[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2086 Introduced in House (IH)]







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.

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

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Office of National 
Drug Control Policy Reauthorization Act of 2003''.
    (b) Amendment of Office of National Drug Control Policy 
Reauthorization Act of 1998.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Office of National Drug Control Policy Reauthorization Act of 1998 
(Public Law 105-277; 21 U.S.C. 1701 et seq.).
    (c) Table of Contents.--The table of contents 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 Anti-Drug Media Campaign.
Sec. 11. Authorization of appropriations.
Sec. 12. Extension of termination date.

SEC. 2. AMENDMENTS TO DEFINITIONS.

    (a) Amendments to Definitions.--Section 702 is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (F);
                    (B) by striking the period at the end of 
                subparagraph (G); and
                    (C) by adding at the end the following:
                    ``(H) interventions for drug abuse and dependence; 
                and
                    ``(I) international drug control coordination and 
                cooperation with respect to activities described in 
                this paragraph.''.
            (2) in paragraph (9), by striking ``implicates'' and 
        inserting ``indicates'';
            (3) in paragraph (10)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) domestic drug law enforcement, including law 
                enforcement directed at drug users.''; and
            (4) in paragraph (11)--
                    (A) by inserting before the semicolon in 
                subparagraph (A) the following: ``(including source 
                country programs, and law enforcement outside the 
                United States)'';
                    (B) by inserting ``and'' after the semicolon in 
                subparagraph (B);
                    (C) by striking ``; and'' at the end of 
                subparagraph (C) and inserting a period; and
                    (D) by striking subparagraph (D).
    (b) Conforming Amendments.--Section 703(b)(3) is amended--
            (1) in subparagraph (A), by striking ``(G)'' and inserting 
        ``(H)''; and
            (2) in subparagraph (C)--
                    (A) by striking ``(C)'' and inserting ``(D)''; and
                    (B) by striking ``and subparagraph (D) of section 
                702(11)''.

SEC. 3. AMENDMENTS RELATING TO APPOINTMENT AND DUTIES OF DIRECTOR AND 
              DEPUTY DIRECTORS.

