15 (B) by striking the period at the end of 

16 subparagraph (G); and 

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

18 ‘‘(H) interventions for drug abuse and de19 pendence; and 
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1 ‘‘(I) international drug control coordina2 tion and cooperation with respect to activities 

3 described in this paragraph.’’. 

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

5 and inserting ‘‘indicates’’; 

6 (3) in paragraph (10)—

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (B); 

9 (B) by striking the period at the end of 

10 subparagraph (C) and inserting ‘‘; and’’; and 

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

12 ‘‘(D) domestic drug law enforcement, in13 cluding law enforcement directed at drug 

14 users.’’; and 

15 (4) in paragraph (11)—

16 (A) by inserting before the semicolon in 

17 subparagraph (A) the following: ‘‘(including 

18 source country programs, and law enforcement 

19 outside the United States)’’; 

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

21 in subparagraph (B); 

22 (C) by striking ‘‘; and’’ at the end of sub23 paragraph (C) and inserting a period; and 

24 (D) by striking subparagraph (D). 
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1 (b) CONFORMING AMENDMENTS.—Section 703(b)(3) 

2 is amended—

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

4 inserting ‘‘(H)’’; and 

5 (2) in subparagraph (C)—

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

7 and 

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

9 section 702(11)’’. 

10 SEC. 3. AMENDMENTS RELATING TO APPOINTMENT AND 

11 DUTIES OF DIRECTOR AND DEPUTY DIREC12 TORS. 

13 (a) DESIGNATION OF OTHER OFFICERS.—Section 

14 704(a)(3) is amended—

15 (1) by striking ‘‘permanent employee’’ and in16 serting ‘‘officer or employee’’; and 

17 (2) by striking ‘‘serve as the Director’’ and in18 serting ‘‘serve as the acting Director’’. 

19 (b) RESPONSIBILITIES OF DIRECTOR.—Section 

20 704(b) is amended—

21 (1) in paragraph (4), by striking ‘‘Federal de22 partments and agencies engaged in drug enforce23 ment,’’ and inserting ‘‘National Drug Control Pro24 gram agencies,’’; 
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1 (2) by inserting ‘‘and’’ at the end of paragraph 

2 (12); 

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

4 (4) by redesignating paragraph (15) as para5 graph (13). 

6 (c) REVIEW AND CERTIFICATION OF NATIONAL

7 DRUG CONTROL PROGRAM BUDGET.—Section 704(c)(3) 

8 is amended—

9 (1) by redesignating subparagraphs (C) and 

10 (D) as subparagraphs (D) and (E), respectively; 

11 (2) by inserting after subparagraph (B) the fol12 lowing new subparagraph: 

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

14 shall not confirm the adequacy of any budget 

15 request that—

16 ‘‘(i) requests funding for Federal law 

17 enforcement activities that do not ade18 quately compensate for transfers of drug 

19 enforcement resources and personnel to 

20 law enforcement and investigation activi21 ties not related to drug enforcement as de22 termined by the Director;

23 ‘‘(ii) requests funding for law enforce24 ment activities on the borders of the 

25 United States that do not adequately di-
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1 rect resources to drug interdiction and en2 forcement as determined by the Director; 

3 ‘‘(iii) requests funding for drug treat4 ment activities that do not provide ade5 quate result and accountability measures 

6 as determined by the Director; 

7 ‘‘(iv) requests funding for any activi8 ties of the Safe and Drug Free Schools 

9 Program that do not include a clear anti10 drug message; or 

11 ‘‘(v) requests funding to enforce sec12 tion 484(r)(1) of the Higher Education 

13 Act of 1965 (20 U.S.C. 1091(r)(1)) with 

14 respect to convictions for drug-related of15 fenses not occurring during a period of en16 rollment for which the student was receiv17 ing any Federal grant, loan, or work as18 sistance.’’; 

19 (3) in subparagraph (D), as so redesignated, by 

20 inserting ‘‘and the authorizing Committees for the 

21 Office’’ after ‘‘House of Representatives’’; and 

22 (4) in subparagraph (E)(ii)(bb), as so redesig23 nated, by inserting ‘‘and the authorizing Committees 

24 for the Office’’ after ‘‘House of Representatives’’. 
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1 (d) REPROGRAMMING AND TRANSFER REQUESTS.—

2 Section 794(c)(4)(A) is amended by striking 

3 ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. 

