[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2086 Referred in Senate (RFS)]

  1st Session
                                H. R. 2086


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2003

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
       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 Antidrug Media Campaign.
Sec. 11. Authorization of appropriations.
Sec. 12. Extension of termination date.

SEC. 2. AMENDMENTS TO DEFINITIONS.

    (a) Amendments to Definitions.--Section 702 (21 U.S.C. 1701) 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 inserting a semicolon; 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) (21 U.S.C. 
1702(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) (21 U.S.C. 
1703(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) (21 U.S.C. 
1703(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) (21 U.S.C. 1703(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 antidrug message or 
                        purpose intended to reduce drug use;
                            ``(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;
                            ``(vi) requests funding for drug treatment 
                        activities that do not adequately support and 
                        enhance Federal drug treatment programs and 
                        capacity, as determined by the Director; or
                            ``(vii) requests funding for fiscal year 
                        2005 for activities of the Department of 
                        Education, unless it is accompanied by a report 
                        setting forth a plan for providing expedited 
                        consideration of student loan applications for 
                        all individuals who submitted an application 
                        for any Federal grant, loan, or work assistance 
                        that was rejected or denied pursuant to 
                        484(r)(1) of the Higher Education Act of 1965 
                        (20 U.S.C. 1091(r)(1)) by reason of a 
                        conviction for a drug-related offense not 
                        occurring during a period of enrollment for 
                        which the individual was receiving any Federal 
                        grant, loan, or work assistance.'';
            (3) in subparagraph (D)(iii), as so redesignated, by 
        inserting ``and the authorizing committees of Congress for the 
        Office'' after ``House of Representatives''; and
            (4) in subparagraph (E)(ii)(bb), as so redesignated, by 
        inserting ``and the authorizing committees of Congress for the 
        Office'' after ``House of Representatives''.
    (d) Reprogramming and Transfer Requests.--Section 704(c)(4)(A) (21 
U.S.C. 1703(c)(4)(A)) is amended by striking ``$5,000,000'' and 
inserting ``$1,000,000''.
    (e) Powers of Director.--Section 704(d) (21 U.S.C. 1703(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 
                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 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).''.
    (g) Requirement for South American Heroin Strategy.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Director of National Drug 
        Control Policy shall submit to the Congress a comprehensive 
        strategy that addresses the increased threat from South 
        American heroin, and in particular Colombian heroin.
            (2) Contents.--The strategy shall--
                    (A) include opium eradication efforts to eliminate 
                the problem at the source to prevent it from 
                reoccurring before the heroin enters the stream of 
                commerce;
                    (B) interdiction and precursor chemical controls;
                    (C) demand reduction and treatment;
                    (D) provisions that ensure the maintenance at 
                current levels of efforts to eradicate coca in 
                Colombia; and
                    (E) assessment of the level of additional funding 
                and resources necessary to simultaneously address the 
                threat from South American heroin and the threat from 
                Colombian coca.

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

    Section 705 (21 U.S.C. 1704) 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) Secretaries of the interior and 
                agriculture.--The Secretaries of Agriculture and 
                Interior shall, by July 1 of each year, jointly submit 
                to the Director and the authorizing Committees of 
                Congress 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) Attorney general.--The Attorney General 
                shall, by July 1 of each year, submit to the Director 
                and the authorizing Committees of Congress 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) Secretary of homeland security.--The 
                Secretary of Homeland Security shall, by July 1 of each 
                year, submit to the Director and the authorizing 
                Committees of Congress 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) Secretary of defense.--The Secretary of 
                Defense shall, by July 1 of each year, submit to the 
                Director and the authorizing Committees of Congress 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 (21 U.S.C. 1705) 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, and 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.