    (a) Designation of Other Officers.--Section 704(a)(3) is amended--
            (1) by striking ``permanent employee'' and inserting 
        ``officer or employee''; and
            (2) by striking ``serve as the Director'' and inserting 
        ``serve as the acting Director''.
    (b) Responsibilities of Director.--Section 704(b) is amended--
            (1) in paragraph (4), by striking ``Federal departments and 
        agencies engaged in drug enforcement,'' and inserting 
        ``National Drug Control Program agencies,'';
            (2) by inserting ``and'' at the end of paragraph (12);
            (3) by striking paragraphs (13) and (14); and
            (4) by redesignating paragraph (15) as paragraph (13).
    (c) Review and Certification of National Drug Control Program 
Budget.--Section 704(c)(3) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Specific requests.--The Director shall not 
                confirm the adequacy of any budget request that--
                            ``(i) requests funding for Federal law 
                        enforcement activities that do not adequately 
                        compensate for transfers of drug enforcement 
                        resources and personnel to law enforcement and 
                        investigation activities not related to drug 
                        enforcement as determined by the Director;
                            ``(ii) requests funding for law enforcement 
                        activities on the borders of the United States 
                        that do not adequately direct resources to drug 
                        interdiction and enforcement as determined by 
                        the Director;
                            ``(iii) requests funding for drug treatment 
                        activities that do not provide adequate result 
                        and accountability measures as determined by 
                        the Director;
                            ``(iv) requests funding for any activities 
                        of the Safe and Drug Free Schools Program that 
                        do not include a clear anti-drug message; or
                            ``(v) requests funding to enforce section 
                        484(r)(1) of the Higher Education Act of 1965 
                        (20 U.S.C. 1091(r)(1)) with respect to 
                        convictions for drug-related offenses not 
                        occurring during a period of enrollment for 
                        which the student was receiving any Federal 
                        grant, loan, or work assistance.'';
            (3) in subparagraph (D), as so redesignated, by inserting 
        ``and the authorizing Committees for the Office'' after ``House 
        of Representatives''; and
            (4) in subparagraph (E)(ii)(bb), as so redesignated, by 
        inserting ``and the authorizing Committees for the Office'' 
        after ``House of Representatives''.
    (d) Reprogramming and Transfer Requests.--Section 794(c)(4)(A) is 
amended by striking ``$5,000,000'' and inserting ``$1,000,000''.
    (e) Powers of Director.--Section 704(d) is amended--
            (1) in paragraph (8)(D), by striking ``have been authorized 
        by Congress;'' and inserting ``authorized by law;'';
            (2) in paragraph (9)--
                    (A) by inserting ``notwithstanding any other 
                provision of law,'' after ``(9)''; and
                    (B) by striking ``Strategy; and'' and inserting 
                ``Strategy and notify the authorizing committees of the 
                Congress for the Office of any fund control notice 
                issued;''
            (3) in paragraph (10), by striking ``(22 U.S.C. 2291j).'' 
        and inserting ``(22 U.S.C. 2291j) and section 706 of the 
        Department of State Authorization Act for Fiscal Year 2003 (22 
        U.S.C. 229j-l);'';
            (4) by adding at the end the following new paragraphs:
            ``(11) not later than August 1 of each year, submit to the 
        President a report, and transmit copies of the report to the 
        Secretary of State and the authorizing committees of the 
        Congress for the Office, that--
                    ``(A) provides the Director's assessment of which 
                countries are major drug transit countries or major 
                illicit drug producing countries as defined in section 
                481(e) of the Foreign Assistance Act of 1961;
                    ``(B) provides the Director's assessment of whether 
                each country identified under subparagraph (A) has 
                cooperated fully with the United States or has taken 
                adequate steps on its own to achieve full compliance 
                with the goals and objectives established by the United 
