[House Report 108-167]
[From the U.S. Government Publishing Office]



108th Congress                                            Rept. 108-167
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
   OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2003

                                _______
                                

                 June 19, 2003.--Ordered to be printed

                                _______
                                

  Mr. Tom Davis of Virginia, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2086]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Government Reform, to whom was referred the 
bill (H.R. 2086) to reauthorize the Office of National Drug 
Control Policy, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................    13
Section-by-Section Analysis......................................    34
Explanation of Amendments........................................    40
Committee Consideration..........................................    40
Application of Law to the Legislative Branch.....................    40
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    41
Statement of General Performance Goals and Objectives............    41
Constitutional Authority Statement...............................    41
Unfunded Mandate Statement.......................................    41
Committee Estimate...............................................    41
Budget Authority and Congressional Budget Office Cost Estimate...    41
Changes in Existing Law Made by the Bill as Reported.............    44
Additional Views.................................................    74

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 
                Columbian 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-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) 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 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.--
          ``(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''.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    The purpose of H.R. 2086, the ``Office of National Drug 
Control Policy Reauthorization Act of 2003'' is to reauthorize 
the Office of National Drug Control Policy (ONDCP) within the 
Executive Office of the President for five years, through the 
end of FY 2008. It also renews congressional authorization for 
national programs administered by ONDCP, including the National 
Youth Anti-Drug Media Campaign and the High Intensity Drug 
Trafficking Areas (HIDTA) program. The current authorization 
for ONDCP expires on September 30, 2003. The office was 
originally created in 1988 and is the President's principal 
adviser with respect to drug control policy development and 
program oversight. ONDCP's current statutory mission is to 
guide the Nation's efforts to both reduce the use, 
manufacturing, and trafficking of illicit drugs, and to reduce 
the associated crime, violence, and health consequences of 
illegal drug use.
    The Committee provides the following summary of the 
proposed legislation.
    A. Short Title; References; Table of Contents (Section 1)--
The bill may be cited as the ``Office of National Drug Control 
Policy Reauthorization Act of 2003,'' and (unless otherwise 
indicated) it amends the Office of National Drug Control Policy 
Reauthorization Act of 1998 (Public Law 105-277; 21 U.S.C. 1701 
et seq).
    B. Amendments to Definitions (Section 2)--The bill modifies 
definitions in current law of the terms ``demand reduction,'' 
``state and local affairs,'' and ``supply reduction'' as they 
relate to the Office of National Drug Control Policy. The 
definition of these terms also applies by extension to the 
defined duties of the Deputy Director for Demand Reduction, the 
Deputy Director for Supply Reduction, and the Deputy Director 
for State and Local Affairs under 21 Sec. U.S.C. 1702(b)(3).
    ``Demand Reduction'' is defined to specifically include 
``interventions for drug abuse and dependence'' as well as 
``international drug control coordination and cooperation'' 
with respect to activities otherwise defined as related to 
demand reduction. This provision is intended to be strictly 
limited to matters otherwise defined as demand reduction and is 
not intended to modify the existing and primary responsibility 
of the Office of Supply Reduction for international matters. 
The Committee further notes its view that international 
coordination activities with respect to demand reduction should 
be primarily directed to assisting in reduction in demand 
within the United States.
    ``State and local affairs'' is amended to include domestic 
law enforcement, including law enforcement directed at drug 
users.'' Such activities previously were defined as part of 
``supply reduction'' and are removed from that area in the 
bill. The Committee believes it is important to clarify that 
domestic law enforcement activities serve purposes and fulfill 
policy goals not limited to supply reduction. Moreover, the 
Office of State and Local Affairs by focus and the general 
experience of its staff is better suited to handle law 
enforcement matters than the Office of Supply Reduction. The 
Committee was informed by ONDCP that, in practice, such matters 
already are handled primarily by the Office of State and Local 
Affairs.
    C. Amendments Relating to Appointment and Duties of 
Director and Deputy Director (Section 3)--The existing 
authorities and duties of the Director of the Office of 
National Drug Control Policy have generally served as an 
effective tool in promoting interagency coordination of drug 
control policy and spending within the Executive Branch. The 
Committee accordingly has attempted to retain the current 
structure with only limited modifications intended to 
strengthen the authority of the Director. In particular, the 
Committee believes that the Director's authority to review and 
certify the budgets of national drug control program agencies 
is critical to ensuring the ability of the Office to plan and 
implement an effective national strategy.
    1. Designation of Other Officers--Subsection (a) clarifies 
that any officer and employee of the Office may be designated 
to serve as the acting Director. Previous law applied only to 
``permanent employee[s]'' of the office, failing to include 
senior politically appointed officers and employees who most 
logically would be designated for that purpose.
    2. Responsibilities of Director--Subsection (b) makes 
technical and conforming clarifications to current law.
    3. Review and Certification of National Drug Control 
Program Budget--As previously stated, the Director's budget 
certification authority is one of the cornerstones of the 
Office's ability to plan and implement an effective national 
drug control strategy. The Committee believes that it is 
appropriate in the exercise of congressional authority relating 
to drug policy to set forth general criteria governing 
application of the budget certification authority, particularly 
where oversight has identified significant ongoing issues in 
allocation of funding and resources for drug control activities 
within the Executive Branch. These criteria are wholly 
consistent with the Director's duty to ensure the effectiveness 
of federal drug control programs and congressional intent that 
the Director use the tools provided in the bill to advocate 
drug control programs within the Executive Branch. The 
intention of the Committee in most respects is simply to ensure 
that the budgets of National Drug Control Program Agencies are 
reviewed under the stated criteria. The bill specifically 
reserves the discretion of the Director to determine the 
adequacy of agency budgets under the statutory criteria.
    A new subparagraph (C) is added to the certification 
mechanism (21 U.S.C. 1703(c)(3)) to prohibit certification of 
the adequacy of funding for Federal law enforcement activities 
that do not adequately compensate for transfers of drug 
enforcement resources and personnel to law enforcement and 
investigation. The Committee believes that questions of 
resource allocation are among the most significant contemporary 
challenges to drug control policy. Since the September 11, 2001 
attacks on the United States, federal law enforcement agencies 
have in some respects significantly reduced the commitment to 
drug enforcement. The Federal Bureau of Investigation, for 
example, transferred 567 special agents away from drug 
enforcement to other duties related to counterterrorism. The 
United States Coast Guard has been forced to reduce patrol 
hours for narcotics interdiction and to make special assets 
originally developed for drug interdiction purposes (the HITRON 
armed helicopter program) available for homeland security 
needs.
    In many respects, the Executive Branch has planned or 
implemented steps to adjust for such reallocations, such as the 
addition of agent positions in the Drug Enforcement 
Administration, other steps in the Attorney General's recently 
issued Domestic Drug Enforcement Strategy, and actions taken by 
the Coast Guard to adjust for increased demands. However, the 
detrimental effects of increased demands have also been 
apparent. Federal referrals for prosecutions of drug-related 
violent crime in Washington, for example, were reported down by 
over 40 percent. The Committee believes that substantially 
weakened law enforcement programs cannot be deemed adequate for 
the purposes of the budget certification process. It is 
essential for the Director to specifically consider whether 
steps have been taken to mitigate the reallocation of resources 
away from drug enforcement, particularly since the issue is 
likely to remain a significant concern for the five-year period 
covered by the reauthorization.
    The bill requires a similar evaluation of funding for law 
enforcement activities on the borders of the United States. 
During the 107th Congress, the Subcommittee on Criminal 
Justice, Drug Policy and Human Resources conducted an intensive 
survey of federal law enforcement at the borders and ports of 
entry (H. Rpt. 107-794). That report and subsequent 
Subcommittee oversight activities suggest the possibility of a 
similar shift in focus at the borders, and the Director must 
also ensure that adequate resources are directed to drug 
interdiction prior to certifying any related budgets.
    The new subparagraph also prohibits budget certification of 
drug treatment activities that do not provide adequate result 
and accountability measures as determined by the Director. The 
Committee strongly supports the President's initiative to 
increase and enhance the availability of drug treatment in the 
United States, as well as the focus of the initiative on using 
the results of treatment programs as a primary performance 
measure. Oversight activities including discussions with drug 
treatment providers have strongly suggested the need for 
development of a set of uniform and unambiguous standards for 
measuring the results and accountability of drug treatment 
programs, a goal which remains elusive even after federal 
support for intensive research into drug treatment. Further, 
because treatment programs account for 29 percent of the 
National Drug Control Budget, the Committee believes that 
adequate measures are essential to ensure the effectiveness and 
accountability of these programs as a whole, as well as to 
provide performance and outcome measures.
    The bill further requires that activities of the Safe and 
Drug Free Schools program include a clear anti-drug message or 
purpose intended to reduce drug use as a fixed prerequisite to 
budget certification. Along with the Media Campaign 
reauthorized in Section 10 of the bill, the Safe and Drug Free 
Schools program is one of the primary federal drug prevention 
programs. As with law enforcement programs, however, resources 
are being diverted away from that intended goal to several 
other purposes, such as violence prevention. Significant 
broadening of the program to other purposes creates a 
substantial risk of dilution not only of its effectiveness as a 
drug prevention program, but also as a whole. For the purposes 
of the certification process, the Committee believes that the 
budget for the Safe and Drug Free Schools program cannot be 
deemed adequate unless each program activity includes a clear 
anti-drug message or purpose to reduce drug use, and has 
included such criteria as mandatory.
    The bill also contains mandatory restrictions on 
certification of budgets related to enforcement in certain 
contexts of Section 484(r)(1) of the Higher Education Act, more 
popularly known as the ``Drug Free Student Loan'' provision. 
The provision makes students convicted of drug offenses 
temporarily ineligible to receive student loans and stands for 
an important principle--that students who ask for taxpayer 
assistance with their education should not be using or selling 
illegal drugs, which have a clear and proven detrimental impact 
on educational achievement. However, a significant problem has 
arisen as the Department of Education has erroneously 
misinterpreted the clear language of that statute to improperly 
deprive loans from students whose drug convictions predated 
their enrollment in school, beginning during the Clinton 
Administration and continuing during the current 
Administration.
    The plain text of the statute in question clearly provides 
that the disqualification applies to ``a student who has been 
convicted of any offense under any Federal or State law 
involving the possession or sale of a controlled substance.'' 
The term ``student'' in every other instance in the Act clearly 
and logically may apply only to those currently enrolled; thus 