    (a) In General.--Section 707 (21 U.S.C. 1706) 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) Purposes.--The purposes of the Program are the following:
            ``(1) To reduce drug availability and facilitate 
        cooperative efforts between Federal, State, and local law 
        enforcement agencies in areas with significant drug trafficking 
        problems that harmfully impact other parts of the Nation.
            ``(2) To provide assistance to agencies to come together to 
        assess regional threats, design coordinated strategies to 
        combat those threats, share intelligence, and develop and 
        implement coordinated initiatives to implement the strategies.
    ``(c) 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.
    ``(d) Factors for Consideration.--
            ``(1) In general.--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 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 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) Considerations.--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.
    ``(e) 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 as part of a single 
Southwest Border high intensity drug trafficking area.
    ``(f) 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 (d) and (e) in addition to such 
other criteria as the Director considers to be appropriate.
    ``(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, the Director shall comply with the following:
            ``(1) 30 percent set aside.--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) for which the Director determines that Program activities 
        with respect to such areas will have the greatest impact on 
        reducing overall drug traffic in the United States.
            ``(2) 25 percent set aside.--The Director shall expend no 
        less than 25 percent of the amounts appropriated under this 
        section in nine other high intensity drug trafficking areas 
        (excluding the Southwest Border high intensity drug trafficking 
        area) for which the Director determines that Program activities 
        with respect to such areas will have the next greatest impact 
        on reducing overall drug traffic in the United States.
            ``(3) Southwest border area.--
                    ``(A) 20 percent set aside.--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.
                    ``(B) Reallocation within 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) Remaining areas.--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) Discretionary expenditures.--
                    ``(A) In general.--In addition to the amounts 
                allocated under paragraphs (1) through (4) the Director 
                may expend 15 percent of the amounts appropriated under 
                this section on a discretionary basis.
                    ``(B) Consideration of impact.--In allocating funds 
                under this paragraph, the Director shall consider--
                            ``(i) the impact of activities funded on 
                        reducing overall drug traffic in the United 
                        States;
                            ``(ii) performance measures of 
                        effectiveness; and
                            ``(iii) such other criteria as the Director 
                        considers appropriate.
    ``(i) Use of Funds.--
            ``(1) Limitation.--No funds appropriated for the Program 
        shall be expended for 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.--
            ``(1) Assistance authorized.--The Director may authorize 
        use of resources available for the Program 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.
            ``(2) Limitation.--The Director shall ensure--
                    ``(A) that assistance provided under paragraph (1) 
                remains incidental to the purpose of the Program to 
                reduce drug availability and carry out drug-related law 
                enforcement activities; and
                    ``(B) that significant resources of the Program are 
                not redirected to activities exclusively related to 
                terrorism.
    ``(k) Board Representation.--None of the funds appropriated under 
this section may be expended for any high intensity drug trafficking 
area, or for a partnership under the Program, if the executive board or 
equivalent governing committee with respect to such area or partnership 
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 for each high intensity drug 
trafficking area.
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated to the Office of National Drug Control Policy to carry out 
this section--
            ``(1) $230,000,000 for fiscal year 2004;
            ``(2) $240,000,000 for each of fiscal years 2005 and 2006; 
        and
            ``(3) $250,000,000 for each of fiscal years 2007 and 
        2008.''.
    (b) Review of Current Areas.--Within one year after the date of 
enactment of this Act, the Director of National Drug Control Policy 
shall--
            (1) review each of the areas currently designated as a high 
        intensity drug trafficking area to determine whether it 
        continues to warrant designation as a high intensity drug 
        trafficking area, considering the factors in section 707(d) of 
        the Office of National Drug Control Policy Reauthorization Act 
        of 1998, as amended by this section, in addition to such other 
        criteria as the Director considers to be appropriate; and
            (2) terminate such description for an area or portion of an 
        area determined to no longer warrant designation.

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 (21 U.S.C. 1706) is further amended in subsection (h) by 
adding at the end the following new paragraph:
            ``(6) Specific purposes.--
                    ``(A) In general.--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.
                    ``(B) Required uses.--The funds used under 
                subparagraph (A) shall be used--
                            ``(i) 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
                            ``(ii) 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) (21 U.S.C. 1707(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) (21 
U.S.C. 1707(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) 
(21 U.S.C. 1707(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 and 711 (21 U.S.C. 1708 and 1710).
            (2) Section 6073 of the Asset Forfeiture Amendments Act of 
        1988 (21 U.S.C. 1509).

SEC. 10. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.

    (a) In General.--The Act is further amended by inserting after 
section 708 the following:

``SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.