                Nations Convention Against Illicit Traffic in Narcotic 
                Drugs and Psychotropic Substances and otherwise has 
                assisted in reducing the supply of illicit drugs to the 
                United States; and
                    ``(C) provides the Director's assessment of whether 
                application of procedures set forth in section 490(a) 
                through (h) of the Foreign Assistance Act of 1961, as 
                provided in section 706 of the Department of State 
                Authorization Act for Fiscal Year 2003, is warranted 
                with respect to countries the Director assesses have 
                not cooperated fully; and
            ``(12) appoint a United States Interdiction Coordinator 
        under subsection (i).''.
    (f) United States Interdiction Coordinator.--Section 704 (21 U.S.C. 
1703) is further amended by adding at the end the following:
    ``(i) United States Interdiction Coordinator.--
            ``(1) In general.--There shall be in the Office a United 
        States Interdiction Coordinator, who shall be appointed by the 
        Director and shall perform duties determined by the Director 
        with respect to coordination of efforts to interdict illicit 
        drugs from the United States.
            ``(2) Appointment.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law (except subparagraph (B)), the 
                Director may appoint any individual to serve as the 
                United States Interdiction Coordinator.
                    ``(B) Limitation.--The Director may not appoint to 
                such position any individual who concurrently serves as 
                the head of any other Federal department or agency or 
                any subdivision thereof with responsibility for 
                narcotics interdiction activities, except the 
                counternarcotics officer of the Department of Homeland 
                Security appointed under section 878 of the Homeland 
                Security Act of 2002 (6 U.S.C. 458).''.

SEC. 4. AMENDMENTS RELATING TO COORDINATION WITH OTHER AGENCIES.

    Section 705 is amended--
            (1) in subsection (a)(1)(A), by striking ``abuse'';
            (2) by amending paragraph (3) of subsection (a) to read as 
        follows:
            ``(3) Required reports.--
                    ``(A) The Secretaries of Agriculture and Interior 
                shall, by July 1 of each year, jointly submit to the 
                Director and the authorizing Committees for the Office 
                an assessment of the quantity of illegal drug 
                cultivation and manufacturing in the United States on 
                lands owned or under the jurisdiction of the Federal 
                Government for the preceding year.
                    ``(B) The Attorney General shall, by July 1 of each 
                year, submit to the Director and the authorizing 
Committees for the Office information for the preceding year regarding 
the number and type of--
                            ``(i) arrests for drug violations;
                            ``(ii) prosecutions for drug violations by 
                        United States Attorneys; and
                            ``(iii) the number and type of seizures of 
                        drugs by each component of the Department 
                        seizing drugs, as well as statistical 
                        information on the geographic areas of such 
                        seizures.
                    ``(C) The Secretary of Homeland Security shall, by 
                July 1 of each year, submit to the Director and the 
                authorizing Committees for the Office information for 
                the preceding year regarding--
                            ``(i) the number and type of seizures of 
                        drugs by each component of the Department 
                        seizing drugs, as well as statistical 
                        information on the geographic areas of such 
                        seizures; and
                            ``(ii) the number of air and maritime 
                        patrol hours undertaken by each component of 
                        the Department primarily dedicated to drug 
                        supply reduction missions.
                    ``(D) The Secretary of Defense shall, by July 1 of 
                each year, submit to the Director and the authorizing 
                Committees for the Office information for the preceding 
                year regarding the number of air and maritime patrol 
                hours primarily dedicated to drug supply reduction 
                missions undertaken by each component of the Department 
                of Defense.''; and
            (3) in subsection (b)(2)(B), by striking ``Program.'' and 
        inserting ``Strategy.''