a person convicted of a drug offense prior to enrollment would 
not have been a ``student'' under the Act at the time of 
conviction and the provision would not apply to them in 
relation to such a conviction. Moreover, the Executive Branch 
interpretation is clearly at odds with the overall structure of 
the law, which unambiguously provides that individuals shall 
become ineligible for assistance ``beginning on the date of 
such conviction.'' Again, the interpretation offered by the 
Department is obviously inconsistent with the plain meaning and 
structure of the statute. (To determine whether Congress has 
unambiguously expressed its intent, a court considers in part 
the language and design of the statute as whole. See, e.g., 
Alabama Power v. Environmental Protection Agency, 40 F.3rd 450, 
454 (D.C. Cir. 1994)). The text clearly does not square with 
the Department's reading because an individual who is not 
enrolled when convicted could not become ineligible at that 
time. He or she is not a ``student'' under the terms of the 
Act, and moreover is not receiving any assistance to be 
disqualified from at the time.
    In addition to the inconsistency of its interpretation with 
the plain text of the statute, the Department also apparently 
did not undertake any substantial analysis prior to developing 
the policy in question. An oversight request issued by the 
Subcommittee on Criminal Justice, Drug Policy and Human 
Resources during the last Congress for all documents developed 
by the Department to explain and justify its position returned 
lessthan 25 pages of material, all of which postdated the 
Administration that originally instituted the policy. The analysis 
contained in the produced materials was almost entirely defensive and 
provided no affirmative justification of the Department's 
interpretation of the statute. The Committee therefore has determined 
that the Department's enforcement actions with respect to students 
convicted of drug offenses prior to the date of enrollment are 
arbitrary and capricious. It further believes that drug control budgets 
seeking to continue such arbitrary and legally unsupported enforcement 
should not be certified because they hinder the effective 
implementation of the Drug Free Student Loan provision.
    An additional provision of the new subparagraph (C) 
prohibits funding for the drug control budget of the Department 
of Education unless it ``is accompanied by a report setting 
forth a plan for expedited consideration'' of loan applications 
for students improperly deprived under the conditions just 
described. (It is important to note that, while the provision 
textually implicates ``funding for Fiscal Year 2005 for 
activities of the Department of Education,'' it applies in the 
context of 21 U.S.C. Sec. 1703(c)(1)(A), which only applies to 
drug control budget requests. Thus, the additional provision 
does not apply to budget requests for Department activities not 
related to drug control.) The intention of this provision is 
limited and simple--to ensure that improperly deprived students 
would have any re-applications for financial assistance 
considered on an expedited basis, as determined by the 
Department of Education and set forth in the report required by 
the text.
    The final provision relating to budget certification 
prohibits certification of drug treatment activities that ``do 
not adequately support and enhance Federal drug treatment 
programs and capacity, as determined by the Director.'' The 
provision is a variation of language proposed by Subcommittee 
Ranking Member Cummings during its consideration of the bill 
and approved by voice vote. The Committee notes that the 
language is primarily intended to apply to the Substance Abuse 
Prevention and Treatment block grant program and the Targeted 
Capacity Expansion grant program, which are critical to drug 
treatment in the United States. In considering the factors 
included in the bill incident to budget certification for drug 
treatment, the Director should consider whether adequate 
funding has been maintained for those programs or if adequate 
compensation in other programs has been substituted for any 
reductions in funding.
    4. Reprogramming and Transfer Requests and Miscellaneous 
Provisions--The bill lowers from $5,000,000 to $1,000,000 the 
amount over which the Director must approve fund reprogramming 
or transfer requests under 21 U.S.C. Sec. 21 U.S.C. 
1703(c)(4)(A). The Committee understands that the change will 
not substantially decrease the flexibility of Drug Control 
Program Agencies in managing finances, but believes that it 
will enhance the ability of the Director to review and approve 
federal spending related to drug control budgets.
    The Committee is aware of a provision of existing law which 
indirectly exempts a single Drug Control Program Agency from 
compliance with the authority of the Director to issue a Fund 
Control Notice under 21 U.S.C. Sec. 1703(d)(9) by reference to 
a conference report not adopted by Congress. The Committee 
believes that the Director should retain authority to issue 
Fund Control Notices to each Drug Control Program Agency, and 
that any exceptions to such authority should be made explicitly 
and be properly considered and cleared by the Government Reform 
Committee, which is the primary committee of jurisdiction for 
the Office of National Drug Control Policy. Thus, the bill 
clarifies that the Director's authority applies to each Drug 
Control Program Agency notwithstanding any other provision of 
law.
    5. International Drug Control Certification--The bill 
clarifies that the Director should continue to participate in 
the process for certification relating to foreign assistance 
for major drug source and transit countries as modified by the 
Department of State Authorization Act for Fiscal Year 2003. It 
also requires the Director to issue an independent assessment 
of the cooperation of foreign nations with U.S. drug control 
policies under the terms of a procedure that was explicitly 
contemplated by that Act.
    The 2003 authorization made permanent modifications to the 
drug certification process that substantially weakened the 
standard by which the State Department would evaluate the 
cooperation of foreign nations with respect to drug control. 
The standard changed from whether the country had ``cooperated 
fully'' to whether it had ``failed demonstrably'' to do so, 
thus effectively shifting the burden of proof to an assumption 
that foreign nations were cooperating with the United States 
and had to be proved otherwise to trigger the restrictions in 
the Act. However, the law also expressly reserved authority for 
the President to apply the previous standard of whether or not 
countries had ``cooperated fully'' with the United States.
    The law requires the President to make the relevant 
determination of whether to exercise such reserved authority. 
As the Director is the primary statutory advisor to the 
President with respect to drug control matters, the Committee 
believes that it is appropriate to require the Director to 
evaluate the drug control efforts of foreign countries by the 
``fully cooperating'' standard which the President may invoke 
under the express terms of the revised process, and has 
included such a requirement in the bill. The Director has 
opposed the requirement on the ground that it may result in 
conflicting advice to the President from the Director and the 
Secretary of State. The Committee emphasizes, however, that the 
Director's evaluation is conducted under a different standard 
than the review to be conducted by the Secretary of State, thus 
removing the potential for conflict. Moreover, as the revised 
statutory process explicitly contemplated and reserved the 
potential exercise by the President of authority under the 
``fully cooperating'' standard, the Committee believes that the 
President should receive the benefit of full and appropriate 
analysis under that standard as well as the ``failed 
demonstrably'' standard.
    6. United States Interdiction Coordinator--The United 
States Interdiction Coordinator (USIC) has played an important 
role under the authority of the Director in coordinating the 
drug interdiction activities of diverse federal agencies, even 
though the position has never been a statutory position. The 
creation of the Department of Homeland Security included the 
most prominent interdiction agencies (with the notable 
exception of activities of the Department of Defense) within a 
single cabinet department. Accordingly, the legislation 
creating the Department required the appointment of a 
Counternarcotics Officer within the Department of Homeland 
Security, and provided that that individual would concurrently 
serve as the USIC. Because the Counternarcotics Officer already 
has a unique responsibility for operational coordination of 
significant national assets related to drug interdiction within 
the Department of Homeland Security, the Committee believes 
thatthe incumbent continues to have strong advantages favoring 
appointment as the USIC. At that time, however, the Director expressed 
concern that the mandated appointment of the Counternarcotics Officer 
as the USIC removed his discretion to appoint his own advisor.
    The bill removes the mandated concurrent appointment and 
permits the Director to name any individual as the USIC, so 
long as the individual does not concurrently serve as the head 
of any other federal department or agency or any subdivision 
thereof with responsibility for narcotics interdiction 
activities. (The Committee also intends the prohibition to 
apply to deputies and other subordinates of such officials.) 
The Counternarcotics Officer of the Department of Homeland 
Security, however, is permitted to serve concurrently as the 
USIC given that the two positions share responsibilities in a 
number of respects. It is the Committee's intention that the 
person serving as USIC should either concurrently serve as the 
Counternarcotics Officer or be an individual who is otherwise 
not affiliated with any other federal department or agency 
engaged in drug interdiction activities. The appointee should 
serve as an agency-neutral coordinator and devote primary and 
exclusive attention to narcotics interdiction coordination.
    7. South American Heroin Strategy--The bill includes a 
requirement for submission of a strategy to deal with the 
dramatic increase in heroin cultivation in South America, which 
was proposed by Representative John Mica. The Committee is 
significantly concerned at the sharp increase in heroin 
production in Colombia and its effects throughout the United 
States and intends to continue aggressive oversight of 
Executive Branch efforts with respect to heroin control. At the 
same time, however, it is important to note that oversight 
activities of the Drug Policy Subcommittee have indicated that 
the growth of Colombian heroin abuse has predominantly taken 
place on the east coast of the United States. It has not yet 
fully spread nationwide, and alternative sources of supply from 
Mexico, Asia and even Afghanistan account for meaningful 
amounts of consumption in other areas of the country. In 
addition, the Committee believes that increased efforts to 
counter South American heroin cannot come at the expense of 
efforts to control the growth of coca, which continues to be 
more widely abused than heroin in the United States. The 
mandated strategy is required to address each of these factors.
    D. Amendments Relating to Coordination With Other Agencies 
(Section 4)--Section 4 restates and expands requirements of 
existing law relative to reporting on matters related to drug 
control of individual cabinet departments. The additions made 
by the Committee to existing law primarily relate to statistics 
that will allow better evaluation of resource allocation for 
drug control activities within individual agencies. As 
previously described, the Committee has significant concern at 
the impact of diversion of drug control assets to unrelated 
missions, and believes that the mandated reporting will 
significantly assist in oversight and monitoring in that 
respect.
    E. Development, Submission, Implementation, and Assessment 
of National Drug Control Strategy (Section 5)--The coordination 
and development of the National Drug Control Strategy is one of 
the primary and most important responsibilities of the 
Director. The bill significantly revises and streamlines the 
process for development and issuance of the Strategy. In doing 
so, the Committee believes that Director will have 
significantly enhanced flexibility to tailor it to emerging 
policy needs and that it has removed burdensome statutory 
reporting requirements that no longer serve a clear purpose. 
The bill also modifies previous law to include clearer and more 
specific performance and outcome goals and objectives.
    Previous law required the President to submit a massive 
five-year drug control strategy adhering to pages of detailed 
and quickly outdated requirements and mandated statistical 
reporting. The bill significantly simplifies and increases the 
responsiveness of the process by requiring the submission of 
annual Strategies that maintain the principles of previous law 
but give the Director much greater flexibility to effectively 
adjust to emerging needs and conditions.
    The bill repeals numerous specific statutory requirements 
governing the issuance of the Strategy and replaces them with 
guidelines reflecting the general goals of previous law. The 
guidelines require inclusion of:
          Comprehensive, research-based goals for reducing drug 
        use and its consequences;
          Annual objectives and strategy for demand reduction, 