4 (e) POWERS OF DIRECTOR.—Section 704(d) is 

5 amended—

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

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

8 by law;’’; 

9 (2) in paragraph (9)—

10 (A) by inserting ‘‘notwithstanding any 

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

12 (B) by striking ‘‘Strategy; and’’ and insert13 ing ‘‘Strategy and notify the authorizing com14 mittees of the Congress for the Office of any 

15 fund control notice issued;’’

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

17 2291j).’’ and inserting ‘‘(22 U.S.C. 2291j) and sec18 tion 706 of the Department of State Authorization 

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

20 (4) by adding at the end the following new 

21 paragraphs: 

22 ‘‘(11) not later than August 1 of each year, 

23 submit to the President a report, and transmit cop24 ies of the report to the Secretary of State and the 
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1 authorizing committees of the Congress for the Of2 fice, that—

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

4 which countries are major drug transit coun5 tries or major illicit drug producing countries as 

6 defined in section 481(e) of the Foreign Assist7 ance Act of 1961; 

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

9 whether each country identified under subpara10 graph (A) has cooperated fully with the United 

11 States or has taken adequate steps on its own 

12 to achieve full compliance with the goals and 

13 objectives established by the United Nations 

14 Convention Against Illicit Traffic in Narcotic 

15 Drugs and Psychotropic Substances and other16 wise has assisted in reducing the supply of il17 licit drugs to the United States; and 

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

19 whether application of procedures set forth in 

20 section 490(a) through (h) of the Foreign As21 sistance Act of 1961, as provided in section 706 

22 of the Department of State Authorization Act 

23 for Fiscal Year 2003, is warranted with respect 

24 to countries the Director assesses have not co25 operated fully; and 
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1 ‘‘(12) appoint a United States Interdiction Co2 ordinator under subsection (i).’’.

3 (f) UNITED STATES INTERDICTION COORDINATOR.—

4 Section 704 (21 U.S.C. 1703) is further amended by add5 ing at the end the following: 

6 ‘‘(i) UNITED STATES INTERDICTION COORDI7 NATOR.—

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

9 a United States Interdiction Coordinator, who shall 

10 be appointed by the Director and shall perform du11 ties determined by the Director with respect to co12 ordination of efforts to interdict illicit drugs from 

13 the United States. 

14 ‘‘(2) APPOINTMENT.—

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

16 other provision of law (except subparagraph 

17 (B)), the Director may appoint any individual 

18 to serve as the United States Interdiction Coor19 dinator. 

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

21 appoint to such position any individual who 

22 concurrently serves as the head of any other 

23 Federal department or agency or any subdivi24 sion thereof with responsibility for narcotics 

25 interdiction activities, except the counter-
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1 narcotics officer of the Department of Home2 land Security appointed under section 878 of 

3 the Homeland Security Act of 2002 (6 U.S.C. 

4 458).’’. 

5 SEC. 4. AMENDMENTS RELATING TO COORDINATION WITH 

6 OTHER AGENCIES. 

7 Section 705 is amended—

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

9 ‘‘abuse’’; 

10 (2) by amending paragraph (3) of subsection 

11 (a) to read as follows: 

12 ‘‘(3) REQUIRED REPORTS.—

13 ‘‘(A) The Secretaries of Agriculture and 

14 Interior shall, by July 1 of each year, jointly 

15 submit to the Director and the authorizing 

16 Committees for the Office an assessment of the 

17 quantity of illegal drug cultivation and manu18 facturing in the United States on lands owned 

19 or under the jurisdiction of the Federal Govern20 ment for the preceding year. 

21 ‘‘(B) The Attorney General shall, by July 

22 1 of each year, submit to the Director and the

23 authorizing Committees for the Office informa24 tion for the preceding year regarding the num25 ber and type of—
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1 ‘‘(i) arrests for drug violations; 

2 ‘‘(ii) prosecutions for drug violations 

3 by United States Attorneys; and 

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

5 of drugs by each component of the Depart6 ment seizing drugs, as well as statistical 

7 information on the geographic areas of 

8 such seizures. 

9 ‘‘(C) The Secretary of Homeland Security 

10 shall, by July 1 of each year, submit to the Di11 rector and the authorizing Committees for the 

12 Office information for the preceding year re13 garding—

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

15 of drugs by each component of the Depart16 ment seizing drugs, as well as statistical 

17 information on the geographic areas of 

18 such seizures; and 

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

20 patrol hours undertaken by each compo21 nent of the Department primarily dedi22 cated to drug supply reduction missions. 

23 ‘‘(D) The Secretary of Defense shall, by 

24 July 1 of each year, submit to the Director and 

25 the authorizing Committees for the Office infor-
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1 mation for the preceding year regarding the 

2 number of air and maritime patrol hours pri3 marily dedicated to drug supply reduction mis4 sions undertaken by each component of the De5 partment of Defense.’’; and 

6 (3) in subsection (b)(2)(B), by striking ‘‘Pro7 gram.’’ and inserting ‘‘Strategy.’’