SEC. 5. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
              NATIONAL DRUG CONTROL STRATEGY.

    Section 706 is amended to read as follows:

``SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
              NATIONAL DRUG CONTROL STRATEGY.

    ``(a) Timing, Contents, and Process for Development and Submission 
of National Drug Control Strategy.--
            ``(1) In general.--Not later than February 1 of each year, 
        the President shall submit to Congress a National Drug Control 
        Strategy, which shall set forth a comprehensive plan for 
        reducing illicit drug use and the consequences of illicit drug 
        use in the United States by reducing the demand for illegal 
        drugs, limiting the availability of illegal drugs, and 
        conducting law enforcement activities with respect to illegal 
        drugs.
            ``(2) Contents.--
                    ``(A) In general.--The National Drug Control 
                Strategy submitted under paragraph (1) shall include--
                            ``(i) comprehensive, research-based, long-
                        range, quantifiable, goals for reducing illicit 
                        drug use and the consequences of illicit drug 
                        use in the United States;
                            ``(ii) annual objectives and strategy for 
                        demand reduction, supply reduction, and law 
                        enforcement activities, specific targets to 
                        accomplish long-range quantifiable reduction in 
                        illicit drug use as determined by the Director, 
                        and specific measurements to evaluate progress 
                        toward the targets and strategic goals;
                            ``(iii) a strategy to reduce the 
                        availability and purity of illegal drugs and 
                        the level of drug-related crime in the United 
                        States;
                            ``(iv) an assessment of Federal 
                        effectiveness in achieving the National Drug 
                        Control Strategy for the previous year, 
                        including--
                                    ``(I) a specific evaluation of 
                                whether the objectives and targets for 
                                reducing illicit drug use for the 
                                previous year were met and reasons for 
                                the success or failure of the previous 
                                year's Strategy; and
                                    ``(II) an assessment of the 
                                availability and purity of illegal 
                                drugs and the level of drug-related 
                                crime in the United States;
                            ``(v) notification of any program or budget 
                        priorities that the Director expects to 
                        significantly change from the current Strategy 
                        over the next five years;
                            ``(vi) a review of international, State, 
                        local, and private sector drug control 
                        activities to ensure that the United States 
                        pursues well-coordinated and effective drug 
                        control at all levels of government;
                            ``(vii) such statistical data and 
                        information as the Director deems appropriate 
                        to demonstrate and assess trends relating to 
                        illicit drug use, the effects and consequences 
                        thereof, supply reduction, demand reduction, 
                        drug-related law enforcement, and the 
                        implementation of the National Drug Control 
                        Strategy; and
                            ``(viii) a supplement reviewing the 
                        activities of each individual National Drug 
                        Control Program agency during the previous year 
                        with respect to the National Drug Control 
                        Strategy and the Director's assessment of the 
                        progress of each National Drug Control Program 
                        agency in meeting its responsibilities under 
                        the National Drug Control Strategy.
                    ``(B) Classified information.--Any contents of the 
                National Drug Control Strategy that involve information 
                properly classified under criteria established by an 
                Executive order shall be presented to Congress 
                separately from the rest of the National Drug Control 
                Strategy.
                    ``(C) Selection of data and information.--In 
                selecting data and information for inclusion under 
                subparagraph (A), the Director shall ensure--
                            ``(i) the inclusion of data and information 
                        that will permit analysis of current trends 
                        against previously compiled data and 
                        information where the Director believes such 
                        analysis enhances long-term assessment of the 
                        National Drug Control Strategy; and
                            ``(ii) the inclusion of data and 
                        information to permit a standardized and 
                        uniform assessment of the effectiveness of drug 
                        treatment programs in the United States.
            ``(3) Process for development and submission.--
                    ``(A) Consultation.--In developing and effectively 
                implementing the National Drug Control Strategy, the 
                Director--
                            ``(i) shall consult with--
                                    ``(I) the heads of the National 
                                Drug Control Program agencies;
                                    ``(II) Congress;
                                    ``(III) State and local officials;
                                    ``(IV) private citizens and 
                                organizations with experience and 
                                expertise in demand reduction;
                                    ``(V) private citizens and 
                                organizations with experience and 
                                expertise in supply reduction;
                                    ``(VI) private citizens and 
                                organizations with experience and 
                                expertise in law enforcement; and
                                    ``(VII) appropriate representatives 
                                of foreign governments;
                            ``(ii) with the concurrence of the Attorney 
                        General, may require the El Paso Intelligence 
                        Center to undertake specific tasks or projects 
                        to implement the National Drug Control 
                        Strategy;
                            ``(iii) with the concurrence of the 
                        Director of Central Intelligence and the 
                        Attorney General, may request that the National 
                        Drug Intelligence Center undertake specific 
                        tasks or projects to implement the National 
                        Drug Control Strategy; and
                            ``(iv) may make recommendations to the 
                        Secretary of Health and Human Services on 
                        research that supports or advances the National 
                        Drug Control Strategy.
                    ``(B) Recommendations.--Recommendations under 
                subparagraph (A)(iv) may include recommendations of 
                research to be performed at the National Institutes of 
                Health, including the National Institute on Drug Abuse, 
                or any other appropriate agency within the Department 
                of Health and Human Services.
                    ``(C) Inclusion in strategy.--The National Drug 
                Control Strategy under this subsection shall include a 
                list of each entity consulted under subparagraph 
                (A)(i).
            ``(4) Submission of revised strategy.--The President may 
        submit to Congress a revised National Drug Control Strategy 
        that meets the requirements of this section--
                    ``(A) at any time, upon a determination by the 
                President, in consultation with the Director, that the 
                National Drug Control Strategy in effect is not 
                sufficiently effective; or
                    ``(B) if a new President or Director takes office.
    ``(b) Performance Measurement System.--Not later than February 1 of 
each year, the Director shall submit to Congress a description of the 
national drug control performance measurement system, designed in 
consultation with affected National Drug Control Program agencies, that 
includes performance measures for the National Drug Control Strategy 
and activities of National Drug Control Program agencies related to the 
National Drug Control Strategy.''.