        supply reduction, and law enforcement activities, 
        specific targets determined by the Director to 
        accomplish long-range quantifiable reduction in drug 
        use, and specific measurements to evaluate progress 
        toward the targets and strategic goals;
          A strategy to reduce the availability and purity of 
        illegal drugs;
          Notification of any program or budget priorities 
        expected to significantly change over the next five 
        years;
          A review of international, state, local and private 
        sector drug control activities to ensure coordination 
        of strategy; and
          Statistical data selected by the Director to 
        demonstrate and assess drug-related trends and the 
        success of the strategy.
    The bill also includes more detailed and specific overall 
performance measurements, most notably requiring an assessment 
of federal effectiveness in accomplishing the previous year's 
strategy that includes a specific evaluation of whether the 
targets for reducing drug use were met. The intention of the 
Committee is that such an assessment should be conducted using 
data for the previously completed fiscal year and any available 
data from the current fiscal year at the time of the issuance 
of the Strategy.
    The bill also includes a new requirement that the Committee 
believes will substantially increase the accountability and 
responsiveness of each individual Drug Control Program Agency. 
Incident to issuance of the Strategy, the Director is required 
to annually issue a supplement reviewing the activities of each 
individual Drug Control Program Agency with respect to the 
National Drug Control Strategy and the Director's assessment of 
the progress of each agency in meeting its responsibilities 
thereunder. Previously, agencies were not held individually 
accountable for the overall results of the Strategy, and the 
Committee believes that such a public ``report card'' will 
increase agency responsibility and stakeholding in the overall 
progress of the national strategy.
    The bill includes guidance with respect to the selection of 
data and information for inclusion in the Strategy. The 
Committee believes that this guidance is especially important 
given the repeal of numerous statutory requirements for 
inclusion of specifically mandated statistical reporting and 
expects that that the Director will carefully consider the 
inclusion of selected data and information to permit the 
compilation andcomparison of new data in a consistent manner 
against the baseline of available data from the categories previously 
mandated by law.
    Finally, the bill includes a new requirement that the 
Strategy include data and information to permit a standardized 
and uniform assessment of the effectiveness of drug treatment 
programs in the United States. As previously discussed, the 
Committee believes that the development of uniform measurements 
in this regard are critical to performance and outcome 
evaluation of federally supported drug treatment programs, as 
well as to the development of federal strategy with respect to 
drug treatment programs. Simply put, there is no widely 
accepted or defined set of measurements for ``what works'' in 
drug treatment, and development of such measurements is 
essential.
    F. High Intensity Drug Trafficking Areas Program (Section 
6)--The reauthorization of the High Intensity Drug Trafficking 
Areas Program is critical to the nation's efforts to reduce the 
supply of illegal drugs. As explained in more detail below, the 
purpose of the Program is to facilitate Federal, State and 
local law enforcement anti-drug cooperation in areas with 
significant narcotics trafficking problems that harmfully 
impact other parts of the nation.
    1. Overview and History--The HIDTA program, ONDCP's 
principal law enforcement assistance initiative, was first 
authorized in 1988 by the legislation creating ONDCP, and 
reauthorized in 1994 and 1998. Under the Program, the Director 
may designate a specific geographic area within the United 
States as a high intensity drug trafficking area. (The term 
``HIDTA'' refers to an individual high intensity drug 
trafficking area designated by the Director under the Program.) 
Each HIDTA is then eligible to receive Federal assistance and 
funding for joint Federal, State and local law enforcement 
initiatives targeted at drug trafficking activity. The first 
five HIDTAs (Houston, Los Angeles, New York/New Jersey, South 
Florida, and the Southwest Border) were designated in 1990; the 
Program has since expanded to 28 HIDTAs as of fiscal year 2003.
    2. Program Purposes--Prior legislation did not include an 
explicit statement of the purposes of the program. While those 
purposes were long understood by both Congress and ONDCP, the 
Committee believes that an explicit statement will help to 
define more clearly the mission of the Program. Accordingly, 
new section 707(b) provides such a statement. The new 
subsection clearly defines the Program as a law enforcement 
assistance and cooperation program designed to reduce the 
supply of drugs within the nation as a whole.
    3. Designation of high intensity drug trafficking areas; 
criteria for designation--New section 707(c) provides that the 
Director shall retain authority to designate individual HIDTAs. 
The bill adds the Secretary of Homeland Security to the list of 
officials that the Director should consult with before making 
such a designation, to reflect the creation of the Department 
of Homeland Security containing some of the Federal 
government's principal drug interdiction agencies.
    The bill retains the four criteria originally specified by 
Congress for designation of a HIDTA, but clarifies them where 
necessary to ensure that the Program remains focused on 
reducing illegal drug trafficking in the nation as a whole. The 
bill amends the first criterion (new section 707(d)(1)(A)) by 
specifying that the Director should only designate areas under 
the Program that are ``major'' centers of illegal drug 
production, manufacturing, importation or distribution for the 
United States ``as compared to other areas of the United 
States.'' In addition, new section 707(d)(2) sets forth a non-
exclusive list of factors that should be considered by the 
Director in determining whether an area is such a ``major 
center.'' These additional considerations require a fact-based 
analysis of drug trafficking trends and comparison of the 
impact of potential HIDTAs when making the decision to 
designate.
    The third criterion (new section 707(d)(1)(C)) has been 
amended to state that the ``drug-related activities'' set forth 
in the original legislation refer specifically to drug 
``production, manufacturing, importation, or distribution,'' 
and not to other drug-related activities. While the Committee 
believes that all aspects of the drug problem must be addressed 
by the nation's anti-drug strategy, the specific focus of the 
Program must remain on combating the illegal supply of drugs to 
the entire U.S.
    The remaining criteria have been retained in their original 
form. The Committee notes, however, that in determining whether 
the second criterion (section 707(d)(1)(B)) has been met, and 
in allocating funds under the Program pursuant to section 
707(g), the Director should take into account the willingness 
of State and local law enforcement agencies to cooperate with 
their Federal counterparts with respect to all narcotics 
activity illegal under Federal law. The program is a Federal 
program, and the Committee has grave concerns about activities 
of certain State and local law enforcement agencies directly 
participating in the program that have actively hindered 
enforcement of federal narcotics law. Such a failure to fully 
cooperate indicates a lack of (1) full commitment of resources 
to respond to the problem of drug trafficking, and (2) a 
determination to respond aggressively to the problem, and the 
Director should consider such activities in reviewing the 
designation of and discretionary funding for each HIDTA.
    4. Southwest Border High Intensity Drug Trafficking Area--
The Southwest Border HIDTA, which covers the entire land border 
between the United States and Mexico, was one of the original 
five HIDTAs designated in 1990. Over time, the Southwest Border 
HIDTA was subdivided for administrative purposes into five 
regional ``partnerships'': California, Arizona, New Mexico, 
West Texas and South Texas. The overarching Southwest Border 
HIDTA has been preserved, however, for the purpose of ensuring 
a unified, coordinated anti-drug trafficking strategy along the 
Southwest border--an area that remains by far the most 
significant gateway for illegal narcotics. The Committee 
believes that such a unified, coordinated strategy is vital to 
the nation's overall anti-drug efforts. It again emphasizes 
that the HIDTA program is a federal program primarily intended 
to disrupt national drug traffic, and is not intended to serve 
substantially as a local grant program. New section 707(e) 
provides that no county contiguous to the U.S.-Mexico land 
border may be designated as part of any HIDTA except a single 
Southwest Border HIDTA. The bill does not prohibit the 
administrative subdivision of the Southwest Border HIDTA into 
regional partnerships, however, provided that those 
partnerships remain subordinate to the overall HIDTA governing 
structure. Moreover, the bill does not prohibit the designation 
of counties currently part of the Southwest Border HIDTA that 
are not contiguous to the U.S.-Mexico land border as separate 
HIDTAs, provided that they meet the criteria for designation 
set forth in new section 707(d). Any such new HIDTAs, however, 
would not be entitled to funding reserved for the Southwest 
Border HIDTA under new section 707(h)(3).
    5. Removal from designation--Previous law did not 
explicitly state whether the Director could remove an area from 
designation as a HIDTA. The Committee believes that such 
authority, which is necessary to ensure that the Program is 
able to adapt to the changing circumstances of the drug 
trafficking problem, has always been implied by existing law. 
To remove any doubt, however, new section 707(f) expressly 
authorizes and directs the Director to remove all or part of a 
HIDTA from designation under the program where that area no 
longer meets the criteria for designation.
    6. Allocation of funding--The original authorizing 
legislation and subsequent reauthorizations did not specify how 
ONDCP was to allocate the funds appropriated for the program 
among the various HIDTAs; that determination was instead left 
to the discretion of the Director. Even as the program has 
grown from five HIDTAs and a budget of $25,000,000 in fiscal 
year 1990 to 28 HIDTAs and $226,350,000 in fiscal year 2003, 
however, the discretion of the Director has shrunk. 
Appropriations acts have mandated that no HIDTA may be funded 
at a level below the previous fiscal year; the Director has 
thus retained discretion over only approximately $20,000,000 of 
the current budget allocation. This has taken away ONDCP's 
ability to effectively manage the program and direct resources 
to where they are needed most. Unless ONDCP has the authority 
to allocate resources, the program will not be an effective 
tool against the rapidly changing threat of narcotics traffic.
    New section 707(h) gives ONDCP the ability to put HIDTA 
resources where they are needed by requiring 30 percent of 
program funds to be expended in the seven HIDTAs determined to 
have the greatest impact on reducing overall drug trafficking 
in the nation; 25 percent to the nine next most significant 
HIDTAs, and 10 percent to the remaining HIDTAs. Twenty percent 
is guaranteed to go to the Southwest Border HIDTA. Fifteen 
percent of Program funds are to be expended on a discretionary 
basis, in accordance with the criteria set forth in section 
707(h)(5)(B).
    The allocations are based in large part on the current 
funding levels of the program, and the Committee's analysis of 
the activities of and relative threats faced by different 
HIDTAs. The bill does not specify how any individual HIDTA is 
to be classified. That determination is to be made by the 
Director on the basis of a factual assessment of the current 
state of the drug trafficking threat throughout the United 
States. The bill also leaves to the Director's fact-based 
discretion how the funds should be allocated within each of the 
three groups (i.e., the seven most significant, nine next most 
significant, and remaining HIDTAs). Similarly, the bill gives 
the Director authority over how funds should be allocated 
within the Southwest Border HIDTA, with the additional 
provision that the executive board of the Southwest Border 
HIDTA may reallocate up to 5 percent of that HIDTA's total 
allocated funds with the approval of the Director.
    The Committee is aware of concerns raised by some law 
enforcement officials regarding the impact these provisions may 
have on the budgets of individual HIDTAs. The Committee 
believes, however, that given the changing patterns of drug 
trafficking in the nation as a whole, the Director and program 
managers must have the flexibility to adapt to meet shifting 
threats. A HIDTA's budget must be based on the facts, the 
threat assessment and the role of each HIDTA in reducing 
national drug traffic, and not mere administrative convenience 
or political considerations.
    7. Use of funds--Although the Program is a law enforcement 
initiative, several HIDTAs have spent program funds on drug 
treatment and drug use prevention (demand reduction) 
activities. While the Committee strongly believes that the 
