201 
‘‘(F) The negotiated fees for the winning 
bidder on requests for proposals issued either by 
the Office or its designee to enter into contracts 
to carry out activities authorized by this section. 
‘‘(G) Partnerships with professional and 
civic groups, community-based organizations, in-
cluding faith-based organizations, and govern-
ment organizations related to the national media 
campaign. 
‘‘(H) Entertainment industry outreach, 
interactive outreach, media projects and activi-
ties, public information, news media outreach, 
and corporate sponsorship and participation. 
‘‘(I) Operational and management expenses. 
‘‘(2) SPECIFIC REQUIREMENTS.— 
‘‘(A) CREATIVE SERVICES.— 
‘‘(i) In using amounts for creative and 
talent costs under paragraph (1)(B), the Di-
rector shall use creative services donated at 
no cost to the Government (including cre-
ative services provided by the Partnership 
for a Drug-Free America) wherever feasible 
and may only procure creative services for 
advertising— 
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202 
‘‘(I) responding to high-priority 
or emergent campaign needs that can-
not timely be obtained at no cost; or 
‘‘(II) intended to reach a minor-
ity, ethnic, or other special audience 
that cannot reasonably be obtained at 
no cost; or 
‘‘(III) the Director determines 
that the Partnership for a Drug-Free 
America is unable to provide, pursuant 
to subsection (d)(2)(B). 
‘‘(ii) No more than $1,500,000 may be 
expended under this section each fiscal year 
on creative services, except that the Director 
may expend up to $2,000,000 in a fiscal 
year on creative services to meet urgent 
needs of the national media campaign with 
advance approval from the Committee on 
Appropriations of the House of Representa-
tives and of the Senate upon a showing of 
the circumstances causing such urgent needs 
of the national media campaign. 
‘‘(B) TESTING AND EVALUATION OF ADVER-
TISING.—In using amounts for testing and eval-
uation of advertising under paragraph (1)(D), 
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the Director shall test all advertisements prior to 
use in the national media campaign to ensure 
that the advertisements are effective and meet in-
dustry-accepted standards. The Director may 
waive this requirement for advertisements using 
no more than 10 percent of the purchase of ad-
vertising time purchased under this section in a 
fiscal year and no more than 10 percent of the 
advertising space purchased under this section in 
a fiscal year, if the advertisements respond to 
emergent and time-sensitive campaign needs or 
the advertisements will not be widely utilized in 
the national media campaign. 
‘‘(C) EVALUATION
OF
EFFECTIVENESS
OF 
MEDIA
CAMPAIGN.—In using amounts for the 
evaluation of the effectiveness of the national 
media campaign under paragraph (1)(E), the 
Director shall— 
‘‘(i) designate an independent entity to 
evaluate annually the effectiveness of the na-
tional media campaign based on data 
from— 
‘‘(I) the Monitoring the Future 
Study published by the Department of 
Health and Human Services; 
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204 
‘‘(II) the Attitude Tracking Study 
published by the Partnership for a 
Drug Free America; 
‘‘(III) the National Household 
Survey on Drug Abuse; and 
‘‘(IV) other relevant studies or 
publications, as determined by the Di-
rector, including tracking and evalua-
tion data collected according to mar-
keting and advertising industry stand-
ards; and 
‘‘(ii) ensure that the effectiveness of the 
national media campaign is evaluated in a 
manner that enables consideration of wheth-
er the national media campaign has con-
tributed to reduction of illicit drug use 
among youth and such other measures of 
evaluation as the Director determines are 
appropriate. 
‘‘(3) PURCHASE
OF
ADVERTISING
TIME
AND 
SPACE.—For each fiscal year, not less than 77 percent 
of the amounts appropriated under this section shall 
be used for the purchase of advertising time and space 
for the national media campaign, subject to the fol-
lowing exceptions: 
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‘‘(A) In any fiscal year for which less than 
$125,000,000 is appropriated for the national 
media campaign, not less than 82 percent of the 
amounts appropriated under this section shall be 
used for the purchase of advertising time and 
space for the national media campaign. 
‘‘(B) In any fiscal year for which more 
than $195,000,000 is appropriated under this 
section, not less than 72 percent shall be used for 
advertising production costs and the purchase of 
advertising time and space for the national 
media campaign. 
‘‘(c) ADVERTISING.—In carrying out this section, the 
Director shall ensure that sufficient funds are allocated to 
meet the stated goals of the national media campaign. 
‘‘(d) DIVISION OF RESPONSIBILITIES AND FUNCTIONS 
UNDER THE PROGRAM.— 
‘‘(1) IN GENERAL.—The Director, in consultation 
with the Partnership for a Drug-Free America, shall 
determine the overall purposes and strategy of the na-
tional media campaign. 
‘‘(2) RESPONSIBILITIES.— 
‘‘(A) DIRECTOR.—The Director shall be re-
sponsible for implementing a focused national 
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206 
media campaign to meet the purposes set forth 
in subsection (a), and shall approve— 
‘‘(i) the strategy of the national media 
campaign; 
‘‘(ii) all advertising and promotional 
material used in the national media cam-
paign; and 
‘‘(iii) the plan for the purchase of ad-
vertising time and space for the national 
media campaign. 
‘‘(B) THE PARTNERSHIP FOR A DRUG-FREE 
AMERICA.—The Director shall request that the 
Partnership for a Drug-Free America— 
‘‘(i) develop and recommend strategies 
to achieve the goals of the national media 
campaign, including addressing national 
and local drug threats in specific regions or 
States, such as methamphetamine and ec-
stasy; 
‘‘(ii) create all advertising to be used 
in the national media campaign, except ad-
vertisements that are— 
‘‘(I) provided by other nonprofit 
entities pursuant to subsection (f); 
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