SEC. 6. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

    Section 707 is amended to read as follows:

``SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

    ``(a) Establishment.--There is established in the Office a program 
to be known as the High Intensity Drug Trafficking Areas Program (in 
this section referred to as the ``Program'').
    ``(b) Designation.--The Director, upon consultation with the 
Attorney General, the Secretary of the Treasury, the Secretary of 
Homeland Security, heads of the National Drug Control Program agencies, 
and the Governor of each applicable State, may designate any specified 
area of the United States as a high intensity drug trafficking area.
    ``(c) Factors for Consideration.--(1) In considering whether to 
designate an area under this section as a high intensity drug 
trafficking area, the Director shall consider, in addition to such 
other criteria as the Director considers to be appropriate, the extent 
to which--
            ``(A) the area is a major center of illegal drug 
        production, manufacturing, importation, or distribution for the 
        United States and as compared to other areas of the United 
        States;
            ``(B) State and local law enforcement agencies have 
        committed resources to respond to the drug trafficking problem 
        in the area, thereby indicating a determination to respond 
        aggressively to the problem;
            ``(C) drug-related production, manufacturing, importation, 
        or distribution in the area is having a significant harmful 
        impact in other areas of the United States; and
            ``(D) a significant increase in allocation of Federal 
        resources is necessary to respond adequately to drug-related 
        activities in the area.
    ``(2) For purposes of paragraph (1)(A), in considering whether an 
area is a major center of illegal drug production, manufacturing, 
importation, or distribution as compared to other areas of the United 
States, the Director shall consider--
            ``(A) the quantity of illicit drug traffic entering or 
        transiting the area originating in foreign countries;
            ``(B) the quantity of illicit drugs produced in the area;
            ``(C) the number of Federal, State, and local arrests, 
        prosecutions, and convictions for drug trafficking and 
        distribution offenses in the area;
            ``(D) the degree to which the area is a center for the 
        activities of national drug trafficking organizations; and
            ``(E) such other criteria as the Director considers 
        appropriate.
    ``(d) Southwest Border.--The Director may not designate any county 
contiguous to the international land border with Mexico as part of any 
high intensity drug trafficking area other than a single Southwest 
Border high intensity drug trafficking area.
    ``(e) Removal From Designation.--The Director may remove an area or 
portion of an area from designation as a high intensity drug 
trafficking area under this section upon determination that the area or 
portion of an area no longer is a high intensity drug trafficking area, 
considering the factors in subsections (c) and (d) in addition to such 
other criteria as the Director considers to be appropriate.
    ``(f) Review of Current Areas.--Within one year from the date of 
enactment, the Director shall review each current high intensity drug 
trafficking area to determine whether it continues to warrant 
designation as a high intensity drug trafficking area, considering the 
factors in subsection (c) in addition to such other criteria as the 
Director considers to be appropriate. The Director shall remove from 
designation any high intensity drug trafficking area or portion of any 
high intensity drug trafficking area determined to no longer warrant 
designation.
    ``(g) Authority of the Director.--After making such a designation 
and in order to provide Federal assistance to the area so designated, 
the Director may--
            ``(1) obligate such sums as appropriated for the Program, 
        in accordance with subsection (h);
            ``(2) direct the temporary reassignment of Federal 
        personnel to such area, subject to the approval of the head of 
        the department or agency that employs such personnel; and
            ``(3) take any other action authorized under section 704 to 
        provide increased Federal assistance to those areas.
    ``(h) Allocation of Funding.--In obligating sums appropriated for 
the Program--
            ``(1) The Director shall expend no less than 30 percent of 
        the amounts appropriated under this section in the seven high 
        intensity drug trafficking areas (excluding the Southwest 
        Border high intensity drug trafficking area) the Director 
        determines to have the greatest impact on reducing overall drug 
        traffic in the United States.
            ``(2) The Director shall expend no less than 25 percent of 
        the amounts appropriated under this section in the nine high 
        intensity drug trafficking areas (excluding the Southwest 
        Border high intensity drug trafficking area) the Director 
        determines to have the next greatest impact on reducing overall 
        drug traffic in the United States;
            ``(3) The Director shall expend no less than 20 percent of 
        the amounts appropriated under this section in the Southwest 
        Border high intensity drug trafficking area. The executive 
        committee of the Southwest Border high intensity drug 
        trafficking area may reallocate up to five percent of the total 
        funds allocated to that area among its components, with the 
        approval of the Director.
            ``(4) The Director shall expend no less than 10 percent of 
        the amounts appropriated under this section in the remaining 
        high intensity drug trafficking areas.
            ``(5) In addition to the amounts allocated under paragraphs 
        (1) through (4) of this subsection, the Director may expend 15 
        percent of the amounts appropriated under this section on a 
        discretionary basis. In allocating funds under this paragraph, 
        the Director shall consider the impact of activities funded on 
        reducing overall drug traffic in the United States.
    ``(i) Use of Funds.--
            ``(1) Limitation.--No funds appropriated for the Program 
        shall be expended for drug prevention or drug treatment 
        programs.
            ``(2) Limitation on applicability.--Paragraph (1) shall not 
        apply with respect to the Baltimore/Washington high intensity 
        drug trafficking area.
    ``(j) Terrorism Activities.--The Director may authorize high 
intensity drug trafficking areas to assist Federal, State, and local 
law enforcement agencies in investigations and activities related to 
terrorism and prevention of terrorism, especially but not exclusively 
where such investigations are related to drug trafficking. The Director 
shall ensure that assistance to such investigations remains incidental 
to the mission of high intensity drug trafficking areas to reduce drug 
availability and carry out drug-related law enforcement activities and 
that significant resources of the high intensity drug trafficking areas 
program are not redirected to activities exclusively related to 
terrorism.
    ``(k) Board Representation.--None of the funds appropriated under 
this section may be expended in any high intensity drug trafficking 
area or for a partnership under the Program in which the executive 
board or equivalent governing committee is not comprised of equal 
voting representation between representatives of Federal law 
enforcement agencies and representatives of State and local law 
enforcement agencies.
    ``(l) Role of Drug Enforcement Administration.--The Director in 
consultation with the Attorney General shall ensure that a 
representative of the Drug Enforcement Administration is included in 
the Intelligence Support Center of each high intensity drug trafficking 
area.
    ``(m) Marijuana Enforcement.--The Director may direct the 
reallocation of up to 5 percent of funds available for a fiscal year 
for the Program, from State and local law enforcement agencies to 
Federal law enforcement agencies to assist in enforcement of Federal 
law in high intensity drug trafficking areas containing States where 
State law permits the use of marijuana in a manner inconsistent with 
the Controlled Substances Act.
    ``(n) Authorization of Appropriations.--There is authorized to be 
appropriated to the Office of National Drug Control Policy to carry out 
this section, $230,000,000 for fiscal year 2004, $240,000,000 for 
fiscal years 2005 and 2006, and $250,000,000 for fiscal years 2007 and 
2008.

SEC. 7. FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING AREAS.