Federal government should provide support to these activities 
(programs for which already account for 47 percent of the 
Federal Drug Control Budget), the HIDTA program is not the 
appropriate vehicle. Drug treatment and drug use prevention 
should be carried out by those agencies and programs that 
specialize in these activities; this program should remain 
focused on its law enforcement purpose.
    The 1998 reauthorization legislation sought to redirect the 
Program back to drug supply reduction by specifying that no 
Program funds could be spent to establish or expand drug 
treatment programs (21 U.S.C. 1706(d)). While this provision 
has helped prevent further diversion of law enforcement funds 
to drug treatment, it has not been effective in reducing funds 
being presently diverted to drug treatment, or in preventing 
increased diversion to drug use prevention programs. 
Accordingly, new section 707(i)(1) would prevent Program funds 
from being spent on any drug treatment or prevention programs. 
New section 707(i)(2) exempts the Baltimore/Washington HIDTA 
from this restriction, however, as this HIDTA has historically 
been a combined drug treatment and law enforcement program.
    8. Terrorism activities--In the wake of the September 11, 
2001 terrorist attacks, many Federal agencies, including ONDCP, 
have reallocated resources to meet the increased threat of 
terrorism. The HIDTA program in particular made its 
intelligence-gathering and analysis resources available to 
agencies conducting investigations of terrorist threats. While 
the Committee believes that such temporary reallocations make 
critical contributions and are appropriate where needed, care 
must be taken that significant resources are not directed away 
from the primary mission of fighting traffic in illegal drugs. 
Accordingly, new section 707(j) addresses the use of HIDTA 
resources in anti-terrorism investigations. The bill permits 
the use of program resources to assist Federal, State and local 
law enforcement agencies investigating terrorism. However, such 
assistance must remain incidental to the Program's primary 
mission of reducing drug availability, and the Director is 
required to ensure that significant resources are not diverted 
away from that mission.
    9. Board representation--Each designated HIDTA is governed, 
subject to the authority of the Director, by an executive board 
made up of representatives of participating law enforcement 
agencies. The executive board is responsible for implementing 
the policies of the Program within that HIDTA by, among other 
things, organizing and approving funded initiatives, hiring an 
executive director and other necessary personnel, and 
collecting and reporting data on the state of drug trafficking 
activity within the HIDTA. Under the regulations adopted by 
ONDCP, each executive board is required to be made up of an 
equal number of Federal agency representatives on the one hand, 
and State and local agency representatives on the other. This 
requirement ensures that the proper balance is struck between 
the Federal agencies' mandate to pursue the national goal of 
overall drug supply reduction, and the need to give State and 
local agencies appropriate assistance and incentives to 
participate in the Program.
    The vast majority of HIDTAs are following this important 
requirement, but certain ones are not, raising the possibility 
that these executive boards are failing torespect the proper 
balance in Program needs and priorities. Accordingly, new section 
707(k) directs ONDCP to withhold any funds from any HIDTA or regional 
partnership (including the five partnerships under the Southwest Border 
HIDTA) where the executive board does not have one-half of its voting 
seats reserved for Federal law enforcement agencies, and one-half for 
State and local law enforcement agencies.
    The Committee acknowledges the concern raised by some law 
enforcement officials that an excessive focus on Federal 
missions may discourage State and local law enforcement 
agencies from fully participating in the Program. This concern 
arises not simply in connection with the composition of the 
executive boards, but also in the choice of which initiatives 
to fund and which targets to pursue. The Committee believes 
that ONDCP should take affirmative steps to ensure that these 
concerns are addressed to ensure the full and active 
cooperation of State and local law enforcement in the Program. 
At the same time, it is important to remember that since not 
every part of the country can receive assistance under the 
program, those areas that are designated as HIDTAs have a 
responsibility to spend Federal funds in a manner that has a 
demonstrable impact not simply within the HIDTA, but for the 
rest of the country as well.
    10. Role of Drug Enforcement Administration--Under program 
regulations, each HIDTA is required to create and maintain an 
Intelligence Support Center, where law enforcement personnel 
collect and analyze intelligence shared by participating 
agencies. In most HIDTAs, the Drug Enforcement Administration 
has taken an active role in these Centers reflecting that 
agency's expertise in the analysis of drug trafficking 
intelligence and overall leadership in federal drug 
enforcement. New section 707(l) provides that the Director, in 
consultation with the Attorney General, shall ensure that at 
least one representative of DEA is included in each Center. The 
Committee also believes that such involvement will assist in 
maintaining appropriate focus within each HIDTA on national 
drug traffic.
    11. Authorization of appropriations--As noted above, the 
budget of the Program has expanded from $25,000,000 at its 
inception in 1990, to $226,350,000 in fiscal year 2003. While 
some additional growth could be desirable, the Committee 
believes that substantial increases in funding are not 
necessary to allow it to achieve its objectives; rather, what 
is needed is better management of resources on the basis of 
analysis of the drug trafficking threat. Accordingly, the bill 
authorizes modest increases in the Program budget through 
fiscal year 2008.
    12. Review of current areas--The expansion of the Program's 
budget has been accompanied by equally rapid and extensive 
geographic growth since 1990. Although some of this growth has 
been justified by the extent of the drug trafficking problem, 
the Committee is concerned that designate of some of HIDTAs (or 
their geographic components) may have been more politically 
than factually motivated. Furthermore, the designations of some 
HIDTAs are more than a decade old and may not reflect the 
changing patterns of drug trafficking. This raises the 
possibility that program funds are being expended in areas that 
either never were or are no longer truly ``high intensity'' 
drug trafficking areas, diluting overall effectiveness.
    Accordingly, the bill requires the Director to review the 
designation of each existing HIDTA and its component areas to 
determine if they still warrant designation under the revised 
criteria of new section 707(d). Where a HIDTA or any of its 
constituent geographic components no longer warrants 
designation, the Director is required to terminate the 
designation of that HIDTA or included area. No termination is 
required if the Director determines that each HIDTA (and each 
of its constituent parts) still warrant designation under the 
amended criteria.
    G. Dawson Family Community Protection Act (Section 7)--The 
bill includes the Dawson Family Community Protection Act (H.R. 
1599), originally introduced by Representative Elijah Cummings, 
the Ranking Member of the Subcommittee on Criminal Justice, 
Drug Policy and Human Resources. Section 7 contains H.R. 1599 
in its entirety with only conforming changes. The Committee 
shared the shock of all Americans at the violent death of 
members of the Dawson Family at the hands of drug traffickers, 
and strongly supports the findings and witness protection 
initiatives included in the bill.
    The findings are outlined clearly. They indicate that while 
many citizens and their families want to cooperate with law 
enforcement authorities to rid their neighborhoods of the 
scourge of drug trafficking, the threat of retaliatory violence 
makes such cooperation extremely dangerous, particularly in 
lower income and minority communities. The murders of the 
Dawson family in East Baltimore City, Maryland are a tragic 
illustration of this growing problem.
    Accordingly, new section 707(h)(6) provides that at least 
$1,000,000 of the amounts appropriated for the Program shall be 
used in HIDTAs with severe neighborhood safety and illegal drug 
distribution problems. These funds are to be used in the manner 
provided for in new section 707(h)(6)(B) by protecting 
potential witnesses and facilitating citizens' communication 
with law enforcement authorities concerning illegal drug 
trafficking in their neighborhoods.
    H. Amendments Relating to Counter-Drug Technology 
Assessment Center (Section 8)--The bill changes the current 
designation of the head of the Counter-Drug Technology 
Assessment Center (CTAC) from ``Director of Technology'' to 
``Chief Scientist,'' which reflects customary usage in the 
field.
    The remainder of Section 8 primarily restates existing law, 
with the inclusion of a new requirement that the Chief 
Scientist give priority in distributing law enforcement 
assistance developed under the program most likely to assist in 
drug interdiction and border enforcement to southwest border 
areas and northern border areas with significant traffic in 
illegal drugs. The Secretary of Homeland Security is also added 
as an official required to assist in the assessment of counter-
drug technology.
    I. Repeals (Section 9)--The bill repeals three sections of 
current law. 21 U.S.C. Sec. 1708 formerly provided for a 
senior-level President's Council on Counter-Narcotics within 
the Executive Branch. As a practical matter, the body was never 
formally constituted and did not meet. The Committee believes 
that the Director has been provided clear authority to serve as 
the President's principal advisor with respect to drug control 
policy, and that the existing authority for coordination of 
policy and budgets for the Office serves the intended purpose 
of the previous President's Council. 21 U.S.C. Sec. 1710 
provided certain reporting requirements with respect to drug 
interdiction. Currently pertinent requirements of this nature 
have been moved to the sections relating to the National 
DrugControl Strategy and coordination with other agencies. Finally, 21 
U.S.C. Sec. 1509, which created the ``Special Forfeiture Fund,'' has 
been repealed as that mechanism is no longer used to appropriate funds 
for ONDCP programs.
    J. National Youth Anti Drug Media Campaign (Section 10)--
The National Youth Anti Drug Media Campaign (Media Campaign) is 
in all likelihood the single most important drug prevention 
program operated by the Federal government and one of the most 
critical tools for achieving the President's goal of specific 
reductions in drug abuse among youth. At the same time, 
however, the program has presented by far the greatest 
challenges for reauthorization, as the Committee has been 
required to consider a number of issues relating to program 
focus, management, and performance evaluation. The bill 
responds to these needs and challenges by strongly supporting 
the continuation of the Media Campaign through a five-year 
reauthorization, subject to several reforms intended to address 
ongoing issues.
    The bill incorporates authorization for the Media Campaign, 
which previously had been constituted by free-standing 
authorization, into the Office of National Drug Control Policy 
Reauthorization Act. Unless otherwise indicated in this report, 
it primarily retains the program structure and authorities 
existing in the previous authorization. The Committee made the 
following reforms to the program:
    1. Statement of Purpose--The bill clarifies that the 
primary purpose of the Media Campaign is ``reducing and 
preventing illicit drug use among young people in the United 
States, through mass media advertising.'' By doing so, the 
Committee intends to make clear that the focus of the program 
is to support mass media advertising, predominantly through 
television, radio, and print. Oversight activities have 
suggested that the Media Campaign may be losing its focus 
through diversification into a number of other activities not 
directly related to mass media advertising. Such 
diversification suggests a significant risk that instead of 
concentrating on doing its primary job well, the program could 
be weakening its impact by attempting to dabble in too many 
other areas simultaneously. As originally envisioned when first 
authorized, Congress supported the Campaign for the primary 
purpose of supporting mass media advertising, and the Committee 
expects that function to continue to serve as its main and 
overriding goal.
    2. Creative Services--In considering the question of 
obtaining creative services for Campaign advertising, the 
Committee is forced to balance the original vision of the 
program that such services should almost entirely be provided 
on a pro bono basis by leading advertising firms against the 
demonstrated need of the Director for occasional flexibility in 
creating advertisements to respond to emergent needs or special 
requirements. The most important example of the requirement for 
such flexibility is the well-known ``Drugs and Terrorism'' 
campaign developed quickly in the wake of the September 11, 
2001 terrorist attacks.
    New section 709(b)(2)(A)(i) provides that the Director 