8 SEC. 5. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

9 AND ASSESSMENT OF NATIONAL DRUG CON10 TROL STRATEGY. 

11 Section 706 is amended to read as follows: 

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

13 AND ASSESSMENT OF NATIONAL DRUG CON14 TROL STRATEGY. 

15 ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR DEVEL16 OPMENT AND SUBMISSION OF NATIONAL DRUG CONTROL

17 STRATEGY.—

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

19 of each year, the President shall submit to Congress 

20 a National Drug Control Strategy, which shall set 

21 forth a comprehensive plan for reducing illicit drug 

22 use and the consequences of illicit drug use in the 

23 United States by reducing the demand for illegal 

24 drugs, limiting the availability of illegal drugs, and 
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1 conducting law enforcement activities with respect to 

2 illegal drugs. 

3 ‘‘(2) CONTENTS.— 

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

5 Control Strategy submitted under paragraph 

6 (1) shall include—

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

8 long-range, quantifiable, goals for reducing 

9 illicit drug use and the consequences of il10 licit drug use in the United States; 

11 ‘‘(ii) annual objectives and strategy 

12 for demand reduction, supply reduction, 

13 and law enforcement activities, specific tar14 gets to accomplish long-range quantifiable 

15 reduction in illicit drug use as determined 

16 by the Director, and specific measurements 

17 to evaluate progress toward the targets 

18 and strategic goals; 

19 ‘‘(iii) a strategy to reduce the avail20 ability and purity of illegal drugs and the 

21 level of drug-related crime in the United 

22 States; 

23 ‘‘(iv) an assessment of Federal effec24 tiveness in achieving the National Drug 
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1 Control Strategy for the previous year, in2 cluding—

3 ‘‘(I) a specific evaluation of 

4 whether the objectives and targets for 

5 reducing illicit drug use for the pre6 vious year were met and reasons for 

7 the success or failure of the previous 

8 year’s Strategy; and 

9 ‘‘(II) an assessment of the avail10 ability and purity of illegal drugs and 

11 the level of drug-related crime in the 

12 United States; 

13 ‘‘(v) notification of any program or 

14 budget priorities that the Director expects 

15 to significantly change from the current 

16 Strategy over the next five years; 

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

18 local, and private sector drug control ac19 tivities to ensure that the United States 

20 pursues well-coordinated and effective drug 

21 control at all levels of government; 

22 ‘‘(vii) such statistical data and infor23 mation as the Director deems appropriate 

24 to demonstrate and assess trends relating 

25 to illicit drug use, the effects and con-
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1 sequences thereof, supply reduction, de2 mand reduction, drug-related law enforce3 ment, and the implementation of the Na4 tional Drug Control Strategy; and 

5 ‘‘(viii) a supplement reviewing the ac6 tivities of each individual National Drug 

7 Control Program agency during the pre8 vious year with respect to the National 

9 Drug Control Strategy and the Director’s 

10 assessment of the progress of each Na11 tional Drug Control Program agency in 

12 meeting its responsibilities under the Na13 tional Drug Control Strategy. 

14 ‘‘(B) CLASSIFIED INFORMATION.—Any 

15 contents of the National Drug Control Strategy 

16 that involve information properly classified 

17 under criteria established by an Executive order 

18 shall be presented to Congress separately from 

19 the rest of the National Drug Control Strategy. 

20 ‘‘(C) SELECTION OF DATA AND INFORMA21 TION.—In selecting data and information for 

22 inclusion under subparagraph (A), the Director 

23 shall ensure—

24 ‘‘(i) the inclusion of data and informa25 tion that will permit analysis of current 
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1 trends against previously compiled data 

2 and information where the Director be3 lieves such analysis enhances long-term as4 sessment of the National Drug Control 

5 Strategy; and 

6 ‘‘(ii) the inclusion of data and infor7 mation to permit a standardized and uni8 form assessment of the effectiveness of 

9 drug treatment programs in the United 

10 States. 

11 ‘‘(3) PROCESS FOR DEVELOPMENT AND SUB12 MISSION.—

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

14 effectively implementing the National Drug 

15 Control Strategy, the Director—

16 ‘‘(i) shall consult with—

17 ‘‘(I) the heads of the National 

18 Drug Control Program agencies; 

19 ‘‘(II) Congress; 

20 ‘‘(III) State and local officials; 

21 ‘‘(IV) private citizens and organi22 zations with experience and expertise 

23 in demand reduction; 
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1 ‘‘(V) private citizens and organi2 zations with experience and expertise 

3 in supply reduction; 

4 ‘‘(VI) private citizens and organi5 zations with experience and expertise 

6 in law enforcement; and 

7 ‘‘(VII) appropriate representa8 tives of foreign governments; 

9 ‘‘(ii) with the concurrence of the At10 torney General, may require the El Paso 

11 Intelligence Center to undertake specific 

12 tasks or projects to implement the Na13 tional Drug Control Strategy; 

14 ‘‘(iii) with the concurrence of the Di15 rector of Central Intelligence and the At16 torney General, may request that the Na17 tional Drug Intelligence Center undertake 

18 specific tasks or projects to implement the 

19 National Drug Control Strategy; and 

20 ‘‘(iv) may make recommendations to 

21 the Secretary of Health and Human Serv22 ices on research that supports or advances 

23 the National Drug Control Strategy. 

