[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2061 Introduced in House (IH)]

  1st Session
                                H. R. 2061

 To make improvements with respect to the Drug-Free Media Campaign Act 
    of 1998 and to authorize such Campaign through fiscal year 2008.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2003

  Mr. Portman (for himself and Mr. Cummings) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To make improvements with respect to the Drug-Free Media Campaign Act 
    of 1998 and to authorize such Campaign through fiscal year 2008.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Youth Anti-Drug Media 
Campaign Reauthorization Act of 2003''.

SEC. 2. GENERAL IMPROVEMENTS TO NATIONAL ANTI-DRUG MEDIA CAMPAIGN AND 
              REAUTHORIZATION.

    The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) 
is amended--
            (1) in section 101, by striking ``Drug-Free Media Campaign 
        Act of 1998'' and inserting ``National Youth Anti-Drug Media 
        Campaign Act'';
            (2) in section 102--
                    (A) in subsection (a), by striking ``national media 
                campaign'' and all that follows through the period and 
                inserting the following: ``national youth anti-drug 
                media campaign (referred to in this subtitle as the 
                `national media campaign') in accordance with this 
                subtitle for the purposes of--
            ``(1) preventing drug abuse among young people in the 
        United States;
            ``(2) increasing awareness of adults of the impact of drug 
        abuse on young people in the United States; and
            ``(3) encouraging parents and other interested adults to 
        discuss with young people the dangers associated with drug 
        use.'';
                    (B) in subsection (b), by striking ``105'' and 
                inserting ``106''; and
                    (C) by adding at the end the following:
    ``(c) 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 national media campaign.
            ``(2) Responsibilities.--
                    ``(A) Director.--The Director shall be responsible 
                for implementing a focused national media campaign to 
                meet the purposes set forth in section 102(a), and 
                shall approve--
                            ``(i) the strategy of the national media 
                        campaign;
                            ``(ii) all advertising used in the national 
                        media campaign; and
                            ``(iii) the plan for the purchase of 
                        advertising 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) recommend strategies to achieve the 
                        goals of the national media campaign that 
                        address national, regional, and local drug 
                        threats;
                            ``(ii) create all advertising to be used in 
                        the national media campaign, except 
                        advertisements that are--
                                    ``(I) provided by other nonprofit 
                                entities pursuant to section 103(c);
                                    ``(II) intended to reach a 
                                minority, ethnic, or other special 
                                audience that cannot be obtained at no 
                                cost (not including production costs 
                                and talent reuse payments); and
                                    ``(III) any other advertisements 
                                that the Partnership for a Drug-Free 
                                America determines it is unable to 
                                provide; and
                            ``(iii) test all advertisements prior to 
                        use in the national media campaign to ensure 
                        that the advertisements are effective and meet 
                        industry-accepted standards.
                    ``(C) Media buying contractor.--The Director shall 
                enter into a contract with a media buying contractor to 
                plan and purchase advertising time and space for the 
                national media campaign.'';
            (3) in section 103--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                inserting ``, including the strategic 
                                planning for, and accounting of, such 
                                purchases'' after ``space'';
                                    (II) in subparagraph (C), by 
                                striking ``out-of-pocket''; and
                                    (III) in subparagraph (F), by 
                                striking ``the Office of National Drug 
                                Control Policy'' and inserting ``either 
                                the Office of National Drug Control 
                                Policy or the designee of the Office''; 
                                and
                            (ii) by striking paragraph (2) and 
                        inserting the following:
            ``(2) Advertising.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in carrying out this subtitle, the 
                Director shall ensure that sufficient funds are 
                allocated to meet the stated goals of the national 
                media campaign.
                    ``(B) Exception.--No funds shall be used for the 
                creative development of advertisements (not including 
out-of-pocket production costs and talent reuse payments) except when--
                            ``(i) the advertisements are intended to 
                        reach a minority, ethnic, or other special 
                        audience that cannot be obtained at no cost 
                        (not including production costs and talent 
                        reuse payments);
                            ``(ii) the Partnership for a Drug-Free 
                        America is unable to provide such 
                        advertisements; and
                            ``(iii) the Director gives prior notice to 
                        the Committtees on Appropriations of the House 
                        of Representatives and the Senate, the 
                        Committee on Government Reform of the House of 
                        Representatives, and the Committee on the 
                        Judiciary of the Senate.'';
                    (B) in subsection (b), by striking ``105'' and 
                inserting ``106'';
                    (C) by striking subsection (c) and inserting the 
                following:
    ``(c) Matching Requirement.--
            ``(1) No cost match.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made available for the 
                national media campaign under section 106 shall be used 
                to require a no cost match of equivalent value of 
                advertising broadcast time and print space or in-kind 
                contributions to the national media campaign prior to 
                the Director executing a contract for the purchase of 
                any advertising time or space for the national media 
                campaign.
                    ``(B) Exception.--The Director shall ensure that 
                all no cost matches of advertising material, time, and 
                space or in-kind contributions provided pursuant to 
                subparagraph (A) directly relate to substance abuse 
                prevention consistent with the specific purposes set 
                forth in section 102(a).
            ``(2) Sponsorship identification.--Any advertising material 
        donated to the national media campaign at no cost shall not be 
        subject to the sponsorship identification provisions in section 
        317 of the Communications Act of 1934 (47 U.S.C. 317).''; and
                    (D) by adding at the end the following:
    ``(d) Responsible Use of Federal Funds.--
            ``(1) In general.--The Director shall ensure that--
                    ``(A) for each fiscal year, not less than 85 
                percent of the amounts appropriated under this subtitle 
                shall be used for the purchase of advertising time and 
                space for the national media campaign; and
                    ``(B) no more than $5,000,000 is used in each 
                fiscal year to develop advertising material pursuant to 
                subsection (a)(2)B)(ii).'';
            (4) by striking section 104 and inserting the following:

``SEC. 104. FINANCIAL AND PERFORMANCE ACCOUNTABILITY.

    ``The Director shall--
            ``(1) carry out (through the Defense Contract Audit Agency 
        or an independent auditor) an examination of records as 
        described in section 304C of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254d) and an 
        audit of the costs described in section 306 of that Act (41 
        U.S.C. 256);
            ``(2) designate an independent entity to evaluate annually 
        the effectiveness of the national media campaign based on prior 
        year data from--
                    ``(A) the `Monitoring the Future Study' published 
                by the Department of Health and Human Services;
                    ``(B) the Attitude Tracking Study published by the 
                Partnership for a Drug Free America;
                    ``(C) the National Household Survey on Drug Abuse; 
                and
                    ``(D) other relevant studies or publications, as 
                determined by the Director, including tracking and 
                evaluation data collected according to marketing and 
                advertising industry standards; and
            ``(3) submit a report to Congress in accordance with 
        section 105, including the evaluation referred to in paragraph 
        (2).'';
            (5) by striking section 105 and inserting the following:

``SEC. 105. REPORT TO CONGRESS.

    ``The Director shall submit on an annual basis a report to Congress 
that describes--
            ``(1) the strategy of the national media campaign and 
        whether specific objectives of the campaign were accomplished;
            ``(2) steps taken to ensure that the national media 
        campaign operates in an effective and efficient manner 
        consistent with the overall strategy and focus of the campaign;
            ``(3) plans to purchase advertising time and space;
            ``(4) policies and practices implemented to ensure that 
        Federal funds are used responsibly to purchase advertising time 
        and space and eliminate the potential for waste, fraud, and 
        abuse; and
            ``(5) all contracts entered into with a corporation, 
        partnership, or individual working on behalf of the national 
        media campaign.''; and
            (6) by adding at the end the following:

``SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Office of National 
Drug Control Policy to carry out this subtitle, $195,000,000 for each 
of the fiscal years 2004 through 2008.''.
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