    (a) Short Title.--This section may be cited as the ``Dawson Family 
Community Protection Act''.
    (b) Findings.--Congress finds the following:
            (1) In the early morning hours of October 16, 2002, the 
        home of Carnell and Angela Dawson was firebombed in apparent 
        retaliation for Mrs. Dawson's notification of police about 
        persistent drug distribution activity in their East Baltimore 
        City neighborhood.
            (2) The arson claimed the lives of Mr. and Mrs. Dawson and 
        their 5 young children, aged 9 to 14.
            (3) The horrific murder of the Dawson family is a stark 
        example of domestic narco-terrorism.
            (4) In all phases of counter-narcotics law enforcement--
        from prevention to investigation to prosecution to reentry--the 
        voluntary cooperation of ordinary citizens is a critical 
        component.
            (5) Voluntary cooperation is difficult for law enforcement 
        officials to obtain when citizens feel that cooperation carries 
        the risk of violent retaliation by illegal drug trafficking 
        organizations and their affiliates.
            (6) Public confidence that law enforcement is doing all it 
        can to make communities safe is a prerequisite for voluntary 
        cooperation among people who may be subject to intimidation or 
        reprisal (or both).
            (7) Witness protection programs are insufficient on their 
        own to provide security because many individuals and families 
        who strive every day to make distressed neighborhoods livable 
        for their children, other relatives, and neighbors will resist 
        or refuse offers of relocation by local, State, and Federal 
        prosecutorial agencies and because, moreover, the continued 
        presence of strong individuals and families is critical to 
        preserving and strengthening the social fabric in such 
        communities.
            (8) Where (as in certain sections of Baltimore City) 
        interstate trafficking of illegal drugs has severe ancillary 
        local consequences within areas designated as high intensity 
        drug trafficking areas, it is important that supplementary High 
        Intensity Drug Trafficking Areas Program funds be committed to 
        support initiatives aimed at making the affected communities 
        safe for the residents of those communities and encouraging 
        their cooperation with local, State, and Federal law 
        enforcement efforts to combat illegal drug trafficking.
    (c) Funding for Certain High Intensity Drug Trafficking Areas.--
Section 707 is further amended in subsection (i) by adding at the end 
the following new paragraph:
            ``(3) Specific purposes.--The Director shall ensure that, 
        of the amounts appropriated for a fiscal year for the Program, 
        at least $1,000,000 is used in high intensity drug trafficking 
        areas with severe neighborhood safety and illegal drug 
        distribution problems. The funds shall be used--
                    ``(A) to ensure the safety of neighborhoods and the 
                protection of communities, including the prevention of 
                the intimidation of potential witnesses of illegal drug 
                distribution and related activities; and
                    ``(B) to combat illegal drug trafficking through 
                such methods as the Director considers appropriate, 
                such as establishing or operating (or both) a toll-free 
                telephone hotline for use by the public to provide 
                information about illegal drug-related activities.''.

SEC. 8. AMENDMENTS RELATING TO COUNTER-DRUG TECHNOLOGY ASSESSMENT 
              CENTER.

    (a) Chief Scientist.--Section 708(b) is amended--
            (1) in the heading by striking ``Director of Technology.--
        '' and inserting ``Chief Scientist.--''; and
            (2) by striking ``Director of Technology,'' and inserting 
        ``Chief Scientist,''.
    (b) Additional Responsibilities of Director.--Section 708(c) is 
amended to read as follows:
    ``(c) Additional Responsibilities of the Director of National Drug 
Control Policy.--
            ``(1) In general.--The Director, acting through the Chief 
        Scientist shall--
                    ``(A) identify and define the short-, medium-, and 
                long-term scientific and technological needs of 
                Federal, State, and local law enforcement agencies 
                relating to drug enforcement, including--
                            ``(i) advanced surveillance, tracking, and 
                        radar imaging;
                            ``(ii) electronic support measures;
                            ``(iii) communications;
                            ``(iv) data fusion, advanced computer 
                        systems, and artificial intelligence; and
                            ``(v) chemical, biological, radiological 
                        (including neutron, electron, and graviton), 
                        and other means of detection;
                    ``(B) identify demand reduction (including drug 
                prevention) basic and applied research needs and 
                initiatives, in consultation with affected National 
                Drug Control Program agencies, including--
                            ``(i) improving treatment through 
                        neuroscientific advances;
                            ``(ii) improving the transfer of biomedical 
                        research to the clinical setting; and
                            ``(iii) in consultation with the National 
                        Institute on Drug Abuse and the Substance Abuse 
                        and Mental Health Services Administration, and 
                        through interagency agreements or grants, 
                        examining addiction and rehabilitation research 
                        and the application of technology to expanding 
                        the effectiveness or availability of drug 
                        treatment;
                    ``(C) make a priority ranking of such needs 
                identified in subparagraphs (A) and (B) according to 
                fiscal and technological feasibility, as part of a 
                National Counter-Drug Enforcement Research and 
                Development Program;
                    ``(D) oversee and coordinate counter-drug 
                technology initiatives with related activities of other 
                Federal civilian and military departments;
                    ``(E) oversee and coordinate a technology transfer 
                program for the transfer of technology to State and 
                local law enforcement agencies; and
                    ``(F) pursuant to the authority of the Director of 
                National Drug Control Policy under section 704, submit 
                requests to Congress for the reprogramming or transfer 
                of funds appropriated for counter-drug technology 
                research and development.
            ``(2) Priorities in transferring technology.--In 
        transferring technology under the authority of paragraph 
        (1)(E), the Chief Scientist shall give priority in transferring 
        technologies most likely to assist in drug interdiction and 
        border enforcement to State, local, and tribal law enforcement 
        agencies in southwest border areas and northern border areas 
        with significant traffic in illicit drugs.
            ``(3) Limitation on authority.--The authority granted to 
        the Director under this subsection shall not extend to the 
        award of contracts, management of individual projects, or other 
        operational activities.
    (c) Assistance From Secretary of Homeland Security.--Section 708(d) 
is amended by inserting ``, the Secretary of Homeland Security,'' after 
``The Secretary of Defense''.