``shall use creative services donated at no cost to the 
Government wherever feasible'' and may only procure creative 
services for advertising responding to high-priority or 
emergent campaign needs that cannot timely be obtained at no 
cost or are intended to reach a minority, ethnic or other 
special audience that cannot be reasonably be obtained at no 
cost. The Committee strongly emphasizes that the use of such 
authority to procure creative services should be exercised as a 
rare exception to the pro bono model in necessary 
circumstances, and not as a rule. Further, new section 
709(b)(2)(A)(ii) limits the amount which can be expended on 
creative services to no more than $1,000,000 each fiscal year, 
except that the Director may expend up to $2,000,000 to meet 
urgent needs on advance approval from the Committee on 
Appropriations. Again, the Committee strongly emphasizes that 
this authority should be used sparingly and that the 
expenditure limits are maximums and not recommended amounts for 
such spending.
    3. Evaluation-Perhaps the most significant issue facing the 
Media Campaign is the need for appropriate means to evaluate 
the effectiveness of individual advertisements and of the 
Campaign as a whole. Under the previous authorization, the 
Office procured an elaborate and expensive evaluation of the 
program conducted by Westat that returned inconclusive results 
difficult to reconcile and consider in the context of the 
performance goals of the President's strategy. The Committee 
agrees with the Director that the Media Campaign is better 
served by methods of evaluation that are less costly and 
elaborate and are tied to performance goals and well-
established industry standards.
    Accordingly, the bill in new Section 709(b)(2)(B) requires 
testing of all Campaign advertisements (with limited stated 
exceptions) to ensure that that they are effective and meet 
industry-accepted standards. More broadly, new Section 
709(b)(2)(C) requires evaluation of the effectiveness of the 
Campaign as a whole based on data from several accepted studies 
that track the level of youth drug abuse. In doing so, the 
Committee intends to rely predominantly on a performance 
measurement that can be directly evaluated, particularly in 
reference to the statutory requirement for each annual Strategy 
to include specific targets to reduce drug abuse.
    The bill also specifically requires the Campaign to be 
evaluated in a manner that enables discrete consideration of 
whether and how it has contributed to reductions of illicit 
drug use among youth. The Committee intends to ensure that some 
method of evaluation be conducted to permit consideration of 
the results of the program proper, and not merely of general 
success in reduction of youth drug use, which could be subject 
to a widely varying array of factors unrelated to the Campaign. 
Such measurements are critical to ensure continued review, 
performance measurement, and accountability for the program. 
The Committee fully agrees with concerns that have been raised 
in this regard by the Committee on Appropriations.
    4. Purchase of Advertising Time and Space--The Committee 
requires in new Section 709(b)(3) that a fixed percentage 
(normally 77%) of amounts appropriated for the Campaign shall 
be used for the purchase of advertising time and space. As 
previously stated, these were the primary intended purposes of 
the Campaign when first created. The Committee believes that 
the restriction is an important means to maintain the focus of 
the program, which currently spends only 74% for those 
purposes. The Committee fully agrees with concerns that have 
been raised in this regard by the Committee on Appropriations.
    The bill reported from the Subcommittee on Criminal 
Justice, Drug Policy and Human Resources contained an 
additional restriction permitting no more than 3% of program 
funds to be expended on certain ancillary activities of the 
Media Campaign, such as entertainment industry outreach, 
corporate outreach, additional media and public information 
efforts, and community partnerships. The Committee ultimately 
determinedthat such a restriction was not necessary in light of 
the restriction contained in new Section 709(b)(3), which ensures that 
proper resources are dedicated to the intended focus of the campaign 
and will require reevaluation of program spending for purposes that 
would have been covered by the 3% cap.
    The Committee strongly emphasizes its view that, of the 
activities that would have been subject to that 3% restriction 
(those authorized in subparagraphs (G) and (H) of new 
Subsection 709(b)(1)), the Media Campaign should make 
interactive outreach and efforts to reach minority and 
underserved communities a priority. Such activities currently 
account for 1.4% of program spending and easily would have been 
accommodated under the 3% cap. The Committee continues to have 
significant reservations about the effectiveness, lack of 
meaningful performance measurement, and potential for lack of 
focus implicated by the other activities that would have been 
subject to the cap, such as entertainment industry outreach and 
corporate partnerships. It will continue to conduct careful 
oversight of those activities.
    5. Prohibitions--The bill retains prohibitions contained in 
existing law and tightens them in many respects to clarify that 
campaign advertising may not be used for express advocacy in 
support of or to defeat any clearly identified candidate, 
clearly identified ballot initiative, or clearly identified 
legislative or regulatory proposal. In discussions among 
members of the Committee regarding the bill, there was clear 
bipartisan consensus in favor of such additional restrictions.
    The bill also removed a provision of existing law that 
required notification to the Committee of any appearance of 
certain elected and politically appointed officials in Campaign 
advertising to prohibit such appearances entirely. The 
Committee was informed that the Campaign has never in fact 
included advertising containing such officials. The prohibition 
textually applies only to advertising, and it is not the 
intention of the Committee for it to apply to video news 
releases issued by the Campaign, which occasionally include 
appearances by the Director.
    The bill also prohibits funding of (1) advertising that 
does not contain a primary message intended to reduce or 
prevent illicit drug use and (2) advertising containing a 
primary message intended to promote support for the Media 
Campaign or private sector contributions to the Media Campaign. 
Once again, the primary purpose of the Campaign is to prevent 
drug abuse among youth. The Committee on a bipartisan basis has 
been disturbed by Media Campaign advertising not directed at 
youth or parents to aid in youth prevention. Several 
advertisements funded by the Media Campaign in public opinion 
publications appeared focused on self-congratulation for the 
program itself and, perhaps indirectly, at winning support for 
the program within the policy community. These advertisements 
contained no direct drug prevention messages. Oversight 
activities of the Committee determined that a not insubstantial 
amount of campaign resources were expended in this regard. The 
Committee believes that such advertising is inappropriate 
within the Media Campaign and intends to prohibit it by these 
provisions.
    6. Match Requirement--New Section 709(e)(1) retains the 
requirement of existing law that each advertisement purchased 
by the Campaign be matched in kind by the providers of 
advertising time. The requirement has been a highly successful 
component of the Media Campaign and the Committee recognizes 
the countless contributions of a diverse array of Americans to 
the Media Campaign under the matching requirement.
    A new provision, Section 709(e)(2), is added relating to 
the allocation of advertising time obtained under the media 
match, requiring at least 70 percent of no-cost match 
advertising to directly relate to substance abuse. It is the 
intention of the Committee that the term ``substance abuse 
prevention'' in this section be interpreted to apply only to 
prevention of illicit drug use. Again, the provision is 
intended to maintain the focus of the Media Campaign on its 
intended primary purpose of airing anti-drug ads. While the 
Committee supports the limited provision of available match 
advertising time to community and other groups, the Campaign 
should first use available match advertising time in 
furtherance of its primary goal.
    A related concern is addressed in new Section 709(e)(3), 
which requires that no-cost match advertising not directly 
related to substance abuse include a clear anti-drug message, 
which is not required to be the primary message of the match 
advertising. It is the Committee's intention that such a 
message may be brief and limited, such as a hypothetical 
``tag'' at the end of the ad mentioning that participation in a 
community group using the time is ``an anti-drug,'' or 
otherwise briefly reinforcing the prevention messages of the 
Campaign. As recipients of no-cost match advertising time are 
receiving free air time provided for the purpose of drug 
prevention advertising, the Committee believes that this 
requirement is appropriate within the overall context of the 
Campaign and does not pose an undue burden.
    The inclusion of the requirement for a clear anti-drug 
message in each match ad resulted in the removal of a provision 
included in the Subcommittee bill that would have removed the 
requirement for match advertising unrelated to drug prevention 
to be ``tagged'' as originating from the Office of National 
Drug Control Policy and the Media Campaign. While such a 
statutory clarification would continue to be wholly appropriate 
for match advertising containing no anti-drug message, the 
Committee believes that the mandatory inclusion of such a 
message in each advertisement makes it appropriate to continue 
identifying such advertising as originating with the Media 
Campaign.
    7. Strategic Guidance and Donations--The Partnership for a 
Drug-Free America, a pro bono coalition of leading advertising 
agencies, has served as a national leader in drug prevention 
advertising since well before the creation of the Media 
Campaign, which was intended to take maximum advantage of the 
skills and expertise of the Partnership in conducting the 
Campaign. The bill provides that 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 
federal funds as otherwise permitted in the bill. The Committee 
believes that this provision properly recognizes the historic 
role of the Partnership in national drug prevention advertising 
and its intended significant participation in the Media 
Campaign. It notes that the provision in no way prohibits the 
Director from receiving strategic advice or donation of 
creative and other services from other outside entities, nor 
does it require any specific role in Campaign management and 
strategic development for the Partnership other than an 
advisory capacity.
    The Committee appreciates the efforts of the senior 
leadership of ONDCP and the Partnership to work closely 
together to pursue Campaign goals. It is concerned, however,at 
what has occasionally appeared to be significant (yet at the same time 
insubstantial) institutional friction between the two entities, which 
in one instance directly and improperly impacted the proceedings of the 
Committee. The Committee encourages all parties to continue to work 
together under the leadership of Director Walters toward a primary goal 
of ensuring a creative and effective Media Campaign in pursuit of the 
President's goal of reducing illicit drug use among youth.
    8. Report to Congress--The bill requires an annual report 
to Congress on the Media Campaign, the requirements of which 
are clearly stated. The provision was originally included in 
legislation to reauthorize the Media Campaign sponsored by 
Representative Portman.
    Incident to debate at markup of the bill, the Committee 
notes its understanding that the Office of National Drug 
Control Policy has agreed to notify the Chairman and Ranking 
Member of the Subcommittee on Criminal Justice, Drug Policy and 
Human Resources in writing of new Media Campaign national 
television advertisements on the date of first airing, to 
provide a brief description of the subject matter of each 
advertisement, and to make those advertisements available for 
viewing by members of the Committee on request at ONDCP on the 
date of first airing. Such notification and availability is 
without prejudice to usual requests and oversight relating to 
advertisements after the date of first airing.
    9. Prevention of Marijuana Use--New section 709(j) contains 
specific findings related to marijuana that are clearly stated, 
and specifically provides that the Director may emphasize 
prevention of youth marijuana use in conducting advertising and 
activities otherwise authorized by the bill. The Committee 
notes the bipartisan support of its members for this provision.
    10. Authorization of Appropriations (Media Campaign)--The 
Media Campaign is authorized to expend $195 million for each of 
Fiscal Years 2004 and 2005 and $210 million for each of Fiscal 
Years 2006 through 2008.
    K. Authorization of Appropriations (Section 11)--The 
authorization for appropriation of such sums as are necessary 
does not apply to the High Intensity Drug Trafficking Areas 
Program and the National Youth Anti Drug Media Campaign, each 
of which is provided with a specific authorization ceiling in 
the relevant section.
    L. Extension of Termination Date (Section 12)--The Office 
and its programs are reauthorized through September 30, 2008.