24 ‘‘(B) RECOMMENDATIONS.—Recommenda25 tions under subparagraph (A)(iv) may include 
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1 recommendations of research to be performed 

2 at the National Institutes of Health, including 

3 the National Institute on Drug Abuse, or any 

4 other appropriate agency within the Depart5 ment of Health and Human Services. 

6 ‘‘(C) INCLUSION IN STRATEGY.—The Na7 tional Drug Control Strategy under this sub8 section shall include a list of each entity con9 sulted under subparagraph (A)(i). 

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

11 President may submit to Congress a revised Na12 tional Drug Control Strategy that meets the require13 ments of this section—

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

15 the President, in consultation with the Director, 

16 that the National Drug Control Strategy in ef17 fect is not sufficiently effective; or 

18 ‘‘(B) if a new President or Director takes 

19 office. 

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

21 later than February 1 of each year, the Director shall sub22 mit to Congress a description of the national drug control 

23 performance measurement system, designed in consulta24 tion with affected National Drug Control Program agen25 cies, that includes performance measures for the National 
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1 Drug Control Strategy and activities of National Drug 

2 Control Program agencies related to the National Drug 

3 Control Strategy.’’. 

4 SEC. 6. HIGH INTENSITY DRUG TRAFFICKING AREAS PRO5 GRAM. 

6 Section 707 is amended to read as follows: 

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

8 PROGRAM. 

9 ‘‘(a) ESTABLISHMENT.—There is established in the 

10 Office a program to be known as the High Intensity Drug 

11 Trafficking Areas Program (in this section referred to as 

12 the ‘‘Program’’). 

13 ‘‘(b) DESIGNATION.—The Director, upon consulta14 tion with the Attorney General, the Secretary of the 

15 Treasury, the Secretary of Homeland Security, heads of 

16 the National Drug Control Program agencies, and the 

17 Governor of each applicable State, may designate any 

18 specified area of the United States as a high intensity 

19 drug trafficking area. 

20 ‘‘(c) FACTORS FOR CONSIDERATION.—(1) In consid21 ering whether to designate an area under this section as 

22 a high intensity drug trafficking area, the Director shall 

23 consider, in addition to such other criteria as the Director 

24 considers to be appropriate, the extent to which—
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1 ‘‘(A) the area is a major center of illegal drug 

2 production, manufacturing, importation, or distribu3 tion for the United States and as compared to other 

4 areas of the United States; 

5 ‘‘(B) State and local law enforcement agencies 

6 have committed resources to respond to the drug 

7 trafficking problem in the area, thereby indicating a 

8 determination to respond aggressively to the prob9 lem; 

10 ‘‘(C) drug-related production, manufacturing, 

11 importation, or distribution in the area is having a 

12 significant harmful impact in other areas of the 

13 United States; and 

14 ‘‘(D) a significant increase in allocation of Fed15 eral resources is necessary to respond adequately to 

16 drug-related activities in the area. 

17 ‘‘(2) For purposes of paragraph (1)(A), in consid18 ering whether an area is a major center of illegal drug 

19 production, manufacturing, importation, or distribution as 

20 compared to other areas of the United States, the Director 

21 shall consider—

22 ‘‘(A) the quantity of illicit drug traffic entering 

23 or transiting the area originating in foreign coun24 tries;
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1 ‘‘(B) the quantity of illicit drugs produced in 

2 the area; 

3 ‘‘(C) the number of Federal, State, and local 

4 arrests, prosecutions, and convictions for drug traf5 ficking and distribution offenses in the area; 

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

7 for the activities of national drug trafficking organi8 zations; and 

9 ‘‘(E) such other criteria as the Director con10 siders appropriate. 

11 ‘‘(d) SOUTHWEST BORDER.—The Director may not 

12 designate any county contiguous to the international land 

13 border with Mexico as part of any high intensity drug traf14 ficking area other than a single Southwest Border high 

15 intensity drug trafficking area. 

16 ‘‘(e) REMOVAL FROM DESIGNATION.—The Director 

17 may remove an area or portion of an area from designa18 tion as a high intensity drug trafficking area under this 

19 section upon determination that the area or portion of an 

20 area no longer is a high intensity drug trafficking area, 

21 considering the factors in subsections (c) and (d) in addi22 tion to such other criteria as the Director considers to be 

23 appropriate. 

24 ‘‘(f) REVIEW OF CURRENT AREAS.—Within one year 

25 from the date of enactment, the Director shall review each 
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1 current high intensity drug trafficking area to determine 

2 whether it continues to warrant designation as a high in3 tensity drug trafficking area, considering the factors in 

4 subsection (c) in addition to such other criteria as the Di5 rector considers to be appropriate. The Director shall re6 move from designation any high intensity drug trafficking 

7 area or portion of any high intensity drug trafficking area 

8 determined to no longer warrant designation. 