    ``(a) In General.--The Director shall conduct a national media 
campaign in accordance with this section for the purpose of reducing 
and preventing illicit drug use among young people in the United 
States, through mass media advertising.
    ``(b) Use of Funds.--
            ``(1) In general.--Amounts made available to carry out this 
        section for the 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 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) Creative services.--
                            ``(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 
                        media campaign with advance approval from the 
                        Committee on Appropriations of the House of 
                        Representatives and of the Senate upon a 
                        showing of the circumstances causing such 
                        urgent needs of the media campaign.
                    ``(B) Testing and evaluation of advertising.--In 
                using amounts for testing and evaluation of advertising 
                under paragraph (1)(D), the Director shall test all 
                advertisements prior to use in the 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 
                purchased under this section in an 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 media campaign.
                    ``(C) Evaluation of effectiveness of media 
                campaign.--In using amounts for the evaluation of the 
                effectiveness of the media campaign under paragraph 
                (1)(E), the Director shall--
                            ``(i) designate an independent entity to 
                        evaluate annually the effectiveness of the 
                        national media campaign based on data from--
                                    ``(I) the `Monitoring the Future 
                                Study' published by the Department of 
                                Health and Human Services;
                                    ``(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 
                                Director, including tracking and 
                                evaluation data collected according to 
                                marketing and advertising industry 
                                standards; and
                            ``(ii) 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 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 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 82 percent of the amounts appropriated 
                under this section shall be used for 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 72 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.--None of the amounts made available under 
subsection (b) may be obligated or expended for any of the following:
            ``(1) To supplant current antidrug community-based 
        coalitions.
            ``(2) To supplant pro bono public service time donated by 
        national and local broadcasting networks for other public 
        service campaigns.
            ``(3) For partisan political purposes, or express advocacy 
        in support of or to defeat any clearly identified candidate, 
        clearly identified ballot initiative, or clearly identified 
        legislative or regulatory proposal.
            ``(4) 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.
            ``(5) To fund advertising that does not contain a primary 
        message intended to reduce or prevent illicit drug use.
            ``(6) To fund advertising containing a primary message 
        intended to promote support for the media campaign or private 
        sector contributions to the media campaign.
    ``(e) Matching Requirement.--
            ``(1) In general.--Amounts made available under subsection 
        (b) shall be matched by an equal amount of non-Federal funds 
        for the media campaign, or be matched with in-kind 
        contributions of the same value.
            ``(2) No-cost match advertising direct relationship 
        requirement.--The Director shall ensure that at least 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 at least 85 percent of 
        no-cost match advertising directly relates to substance abuse 
        prevention consistent with the specific purposes of the media 
        campaign.
            ``(3) No-cost match advertising not directly related.--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.
    ``(f) Financial and Performance Accountability.--The Director shall 
cause to be performed--
            ``(1) audits and reviews of costs of the media campaign 
        pursuant to section 304C of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254d); and
            ``(2) an audit of the cost of the media campaign described 
        in section 306 of such Act (41 U.S.C. 256).
    ``(g) Strategic Guidance and Donations.--The Partnership for a Drug 
Free America shall serve as the primary outside strategic advisor to 
the media 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 media 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 media campaign and whether 
        specific objectives of the media campaign were accomplished;
            ``(2) steps taken to ensure that the media campaign 
        operates in an effective and efficient manner consistent with 
        the overall strategy and focus of the media 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 media 
        campaign.
    ``(i) Local Target Requirement.--The Director shall, to the maximum 
extent feasible, use amounts made available under this section for 
media that focuses on, or includes specific information on, prevention 
or treatment resources for consumers within specific local areas.
    ``(j) Prevention of Marijuana Use.--
            ``(1) Findings.--The Congress finds the following:
                    ``(A) 60 percent of adolescent admissions for drug 
                treatment are based on marijuana use.
                    ``(B) Potency levels of contemporary marijuana, 
                particularly hydroponically grown marijuana, are 
                significantly higher than in the past, rising from 
                under 1 percent of THC in the mid-1970s to as high as 
                30 percent today.
                    ``(C) Contemporary research has demonstrated that 
                youths smoking marijuana early in life may be up to 
                five times more likely to use hard drugs.
                    ``(D) Contemporary research has demonstrated clear 
                detrimental effects in adolescent educational 
                achievement resulting from marijuana use.
                    ``(E) Contemporary research has demonstrated clear 
                detrimental effects in adolescent brain development 
                resulting from marijuana use.
                    ``(F) An estimated 9,000,000 Americans a year drive 
                while under the influence of illegal drugs, including 
                marijuana.
                    ``(G) Marijuana smoke contains 50 to 70 percent 
                more of certain cancer causing chemicals than tobacco 
                smoke.
                    ``(H) Teens who use marijuana are up to four times 
                more likely to have a teen pregnancy than teens who 
                have not.
                    ``(I) Federal law enforcement agencies have 
                identified clear links suggesting that trade in 
                hydroponic marijuana facilitates trade by criminal 
                organizations in hard drugs, including heroin.
                    ``(J) Federal law enforcement agencies have 
                identified possible links between trade in marijuana 
                and financing for terrorist organizations.
            ``(2) Emphasis on prevention of youth marijuana use.--In 
        conducting advertising and activities otherwise authorized 
        under this section, the Director may emphasize prevention of 
        youth marijuana use.
    ``(k) Authorization of Appropriations.--There is authorized to be 
appropriated to the Office to carry out this section, $195,000,000 for 
each of fiscal years 2004 and 2005 and $210,000,000 for each of fiscal 
years 2006 through 2008.''.
    (b) Repeal of Superseded Provisions.--The Drug-Free Media Campaign 
Act of 1998 (21 U.S.C. 1801 et seq.) is repealed.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    Section 714 (21 U.S.C. 1711) is amended--
            (1) by striking ``title,'' and inserting ``title, except 
        activities for which amounts are otherwise specifically 
        authorized by this title,''; 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 are repealed'' and 
inserting ``September 30, 2008, this title is repealed''.

            Passed the House of Representatives September 30, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.