                  BACKGROUND AND NEED FOR LEGISLATION

    The current authorization for the Office of National Drug 
Control Policy (ONDCP) expires on September 30, 2003. The 
office was originally created in 1988 and the Director serves 
as the President's principal advisor for drug control policy 
development and coordination. ONDCP's current statutory mission 
is twofold: 1) to coordinate the Nation's efforts to reduce the 
use, manufacturing, and trafficking of illicit drugs, and 2) to 
reduce the associated crime, violence, and health consequences 
of illicit drug use.
    Since its inception, the ONDCP has been the cornerstone of 
federal drug policy in America, improving the lives of all 
Americans by reducing the impact of drugs and the consequences 
of their abuse in our society and communities. Congress 
established the office through the Anti-Drug Abuse Act of 1988 
and the current statutory authorization will expire this 
September. The Director advises the President on national and 
international drug control policies and strategies, formulates 
the National Drug Control Strategy, reviews and certifies the 
budgets of National Drug Control Program Agencies, and works to 
ensure the effective coordination of drug programs by the 
National Drug Control Program agencies.
    The Director reviews the annual budget requests for each 
federal department and agency charged with implementing a 
federal drug control program and is empowered to require 
funding levels and initiatives the Director believes are 
sufficient for those goals. Additionally, the National Drug 
Control Strategy is submitted to Congress annually to 
coordinate the Nation's anti-drug efforts and establish 
programs, budgets, and guidelines for cooperation among 
Federal, state, and local entities. The document contains a 
number of mandated statistics and assessments related to drug 
policy and serves as a strategic review of federal programs by 
evaluating their coordination and effectiveness.
    ONDCP also administers approximately $500 million in 
programs, including: the High Intensity Drug Trafficking Areas 
(HIDTA) program, which provides assistance for state and local 
law enforcement to work with federal agencies to stop drug 
traffic in critical areas of the country impacting national 
drug traffic, the National Youth Anti-Drug Media Campaign that 
supports the airing of anti-drug television and print ads, the 
Drug-Free Communities grant program, and the Counter Drug 
Technology Assessment Center (CTAC).
    To carry out these responsibilities at a senior level, in 
addition to the Director, ONDCP also authorizes a Deputy 
Director of National Drug Control Policy and Deputy Directors 
for Demand Reduction, Supply Reduction, and State and Local 
Affairs, all of whom are appointed by the President with the 
advice and consent of the Senate. ONDCP has a total staff of 
approximately 110 employees and an overall budget of 
approximately $523 million.
    H.R. 2086 aims to provide the best possible support for the 
Administration and Director Walters in implementing the 
Administration's strategy. In order to improve the efficiency 
of ONDCP, the bill streamlines and reduces some outdated 
reporting and structural requirements that are required by 
current law. The bill retains each of the key powers and 
authorities of the Director and the Office, most notably 
including authorities to review and set federal agency budgets 
for drug control matters, to develop and issue the National 
Drug Control Strategy, and to coordinate federal activities 
related to drug control. Both of the National Youth Anti-Drug 
Media Campaign and the High Intensity Drug Trafficking Areas 
programs have grown in ways that were not originally intended. 
As a result, significant reforms were made to these programs to 
ensure that they remain effective. It is important to keep them 
accountable and dedicated to their core purposes. The bill 
authorizes the Office of National Drug Control Policy and 
related programs (including the High Intensity Drug Trafficking 
Areas Program and the National Youth Anti-Drug Media Campaign) 
for five years, through the end of fiscal year 2008.

                    COMMITTEE HEARINGS AND TESTIMONY

    On May 22, 2003, the Committee on Government Reform held a 
hearing to consider the ``Office of National Drug Control 
Policy Reauthorization Act of 2003.'' The committee heard 
testimony from ONDCP Director John P. Walters. The hearing 
served as an opportunity for Members to discuss national drug 
control policy programs and the reauthorization legislation 
with Director Walters. In general, Director Walters 
wassupportive of the bill and agreed with the improvements made to 
ensure that ONDCP programs are run in an efficient and effective 
manner.
    The Subcommittee on Criminal Justice, Drug Policy, and 
Human Resources conducted a series of hearings regarding the 
reauthorization of the Office and its programs. On March 5, 
2003, the Subcommittee held a hearing to review general issues 
related to reauthorization and received testimony from Director 
Walters. On March 27, 2003, the Subcommittee held a hearing 
with respect to the National Youth Anti Drug Media Campaign at 
which it received testimony from Representative Rob Portman, 
ONDCP Chief of Staff Chris Marston, Partnership for a Drug Free 
America President Steve Pasierb, Mr. David McConnaughey of 
Ogilvy and Mather, and Ms. Peggy Conlon, President of the Ad 
Council.
    On April 8, 2003 the Subcommittee held a hearing on the 
High Intensity Drug Trafficking Areas program and the 
Counterdrug Technology Assessment Center at which it received 
testimony from ONDCP Deputy Director for State and Local 
Affairs Scott Burns, Drug Enforcement Administration Chief of 
Operations Roger Guevara, and several state and local law 
enforcement officials.

                      Section-by-Section Analysis


Section 1. Short title, references, table of contents

    This first section designates the bill as the ``Office of 
National Drug Control Policy Reauthorization Act of 2003'' and 
notes that the legislation amends and repeals in part the 
Office of National Drug Control Policy Reauthorization Act of 
1998.

Section 2. Definitions

    This section clarifies the definition of various terms 
related to drug control defined in the Act, which also affect 
the responsibilities of certain Deputy Directors within the 
Office. The term ``demand reduction'' is amended to include 
``interventions for drug abuse and dependence'' and 
``international drug control coordination and cooperation'' 
with respect to drug demand reduction activities. Domestic law 
enforcement activities are redefined as part of ``State and 
local Affairs'' instead of ``supply reductions''. The term 
``international drug control'' within ``supply reduction'' is 
defined more explicitly to include interdiction, source country 
programs, and law enforcement outside the United States.

Section 3. Appointment and duties of Director and Deputy Director

    Section 3 makes amendments to the specific duties of the 
Director and Deputy Director of National Drug Control Policy. 
These changes apply to budget and drug certification processes 
along with other duties of the Director and Deputy Director. 
Existing law is amended to provide that any ``officer or 
employee'' may serve as the Director in the absence of the 
Director. The change clarifies that politically appointed 
officers may serve as the Acting Director. Additionally, the 
term ``Federal departments and agencies engaged in drug 
enforcement'' is changed to ``national drug control program 
agencies'' to conform to the term already defined in the 
statute.
    Outlined in this section are the duties of the Director 
pertaining to budget certification processes. The Director is 
prohibited from certifying the adequacy of any drug control 
program budget request that (1) fails to adequately compensate 
for transfers of drug enforcement resources to non-drug related 
activities; (2) requests funding for border activities that do 
not adequately address drug interdiction; (3) requests funding 
for drug treatment activities that do not provide result and 
accountability measures; (4) requests funding for drug 
treatment activities that do not adequately support and enhance 
federal drug treatment programs and capacity; or (5) request 
for funding for Department of Education drug control programs 
that do not follow reporting requirements concerning expedited 
consideration of student loan applications from improperly 
denied students.
    In three instances, the bill adds requirements for 
authorizing committees for the Office to receive notification 
whenever the Director exercises certain authorities with 
respect to federal drug control budgets and funding. 
Additionally, the Director's authority to issue Fund Control 
Notices is clarified to extend to all drug control program 
agencies.
    The Director's authority to participate in the annual drug 
certification process is clarified to include the recently 
amended certification process. In addition, the Director is 
required to submit a report to the President each year 
providing the an assessment of whether major drug transit or 
production countries are fully cooperating with the United 
States, and whether certain procedures provided for in the 
amended law with respect to countries not fully cooperating 
should be applied. The Director is also required to transmit 
the report to the Secretary of State and authorizing committees 
for the Office.
    The Director's authority to appoint the United States 
Interdiction Coordinator independently of the position of 
Counternarcotics Office at the Department of Homeland Security 
is clarified, so long as the appointee does not head any other 
federal department, agency, or subagency involved in narcotics 
interdiction.
    A new requirement for a South American Heroin Strategy was 
established in this reauthorization Act. This provision 
requires the Director to provide Congress with a comprehensive 
strategy that addresses the increased threat from South America 
heroin, and particular Colombian heroin. The strategy should 
include opium eradication efforts to eliminate the problem at 
the source to prevent it from reoccurring before the heroin 
enters the stream of commerce, interdiction and precursor 
controls, along with demand reduction and treatment. The 
strategy should also ensure the maintenance at current levels 
of efforts to eradicate coca in Colombia and should assess the 
level of additional funding and resources necessary to 
simultaneously address both threats. The report is due no more 
than 90 days after enactment.