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

10 such a designation and in order to provide Federal assist11 ance to the area so designated, the Director may—

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

13 Program, in accordance with subsection (h); 

14 ‘‘(2) direct the temporary reassignment of Fed15 eral personnel to such area, subject to the approval 

16 of the head of the department or agency that em17 ploys such personnel; and 

18 ‘‘(3) take any other action authorized under 

19 section 704 to provide increased Federal assistance 

20 to those areas. 

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

22 appropriated for the Program—

23 ‘‘(1) The Director shall expend no less than 30 

24 percent of the amounts appropriated under this sec25 tion in the seven high intensity drug trafficking 
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1 areas (excluding the Southwest Border high inten2 sity drug trafficking area) the Director determines 

3 to have the greatest impact on reducing overall drug 

4 traffic in the United States. 

5 ‘‘(2) The Director shall expend no less than 25 

6 percent of the amounts appropriated under this sec7 tion in the nine high intensity drug trafficking areas 

8 (excluding the Southwest Border high intensity drug 

9 trafficking area) the Director determines to have the 

10 next greatest impact on reducing overall drug traffic 

11 in the United States; 

12 ‘‘(3) The Director shall expend no less than 20 

13 percent of the amounts appropriated under this sec14 tion in the Southwest Border high intensity drug 

15 trafficking area. The executive committee of the 

16 Southwest Border high intensity drug trafficking 

17 area may reallocate up to five percent of the total 

18 funds allocated to that area among its components, 

19 with the approval of the Director. 

20 ‘‘(4) The Director shall expend no less than 10 

21 percent of the amounts appropriated under this sec22 tion in the remaining high intensity drug trafficking 

23 areas. 

24 ‘‘(5) In addition to the amounts allocated under 

25 paragraphs (1) through (4) of this subsection, the 
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1 Director may expend 15 percent of the amounts ap2 propriated under this section on a discretionary 

3 basis. In allocating funds under this paragraph, the 

4 Director shall consider the impact of activities fund5 ed on reducing overall drug traffic in the United 

6 States. 

7 ‘‘(i) USE OF FUNDS.—

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

9 the Program shall be expended for drug prevention 

10 or drug treatment programs. 

11 ‘‘(2) LIMITATION ON APPLICABILITY.—Para12 graph (1) shall not apply with respect to the Balti13 more/Washington high intensity drug trafficking 

14 area. 

15 ‘‘(j) TERRORISM ACTIVITIES.—The Director may au16 thorize high intensity drug trafficking areas to assist Fed17 eral, State, and local law enforcement agencies in inves18 tigations and activities related to terrorism and prevention 

19 of terrorism, especially but not exclusively where such in20 vestigations are related to drug trafficking. The Director 

21 shall ensure that assistance to such investigations remains 

22 incidental to the mission of high intensity drug trafficking 

23 areas to reduce drug availability and carry out drug-re24 lated law enforcement activities and that significant re25 sources of the high intensity drug trafficking areas pro-
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1 gram are not redirected to activities exclusively related to 

2 terrorism. 

3 ‘‘(k) BOARD REPRESENTATION.—None of the funds 

4 appropriated under this section may be expended in any 

5 high intensity drug trafficking area or for a partnership 

6 under the Program in which the executive board or equiva7 lent governing committee is not comprised of equal voting 

8 representation between representatives of Federal law en9 forcement agencies and representatives of State and local 

10 law enforcement agencies. 

11 ‘‘(l) ROLE OF DRUG ENFORCEMENT ADMINISTRA12 TION.—The Director in consultation with the Attorney 

13 General shall ensure that a representative of the Drug En14 forcement Administration is included in the Intelligence 

15 Support Center of each high intensity drug trafficking 

16 area. 

17 ‘‘(m) MARIJUANA ENFORCEMENT.—The Director 

18 may direct the reallocation of up to 5 percent of funds 

19 available for a fiscal year for the Program, from State and 

20 local law enforcement agencies to Federal law enforcement 

21 agencies to assist in enforcement of Federal law in high 

22 intensity drug trafficking areas containing States where 

23 State law permits the use of marijuana in a manner incon24 sistent with the Controlled Substances Act.
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1 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to the Office of National 

3 Drug Control Policy to carry out this section, 

4 $230,000,000 for fiscal year 2004, $240,000,000 for fis5 cal years 2005 and 2006, and $250,000,000 for fiscal 

6 years 2007 and 2008. 

7 SEC. 7. FUNDING FOR CERTAIN HIGH INTENSITY DRUG 

8 TRAFFICKING AREAS. 

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

10 ‘‘Dawson Family Community Protection Act’’. 

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

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

13 2002, the home of Carnell and Angela Dawson was 

14 firebombed in apparent retaliation for Mrs. 

15 Dawson’s notification of police about persistent drug 

16 distribution activity in their East Baltimore City 

17 neighborhood. 