SEC. 9. REPEALS.

    The following provisions are repealed:
            (1) Sections 709, 710, and 711.
            (2) Section 6073 of the Asset Forfeiture Amendments Act of 
        1988 (21 U.S.C. 1509).

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

    (a) In General.--The Director of the Office of National Drug 
Control Policy (in this section referred to as the ``Director'') shall 
conduct a national media campaign in accordance with this section for 
the purpose of reducing and preventing illicit drug abuse among young 
people in the United States delivered through mass media advertising.
    (b) Use of Funds.--
            (1) In general.--Amounts made available to carry out this 
        section for the national media campaign may only be used for 
        the following:
                    (A) The purchase of media time and space.
                    (B) Creative and talent costs.
                    (C) Advertising production costs.
                    (D) Testing and evaluation of advertising.
                    (E) Evaluation of the effectiveness of the media 
                campaign.
                    (F) The negotiated fees for the winning bidder on 
                requests for proposals issued either by the Office of 
                National Drug Control Policy or its designee for 
                purposes otherwise authorized in this section.
                    (G) Partnerships with community, civic, and 
                professional groups, and government organizations 
                related to the media campaign.
                    (H) Entertainment industry outreach, interactive 
                outreach, media projects and activities, public 
                information, news media outreach, and corporate 
                sponsorship and participation.
                    (I) Operational and management expenses.
            (2) Specific requirements.--
                    (A)(i) In using amounts for creative and talent 
                costs under paragraph (1)(B), the Director shall use 
                creative services donated at no cost to the Government 
                wherever feasible and may only procure creative 
                services for advertising--
                            (I) responding to high-priority or emergent 
                        campaign needs that cannot timely be obtained 
                        at no cost; or
                            (II) intended to reach a minority, ethnic, 
                        or other special audience that cannot 
                        reasonably be obtained at no cost.
                    (ii) No more than $1,000,000 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 campaign with advance approval from the 
                Committees on appropriations of the House of 
                Representatives and the Senate upon a showing of the 
                circumstances causing such urgent needs of the 
                campaign.
                    (B) In using amounts for testing and evaluation of 
                advertising under paragraph (1)(D), the Director shall 
                test all advertisements prior to use in the national 
                media campaign to ensure that the advertisements are 
                effective and meet industry-accepted standards. The 
Director may waive this requirement for advertisements using no more 
than 10 percent of the purchase of advertising time and 10 percent of 
the purchase of advertising space if the advertisements respond to 
emergent and time-sensitive campaign needs or the advertisements will 
not be widely utilized in the media campaign.
                    (C) In using amounts for the evaluation of the 
                effectiveness of the media campaign under paragraph 
                (1)(E), the Director shall ensure that the 
                effectiveness of the media campaign is evaluated in a 
                manner that enables consideration of whether the media 
                campaign has contributed to reduction of illicit drug 
                use by youth.
                    (D) For each fiscal year, no more than a total of 3 
                percent of the amounts appropriated under this section 
                may be used for any costs permitted under subparagraphs 
                (G) and (H) of paragraph (1).
            (3) Limitations.--For each fiscal year, not less than 80 
        percent of the amounts appropriated under this section shall be 
        used for the purchase of advertising time and space for the 
        media campaign, subject to the following exceptions:
                    (A) In any fiscal year for which less than 
                $125,000,000 is appropriated for the media campaign, 
                not less than 85 percent of the amounts appropriated 
                under this section shall be used for advertising 
                production costs and the purchase of advertising time 
                and space for the media campaign.
                    (B) In any fiscal year for which more than 
                $195,000,000 is appropriated under this section, not 