Section 4. Coordination with other agencies

    This section provides for a number of required reports from 
Federal departments on drug control issues to the Director and 
authorizing committees for the Office. The Secretaries of 
Agriculture and Interior are required to submit an assessment 
on illegal drug cultivation on public lands. The Attorney 
General is required to submit a report on arrests, 
prosecutions, and seizures related to drugs. The Secretary of 
Homeland Security is required to submit a report on drug 
seizures and air and maritime patrol hours dedicated to drug 
supply reduction. The Secretary of Defense is required to 
submit a report on air and maritime patrol hours dedicated to 
drug supply reduction.

Section 5. National Drug Control Strategy

    This section significantly revises the process and content 
for the National Drug Control Strategy. Existing requirements 
for a five-year strategy followed by annual updates, each 
containing extensive specific information mandated by statute, 
are eliminated and replaced. The bill provides for submission 
of an annual strategy thatmaintains the principles but not the 
detailed requirements of previous law to enhance the flexibility of the 
Director and the responsiveness of the process to emerging conditions. 
The Director is also required to annually submit a description of a 
performance measurement system for the National Drug Control Strategy 
and drug control program agencies.
    Under the revised process, the Strategy must include (1) 
comprehensive goals for reducing drug use; (2) annual 
objectives and specific targets to accomplish and evaluate 
progress toward reduction in drug use; (3) a strategy to reduce 
the availability and purity of illegal drugs; (4) an assessment 
of federal effectiveness in accomplishing the previous year's 
strategy; (5) notification of budget priorities expected to 
significantly change over the next five years; (6) a review of 
international, state and local, and private sector drug control 
activities to ensure coordination; (7) statistical data deemed 
appropriate by the Director to demonstrate and assess drug 
trends (including a standardized assessment of the 
effectiveness of drug treatment programs); and (8) a supplement 
reviewing the activities and progress of each individual drug 
control program agency during the previous year.
    The Director is required to continue consultation with 
appropriate outside individuals and entities in developing the 
strategy, as under existing law. The bill restates provisions 
of existing law relating to the Director's authority with 
respect to the El Paso Intelligence Center and the National 
Drug Intelligence Center, and adds a new provision allowing the 
Director to make recommendations regarding research at the 
National Institutes of Health supporting the National Drug 
Control Strategy. The Director is also required to annually 
submit a description of a performance measurement system for 
the National Drug Control Strategy and drug control program 
agencies.

Section 6. High Intensity Drug Trafficking Areas

    This section addresses the High Intensity Drug Trafficking 
Areas (HIDTA) program, adding several new provisions to the 
existing statutory authorization for the program, which 
contains limited guidance. The Secretary of Homeland Security 
is added as an official the Director is required to consult 
before designating a HIDTA.
    The criteria for designating HIDTAs are modified to require 
consideration of whether (1) the area is a major center for 
illegal drug production, manufacturing, importation or 
distribution for the United States; (2) 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; (3) drug-
related production, manufacturing, importation, or distribution 
centered in the area is having a harmful impact in other areas 
of the United States; and (4) a significant increase in 
allocation of Federal resources is necessary to respond 
adequately to drug-related activities in the area. Specific 
criteria are included for evaluating whether an area is a major 
center for drug traffic as compared to other areas of the 
United States, including the quantity of drug production, 
transit, arrests, and prosecutions in the area.
    The Director is prohibited from designating any county 
adjacent to the Mexican land border in any HIDTA other than the 
Southwest Border HIDTA. The Director is given authority to 
remove an area or portion of an area from designation as a 
HIDTA using the same factors governing designation of a HIDTA. 
Furthermore, the bill requires review of each existing HIDTA to 
determine whether it continues to warrant designation and 
removal of any HIDTA no longer warranting designation.
    Funding for individual HIDTAs must be allocated as follows: 
30 percent to the seven HIDTAs (excluding the Southwest Border) 
the Director determines have the greatest impact on reducing 
overall drug traffic in the United States; 25 percent to the 
nine HIDTAs (excluding the Southwest Border) the Director 
determines have the next greatest impact on reducing overall 
drug traffic in the United States; 20 percent in the Southwest 
Border HIDTA; 10 percent in the remaining HIDTAs, and 15 
percent to be allocated by the Director on a discretionary 
basis considering the impact on reducing overall drug traffic 
in the United States.
    The bill restates current law regarding the Director's 
authority to reassign federal personnel to HIDTAs and otherwise 
increase federal assistance. The Director is prohibited from 
expending funds for drug prevention or drug treatment programs 
in any HIDTA except the Baltimore/Washington HIDTA. The 
Director is authorized to permit HIDTA assistance to 
investigations related to terrorism, but is required to ensure 
that such assistance remains incidental and that significant 
resources of the program are not redirected to activities 
exclusively related to terrorism. A representative of the Drug 
Enforcement Administration must be included in the Intelligence 
Support Center of each HIDTA.
    The HIDTA program is authorized at $230 million in fiscal 
year 2004, $240 million in Fiscal Years 2005 and 2006, and 
$250,000,000 in Fiscal Years 2007 and 2008.

Section 7. Funding for Certain High Intensity Drug Trafficking Areas

    This section may be referred to as the ``Dawson Family 
Community Protection Act.'' It includes findings expressing the 
sense of Congress regarding the firebombing of the Dawson 
family home in October, 2002, the need for cooperation of 
citizens in law enforcement, and the need for initiatives aimed 
at improving community safety and encouraging cooperation to 
counter illegal drug traffic. The Director is directed to 
ensure that at least $1 million in HIDTA funding is used in 
areas with severe neighborhood safety and illegal drug 
distribution problems to ensure neighborhood safety and combat 
illegal drug trafficking.

Section 8. Counterdrug Technology Assessment Center

    Section 8 contains provisions relating to the Counterdrug 
Technology Assessment Center. The title of ``Director of 
Technology'' within ONDCP is changed to ``Chief Scientist.'' 
Explicit authority is added for the Chief Scientist to oversee 
and coordinate a technology transfer program to state and local 
law enforcement. The Chief Scientist is also required to give 
priority in transferring technologies most likely to assist in 
drug interdiction and border enforcement to agencies in 
southwest border areas and northern border areas with 
significant traffic in illegal drugs. The Substance Abuse and 
Mental Health Administration is included in the list of 
agencies to be consulted with respect to technology research 
related to drug treatment.

Section 9. Repeals

    This section repeals certain provisions of existing law. 
The President's Council on Counternarcotics is abolished. A 
requirement of existing law for specific reports related to 
drug interdiction is repealed; the duties are restated in 
revised form in other sections of the bill.

Section 10. National Youth Anti-Drug Campaign

    Section 10 contains provisions relating to the National 
Youth Anti-Drug Media Campaign. The bill restates existing law 
authorizing the Media Campaign. The purpose of the Campaign is 
restated as ``reducing and preventing illicit drug abuse among 
young people in the United States delivered through mass media 
advertising''
    Authorization to use funds for creative and talent costs is 
narrowed to provide that the Director shall use donated 
creative services wherever possible and may only use funds for 
creative services for advertising responding to high-priority 
or emergent campaign needs that cannot timely be obtained at no 
cost, or intended to reach a minority, ethnic or other special 
audience that cannot be obtained at no cost. Funding for 
creative services is limited to $1 million per fiscal year, 
unless the Director demonstrates and the Appropriations 
Committee approves increased funding for urgent needs, which 
may not exceed $2 million.
    The Director is required to test all advertisements to 
ensure they are effective and meet industry-accepted standards. 
The requirement can be waived for advertisements making up no 
more than 10 percent of the airtime and print space of the 
campaign. The Director is also required to designate an 
independent entity to evaluate the effectiveness of the 
campaign using certain specified data. This independent entity 
is also required to ensure 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 and such other measures of evaluation 
as the Director determines are appropriate.
    The bill requires that 77 percent of the amounts 
appropriated for the media campaign must be used for the 
purchase of advertising time and space. The limit changes to 82 
percent when less than $125 million is appropriated for the 
program and 72 percent when more than $195 million is 
appropriated for the program. The bill prohibits funding for 
advertising not containing a primary message intended to 
prevent illicit drug use or intended to promote support for the 
media campaign or private sector contributions to the media 
campaign. In addition to the existing prohibition on 
expenditure of campaign funds for partisan political activity, 
the bill prohibits express advocacy in support of or to defeat 
any clearly identified candidate, clearly identified ballot 
initiative, or clearly identified legislative or regulatory 
proposal. The appearance of certain elected and politically 
appointed officials in Media Campaign advertising is also 
prohibited.
    The Director is required to ensure that 70% of no-cost 
match advertising directly relates to substance abuse 
prevention consistent with the specific purposes of the media 
campaign. The limit changes to 85% in any fiscal year in which 
less than $125 million is appropriated to the media campaign. 
In addition, the Director is required to ensure that no-cost 
match advertising that does not directly relate to substance 
abuse prevention include a clear anti-drug message, which is 
not required to be the primary message of the match 
advertising.
    The bill provides that 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 those 
funded under authorities provided elsewhere in the bill. The 
Director shall inform the Partnership of the strategic goals of 
the campaign and consider advice from the Partnership on 
campaign strategy.
    The bill also restates provision of current law requiring 
certain information on local treatment resources to be included 
in media campaign advertising where feasible.
    Congress makes several findings regarding marijuana use by 
America's youth. The Director is authorized to emphasize 
prevention of youth marijuana use in advertising and activities 
otherwise authorized in this section.
    The bill requires an annual report to Congress on the 
performance of the media campaign. The media campaign is 
authorized at $195 million in Fiscal Years 2004 and 2005, $210 
million in Fiscal Years 2006 through 2008.

Section 11. Authorization of appropriations

    Section 11 authorizes appropriations for ONDCP activities 
through fiscal year 2008. Except activities otherwise 
specified, such sums as are necessary are authorized to be 
appropriated for fiscal years 2004 through 2008.

Section 12. Extension of termination date

    Section 12 extends the sunset date for the Office of 
National Drug Control Policy to September 30, 2008.

                       Explanation of Amendments

    The provisions of the substitute are explained in this 
report.