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

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

20 (3) The horrific murder of the Dawson family 

21 is a stark example of domestic narco-terrorism. 

22 (4) In all phases of counter-narcotics law en23 forcement—from prevention to investigation to pros24 ecution to reentry—the voluntary cooperation of or25 dinary citizens is a critical component. 
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1 (5) Voluntary cooperation is difficult for law en2 forcement officials to obtain when citizens feel that 

3 cooperation carries the risk of violent retaliation by 

4 illegal drug trafficking organizations and their affili5 ates. 

6 (6) Public confidence that law enforcement is 

7 doing all it can to make communities safe is a pre8 requisite for voluntary cooperation among people 

9 who may be subject to intimidation or reprisal (or 

10 both). 

11 (7) Witness protection programs are insufficient 

12 on their own to provide security because many indi13 viduals and families who strive every day to make 

14 distressed neighborhoods livable for their children, 

15 other relatives, and neighbors will resist or refuse of16 fers of relocation by local, State, and Federal pros17 ecutorial agencies and because, moreover, the contin18 ued presence of strong individuals and families is 

19 critical to preserving and strengthening the social 

20 fabric in such communities. 

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

22 City) interstate trafficking of illegal drugs has severe 

23 ancillary local consequences within areas designated 

24 as high intensity drug trafficking areas, it is impor25 tant that supplementary High Intensity Drug Traf-
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1 ficking Areas Program funds be committed to sup2 port initiatives aimed at making the affected com3 munities safe for the residents of those communities 

4 and encouraging their cooperation with local, State, 

5 and Federal law enforcement efforts to combat ille6 gal drug trafficking. 

7 (c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG

8 TRAFFICKING AREAS.—Section 707 is further amended in 

9 subsection (i) by adding at the end the following new para10 graph: 

11 ‘‘(3) SPECIFIC PURPOSES.—The Director shall 

12 ensure that, of the amounts appropriated for a fiscal 

13 year for the Program, at least $1,000,000 is used in 

14 high intensity drug trafficking areas with severe 

15 neighborhood safety and illegal drug distribution 

16 problems. The funds shall be used—

17 ‘‘(A) to ensure the safety of neighborhoods 

18 and the protection of communities, including 

19 the prevention of the intimidation of potential 

20 witnesses of illegal drug distribution and related 

21 activities; and 

22 ‘‘(B) to combat illegal drug trafficking 

23 through such methods as the Director considers 

24 appropriate, such as establishing or operating 

25 (or both) a toll-free telephone hotline for use by 
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1 the public to provide information about illegal 

2 drug-related activities.’’. 

3 SEC. 8. AMENDMENTS RELATING TO COUNTER-DRUG TECH4 NOLOGY ASSESSMENT CENTER. 

5 (a) CHIEF SCIENTIST.—Section 708(b) is amended—

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

7 TECHNOLOGY.—’’ and inserting ‘‘CHIEF SCI8 ENTIST.—’’; and 

9 (2) by striking ‘‘Director of Technology,’’ and 

10 inserting ‘‘Chief Scientist,’’. 

11 (b) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.—

12 Section 708(c) is amended to read as follows: 

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

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

16 through the Chief Scientist shall—

17 ‘‘(A) identify and define the short-, me18 dium-, and long-term scientific and techno19 logical needs of Federal, State, and local law 

20 enforcement agencies relating to drug enforce21 ment, including—

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 agen10 cies, 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 

20 addiction and rehabilitation research and 

21 the application of technology to expanding 

22 the effectiveness or availability of drug 

23 treatment; 

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 

2 part of a National Counter-Drug Enforcement 

3 Research 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 

9 to State and local law enforcement agencies; 

10 and 

11 ‘‘(F) pursuant to the authority of the Di12 rector of National Drug Control Policy under 

13 section 704, submit requests to Congress for 

14 the reprogramming or transfer of funds appro15 priated for counter-drug technology research 

16 and development. 

17 ‘‘(2) PRIORITIES IN TRANSFERRING TECH18 NOLOGY.—In transferring technology under the au19 thority of paragraph (1)(E), the Chief Scientist shall 

20 give priority in transferring technologies most likely 

21 to assist in drug interdiction and border enforcement 

22 to State, local, and tribal law enforcement agencies 

23 in southwest border areas and northern border areas 

24 with significant traffic in illicit drugs. 
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1 ‘‘(3) LIMITATION ON AUTHORITY.—The author2 ity granted to the Director under this subsection 

3 shall not extend to the award of contracts, manage4 ment of individual projects, or other operational ac5 tivities. 

6 (c) ASSISTANCE FROM SECRETARY OF HOMELAND

7 SECURITY.—Section 708(d) is amended by inserting ‘‘, 

8 the Secretary of Homeland Security,’’ after ‘‘The Sec9 retary of Defense’’. 