                less than 75 percent shall be used for advertising 
                production costs and the purchase of advertising time 
                and space for the media campaign.
    (c) Advertising.--In carrying out this section, the Director shall 
devote sufficient funds to the advertising portion of the national 
media campaign to meet the goals of the campaign.
    (d) Prohibitions.--(1) None of the amounts made available under 
subsection (b) may be obligated or expended for any of the following:
            (A) To supplant current antidrug community-based 
        coalitions.
            (B) To supplant pro bono public service time donated by 
        national and local broadcasting networks for other public 
        service campaigns.
            (C) For partisan political purposes.
            (D) To fund advertising that features any elected 
        officials, persons seeking elected office, cabinet level 
        officials, or other Federal officials employed pursuant to 
        section 213 of Schedule C of title 5, Code of Federal 
        Regulations, unless the Director provides advance notice to the 
        Committee on Appropriations of the House of Representatives and 
        the Senate, the Committee on Government Reform and Oversight of 
        the House of Representatives and the Committee on the Judiciary 
        of the Senate.
            (E) To fund advertising not containing a primary message 
        intended to reduce or prevent illicit drug use.
            (F) To fund advertising containing a primary message 
        intended to promote support for the media campaign or private 
        sector contributions to the media campaign.
    (2) The prohibition in paragraph (1)(C) does not apply in 
connection with the Director's responsibilities under section 
704(b)(12) of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (Public Law 105-277; 21 U.S.C. 1701 et 
seq.). The preceding sentence shall not be construed to suggest that 
the prohibition in paragraph (1)(C) applied to the Director's 
responsibilities under such section before the date of the enactment of 
this section.
    (e) Matching Requirement.--(1) Amounts made available under 
subsection (b) shall be matched by an equal amount of non-Federal funds 
for the national media campaign, or be matched with in-kind 
contributions of the same value.
    (2) The Director shall ensure that 70 percent of no-cost match 
advertising provided directly relates to substance abuse prevention 
consistent with the specific purposes of the media campaign, except 
that in any fiscal year in which less than $125,000,000 is appropriated 
to the media campaign, the Director shall ensure that 85 percent of no-
cost match advertising directly relates to substance abuse prevention 
consistent with the specific purposes of the media campaign.
    (3) The Director shall ensure that no-cost match advertising that 
does not directly relate to substance abuse prevention includes a clear 
antidrug message. Such message is not required to be the primary 
message of the match advertising.
    (4) Section 317 of the Communications Act of 1934 (47 U.S.C. 317) 
shall not apply to any advertising utilizing time or space that is 
purchased or donated at no cost for the media campaign.
    (f) Financial and Performance Accountability.--The Director shall 
cause the audit and review of costs pursuant to section 304C of the 
Federal Property and Administrative Services Act of 1949 and an audit 
of the cost described in section 306 of such Act.
    (g) Strategic Guidance and Donations.--The Partnership for a Drug 
Free America shall serve as the primary outside strategic advisor to 
the campaign and be responsible for coordinating donations of creative 
and other services to the campaign, except with respect to advertising 
created using funds permitted in subsection (b). The Director shall 
inform the Partnership for a Drug Free America of the strategic goals 
of the campaign and consider advice from the Partnership for a Drug 
Free America on campaign strategy.
    (h) 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.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Office of National Drug Control Policy to carry out 
this section, $195,000,000 for each of fiscal years 2004 and 2005 and 
$210,000,000 for fiscal year 2006 through 2008.
    (j) Repeal of Superseded Provisions.--The Drug-Free Media Campaign 
Act of 1988 (21 U.S.C. 1801 et seq.; Public Law 105-277; 112 Stat. 
2681-752) is repealed.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    Section 714 is amended--
            (1) by striking ``title,'' and inserting ``title except 
        activities otherwise specified,''; and
            (2) by striking ``1999 through 2003'' and inserting ``2004 
        through 2008''.

SEC. 12. EXTENSION OF TERMINATION DATE.

    Section 715(a) is amended by striking ``September 30, 2003, this 
title and the amendments made by this title'' and inserting ``September 
30, 2008, this title and the amendments made to this title''.
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