10 SEC. 9. REPEALS. 

11 The following provisions are repealed: 

12 (1) Sections 709, 710, and 711. 

13 (2) Section 6073 of the Asset Forfeiture 

14 Amendments Act of 1988 (21 U.S.C. 1509). 

15 SEC. 10. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN. 

16 (a) IN GENERAL.—The Director of the Office of Na17 tional Drug Control Policy (in this section referred to as 

18 the ‘‘Director’’) shall conduct a national media campaign 

19 in accordance with this section for the purpose of reducing 

20 and preventing illicit drug abuse among young people in 

21 the United States delivered through mass media adver22 tising. 

23 (b) USE OF FUNDS.—
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1 (1) IN GENERAL.—Amounts made available to 

2 carry out this section for the national media cam3 paign may only be used for the following: 

4 (A) The purchase of media time and space. 

5 (B) Creative and talent costs. 

6 (C) Advertising production costs. 

7 (D) Testing and evaluation of advertising. 

8 (E) Evaluation of the effectiveness of the 

9 media campaign. 

10 (F) The negotiated fees for the winning 

11 bidder on requests for proposals issued either 

12 by the Office of National Drug Control Policy 

13 or its designee for purposes otherwise author14 ized in this section. 

15 (G) Partnerships with community, civic, 

16 and professional groups, and government orga17 nizations related to the media campaign. 

18 (H) Entertainment industry outreach, 

19 interactive outreach, media projects and activi20 ties, public information, news media outreach, 

21 and corporate sponsorship and participation. 

22 (I) Operational and management expenses. 

23 (2) SPECIFIC REQUIREMENTS.—

24 (A)(i) In using amounts for creative and 

25 talent costs under paragraph (1)(B), the Direc-
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1 tor shall use creative services donated at no 

2 cost to the Government wherever feasible and 

3 may only procure creative services for adver4 tising—

5 (I) responding to high-priority or 

6 emergent campaign needs that cannot 

7 timely be obtained at no cost; or 

8 (II) intended to reach a minority, eth9 nic, or other special audience that cannot 

10 reasonably be obtained at no cost. 

11 (ii) No more than $1,000,000 may be ex12 pended under this section each fiscal year on 

13 creative services, except that the Director may 

14 expend up to $2,000,000 in a fiscal year on cre15 ative services to meet urgent needs of the cam16 paign with advance approval from the Commit17 tees on appropriations of the House of Rep18 resentatives and the Senate upon a showing of 

19 the circumstances causing such urgent needs of 

20 the campaign. 

21 (B) In using amounts for testing and eval22 uation of advertising under paragraph (1)(D), 

23 the Director shall test all advertisements prior 

24 to use in the national media campaign to en25 sure that the advertisements are effective and
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1 meet industry-accepted standards. The Director 

2 may waive this requirement for advertisements 

3 using no more than 10 percent of the purchase 

4 of advertising time and 10 percent of the pur5 chase of advertising space if the advertisements 

6 respond to emergent and time-sensitive cam7 paign needs or the advertisements will not be 

8 widely utilized in the media campaign. 

9 (C) In using amounts for the evaluation of 

10 the effectiveness of the media campaign under 

11 paragraph (1)(E), the Director shall ensure 

12 that the effectiveness of the media campaign is 

13 evaluated in a manner that enables consider14 ation of whether the media campaign has con15 tributed to reduction of illicit drug use by 

16 youth. 

17 (D) For each fiscal year, no more than a 

18 total of 3 percent of the amounts appropriated 

19 under this section may be used for any costs 

20 permitted under subparagraphs (G) and (H) of 

21 paragraph (1). 

22 (3) LIMITATIONS.—For each fiscal year, not 

23 less than 80 percent of the amounts appropriated 

24 under this section shall be used for the purchase of 
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1 advertising time and space for the media campaign, 

2 subject to the following exceptions: 

3 (A) In any fiscal year for which less than 

4 $125,000,000 is appropriated for the media 

5 campaign, not less than 85 percent of the 

6 amounts appropriated under this section shall 

7 be used for advertising production costs and the 

8 purchase of advertising time and space for the 

9 media campaign. 

10 (B) In any fiscal year for which more than 

11 $195,000,000 is appropriated under this sec12 tion, not less than 75 percent shall be used for 

13 advertising production costs and the purchase 

14 of advertising time and space for the media 

15 campaign. 

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

17 Director shall devote sufficient funds to the advertising 

18 portion of the national media campaign to meet the goals 

19 of the campaign. 

20 (d) PROHIBITIONS.—(1) None of the amounts made 

21 available under subsection (b) may be obligated or ex22 pended for any of the following: 

23 (A) To supplant current antidrug community24 based coalitions. 
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1 (B) To supplant pro bono public service time 

2 donated by national and local broadcasting networks 

3 for other public service campaigns. 

4 (C) For partisan political purposes. 

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

7 level officials, or other Federal officials employed 

8 pursuant to section 213 of Schedule C of title 5, 

9 Code of Federal Regulations, unless the Director 

10 provides advance notice to the Committee on Appro11 priations of the House of Representatives and the 

12 Senate, the Committee on Government Reform and 

13 Oversight of the House of Representatives and the 

14 Committee on the Judiciary of the Senate. 

15 (E) To fund advertising not containing a pri16 mary message intended to reduce or prevent illicit 

17 drug use. 

18 (F) To fund advertising containing a primary 

19 message intended to promote support for the media 

20 campaign or private sector contributions to the 

21 media campaign. 

22 (2) The prohibition in paragraph (1)(C) does not 

23 apply in connection with the Director’s responsibilities 

24 under section 704(b)(12) of the Office of National Drug 

25 Control Policy Reauthorization Act of 1998 (Public Law 
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1 105–277; 21 U.S.C. 1701 et seq.). The preceding sentence 

2 shall not be construed to suggest that the prohibition in 

3 paragraph (1)(C) applied to the Director’s responsibilities 

4 under such section before the date of the enactment of 

5 this section. 

6 (e) MATCHING REQUIREMENT.—(1) Amounts made 

7 available under subsection (b) shall be matched by an 

8 equal amount of non-Federal funds for the national media 

9 campaign, or be matched with in-kind contributions of the 

10 same value. 

11 (2) The Director shall ensure that 70 percent of no12 cost match advertising provided directly relates to sub13 stance abuse prevention consistent with the specific pur14 poses of the media campaign, except that in any fiscal year 

15 in which less than $125,000,000 is appropriated to the 

16 media campaign, the Director shall ensure that 85 percent 

17 of no-cost match advertising directly relates to substance 

18 abuse prevention consistent with the specific purposes of 

19 the media campaign. 

20 (3) The Director shall ensure that no-cost match ad21 vertising that does not directly relate to substance abuse 

22 prevention includes a clear antidrug message. Such mes23 sage is not required to be the primary message of the 

24 match advertising.
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1 (4) Section 317 of the Communications Act of 1934 

2 (47 U.S.C. 317) shall not apply to any advertising uti3 lizing time or space that is purchased or donated at no 

4 cost for the media campaign. 

5 (f) FINANCIAL AND PERFORMANCE ACCOUNT6 ABILITY.—The Director shall cause the audit and review 

7 of costs pursuant to section 304C of the Federal Property 

8 and Administrative Services Act of 1949 and an audit of 

9 the cost described in section 306 of such Act. 

10 (g) STRATEGIC GUIDANCE AND DONATIONS.—The 

11 Partnership for a Drug Free America shall serve as the 

12 primary outside strategic advisor to the campaign and be 

13 responsible for coordinating donations of creative and 

14 other services to the campaign, except with respect to ad15 vertising created using funds permitted in subsection (b). 

16 The Director shall inform the Partnership for a Drug Free 

17 America of the strategic goals of the campaign and con18 sider advice from the Partnership for a Drug Free Amer19 ica on campaign strategy. 

20 (h) REPORT TO CONGRESS.—The Director shall sub21 mit on an annual basis a report to Congress that de22 scribes—

23 (1) the strategy of the national media campaign 

24 and whether specific objectives of the campaign were 

25 accomplished; 
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1 (2) steps taken to ensure that the national 

2 media campaign operates in an effective and effi3 cient manner consistent with the overall strategy 

4 and focus of the campaign; 

5 (3) plans to purchase advertising time and 

6 space; 

7 (4) policies and practices implemented to ensure 

8 that Federal funds are used responsibly to purchase 

9 advertising time and space and eliminate the poten10 tial for waste, fraud, and abuse; and 

11 (5) all contracts entered into with a corpora12 tion, partnership, or individual working on behalf of 

13 the national media campaign. 

14 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Office of National 

16 Drug Control Policy to carry out this section, 

17 $195,000,000 for each of fiscal years 2004 and 2005 and 

18 $210,000,000 for fiscal year 2006 through 2008. 

19 (j) REPEAL OF SUPERSEDED PROVISIONS.—The 

20 Drug-Free Media Campaign Act of 1988 (21 U.S.C. 1801 

21 et seq.; Public Law 105–277; 112 Stat. 2681–752) is re22 pealed. 

23 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

24 Section 714 is amended—
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1 (1) by striking ‘‘title,’’ and inserting ‘‘title ex2 cept activities otherwise specified,’’; and 

3 (2) by striking ‘‘1999 through 2003’’ and in4 serting ‘‘2004 through 2008’’. 

5 SEC. 12. EXTENSION OF TERMINATION DATE. 

6 Section 715(a) is amended by striking ‘‘September 

7 30, 2003, this title and the amendments made by this 

8 title’’ and inserting ‘‘September 30, 2008, this title and 

9 the amendments made to this title’’.

Æ