                        COMMITTEE CONSIDERATION

    Criminal Justice, Drug Policy, and Human Resources 
Subcommittee Chairman Mark Souder (IN) and Government Reform 
Committee Chairman Tom Davis (VA) introduced H.R. 2086 on May 
14, 2003. The bill was referred to the Government Reform 
Committee, the Judiciary Committee, the Energy and Commerce 
Committee, and the Permanent Select Committee on Intelligence.
    On Thursday, May 15, 2003, the Criminal Justice, Drug 
Policy, and Human Resources Subcommittee approved the bill by 
voice vote and adopted three amendments offered by Subcommittee 
Ranking Member Elijah Cummings (MD). The first two amendments 
would require the ONDCP Director to only certify budget 
requests that are greater than the amounts appropriated for the 
current fiscal year, specifically for the Substance Abuse 
Prevention and Treatment Block Grant program, or any successor 
program, and the Targeted Capacity Expansion grant program. The 
third amendment adopted by the Subcommittee would require the 
Department of Education to develop a plan to provide 
appropriate redress for applicants for any federal grant, loan, 
or work assistance who were falsely denied because they were 
convicted of a drug related offense occurring before they 
applied for such federal assistance.
    On June 5, 2003, the Committee on Government Reform met in 
open session to consider H.R. 2086 along with one other bill. 
The Committee favorably approved the bill as amended by voice 
vote and reported it to the House of Representatives.
    At the full committee business meeting, an amendment in the 
nature of a substitute offered by Criminal Justice, Drug Policy 
and Human Resources Subcommittee Chairman Mark Souder (IN) was 
approved by voice vote. Ranking Member Henry A. Waxman (CA) 
offered an amendment that would have given the Director of 
ONDCP the discretion to decide whether to oppose efforts to 
legalize federally controlled substances.Currently, the 
Director is required to actively oppose such efforts. The amendment was 
rejected by voice vote. Representative Carolyn Maloney (NY) offered and 
then agreed to withdraw an amendment that would have directed the ONDCP 
to submit its advertisements from the National Youth Anti-Drug Media 
Campaign to Congress 30 days before releasing them to the public.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of each bill to the legislative 
branch. This benefits of this bill apply equally to employees 
of the the legislative branch.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(2) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of the report.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 2086. The constitutional authority to enact 
this law lies within the General Welfare and Necessary and 
Proper clauses of Article I, Section Eight of the United States 
Constitution.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the reported include unfunded mandates. In 
compliance with this requirement the Committee has received a 
letter from the Congressional Budget Office included herein.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 2086. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 2086 from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 16, 2003.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed estimate for H.R. 2086, the Office of 
National Drug Control Policy Reauthorization Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 2086--Office of National Drug Control Policy Reauthorization Act 
        of 2003

    Summary: H.R. 2086 would reauthorize the Office of National 
Drug Control Policy (ONDCP) and programs administered by that 
office through 2008. Major programs, most of which are 
currently authorized through 2003, include the High Intensity 
Drug Trafficking Areas program, the National Youth Anti-Drug 
Media Campaign, and the Counterdrug Technology Assessment 
Center.
    In total, CBO estimates that the bill would authorize the 
appropriation of $573 million in 2004. CBO estimates that 
implementing H.R. 2086 would cost $2.5 billion over the 2004-
2008 period, assuming appropriation of the necessary amounts.
    By reauthorizing ONDCP's authority to accept and spend 
gifts, enacting H.R. 2086 could affect direct spending and 
revenues, but CBO estimates that any such impact would be 
negligible.
    H.R. 2086 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2086 is shown in the following table. 
The costs of this legislation fall within budget functions 750 
(administration of justice) and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
 Spending Under Current Law:
    Budget Authority \1\..................................      521        0        0        0        0        0
        Estimated Outlays.................................      355      284       79       11        0        0
Proposed Changes:
    High Intensity Drug Trafficking Areas:
        Authorization Level...............................        0      230      240      240      250      250
        Estimated Outlays.................................        0       58      198      227      242      249
    National Youth Anti-Drug Media Campaign:
        Authorization Level...............................        0      195      195      210      210      210
        Estiamted Outlays.................................        0       59      156      200      207      210
    Other Federal Drug Control Programs:
        Estimated Authorization Level.....................        0       73       75       76       78       80
        Estiamted Outlays.................................        0       22       59       75       76       78
    Office of National Drug Control Policy:
        Estimated Authorization Level.....................        0       26       27       28       28       29
        Estimated Outlays.................................        0       22       26       27       27       28
    Counterdrug Technology Assessment Center:
        Estimated Authorization Level.....................        0       49       50       51       52       53
        Estimated Outlays.................................        0       45       50       51       52       53
Total Proposed Changes:
    Estimated Authorization Level.........................        0      573      587      605      618      622
    Estimated Outlays.....................................        0      206      489      580      604      618
Total Spending Under H.R. 2086:
    Estimated Authorization Level.........................      521      573      587      605      618      622
    Estimated Outlays.....................................      355      490      568      591      604      618
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for programs administered by the Office of National
  Drug Control Policy.

Notes.--Components may not sum to totals because of rounding.

    Basis of Estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2003, that the 
necessary amounts will be provided each year, and that spending 
will follow historical patterns for the ONDCP and its programs.

Spending subject to appropriation

    The bill would authorize the appropriation of $230 million 
in fiscal year 2004, $240 million annually over the 2005-2006 
period, and $250 million annually over the 2007-2008 period for 
the High Intensity Drug Trafficking Areas program. In addition, 
H.R. 2086 would authorize the appropriation of $195 for each of 
fiscal years 2004 and 2005 and $210 million annually over the 
2006-2008 period for the National Youth Anti-Drug Media 
Campaign program. CBO estimates that implementing those 
programs over the 2004-2008 period would cost $1.8 billion.
    In addition, H.R. 2086 would authorize the appropriation of 
such sums as necessary to operate other federal drug control 
programs, ONDCP, and the Counterdrug Technology Assessment 
Center through fiscal year 2008. The current authorization for 
ONDCP expires at the end of fiscal year 2003.
    Because the bill does not specify funding levels, CBO 
estimated the cost of continuing to operate other federal drug 
control programs, ONDCP, and the Counterdrug Technology 
Assessment Center by adjusting 2003 funding for anticipated 
inflation. On that basis, we estimate that implementing those 
programs over the 2001-2008 period would cost $690 million.

Revenues and direct spending

    H.R. 2086 would reauthorize ONDCP to accept donations of 
real and personal property. Gifts are classified in the budget 
as revenues, and spending of such sums would constitute direct 
spending. According to ONDCP, it has not received any gifts in 
recent years and does not expect to receive any under this 
authority. Hence, CBO estimates that additional revenues and 
direct spending under H.R. 2086 would be negligible.
    Intergovernmental and private-sector impact: H.R. 2086 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on state, local, or tribal governments.
    Estimate prepared by: Federal costs: Matthew Pickford and 
Mark Grabowicz; Impact on State, local, and tribal governments: 
Victoria Head Hall; Impact on the private sector: Paige Piper/
Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 1998

           *       *       *       *       *       *       *



TITLE VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION

           *       *       *       *       *       *       *



SEC. 702. DEFINITIONS.

  In this title:
          (1) Demand reduction.--The term ``demand reduction'' 
        means any activity conducted by a National Drug Control 
        Program agency, other than an enforcement activity, 
        that is intended to reduce the use of drugs, 
        including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) drug-free workplace programs; [and]
                  (G) drug testing[.];
                  (H) interventions for drug abuse and 
                dependence; and
                  (I) international drug control coordination 
                and cooperation with respect to activities 
                described in this paragraph.

           *       *       *       *       *       *       *

          (9) Office.--Unless the context clearly [implicates] 
        indicates otherwise, the term ``Office'' means the 
        Office of National Drug Control Policy established 
        under section 703(a).
          (10) State and local affairs.--The term ``State and 
        local affairs'' means domestic activities conducted by 
        a National Drug Control Program agency that are 
        intended to reduce the availability and use of drugs, 
        including--
                  (A) * * *
                  (B) promotion of coordination and cooperation 
                among the drug supply reduction and demand 
                reduction agencies of the various States, 
                territories, and units of local government; 
                [and]
                  (C) such other cooperative governmental 
                activities which promote a comprehensive 
                approach to drug control at the national, 
                State, territory, and local levels[.]; and
                  (D) domestic drug law enforcement, including 
                law enforcement directed at drug users.
          (11) Supply reduction.--The term ``supply reduction'' 
        means any activity of a program conducted by a National 
        Drug Control Program agency that is intended to reduce 
        the availability or use of drugs in the United States 
        and abroad, including--
                  (A) international drug control (including 
                source country programs, and law enforcement 
                outside the United States);
                  (B) foreign and domestic drug intelligence; 
                and
                  (C) interdiction[; and].
                  [(D) domestic drug law enforcement, including 
                law enforcement directed at drug users.]

SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.

  (a) * * *
  (b) Director and Deputy Directors.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Other deputy directors.--There shall be in the 
        Office--
                  (A) a Deputy Director for Demand Reduction, 
                who shall be responsible for the activities 
                described in subparagraphs (A) through [(G)] 
                (H) of section 702(1);

           *       *       *       *       *       *       *

                  (C) a Deputy Director for State and Local 
                Affairs, who shall be responsible for the 
                activities described in subparagraphs (A) 
                through [(C)] (D) of section 702(10) [and 
                subparagraph (D) of section 702(11)].

           *       *       *       *       *       *       *


SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS.

  (a) Appointment.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Designation of other officers.--In the absence of 
        the Deputy Director, or if the Office of the Deputy 
        Director is vacant, the Director shall designate such 
        other [permanent employee] officer or employee of the 
        Office to serve as the acting Director, if the Director 
        is absent or unable to serve.

           *       *       *       *       *       *       *

  (b) Responsibilities.--The Director--
          (1) * * *

           *       *       *       *       *       *       *

          (4) shall make such recommendations to the President 
        as the Director determines are appropriate regarding 
        changes in the organization, management, and budgets of 
        [Federal departments and agencies engaged in drug 
        enforcement,] National Drug Control Program agencies, 
        and changes in the allocation of personnel to and 
        within those departments and agencies, to implement the 
        policies, goals, priorities, and objectives established 
        under paragraph (1) and the National Drug Control 
        Strategy;

           *       *       *       *       *       *       *

          (12) shall ensure that no Federal funds appropriated 
        to the Office of National Drug Control Policy shall be 
        expended for any study or contract relating to the 
        legalization (for a medical use or any other use) of a 
        substance listed in schedule I of section 202 of the 
        Controlled Substances Act (21 U.S.C. 812) and take such 
        actions as necessary to oppose any attempt to legalize 
        the use of a substance (in any form) that--
                  (A) * * *
                  (B) has not been approved for use for medical 
                purposes by the Food and Drug Administration; 
                and
          [(13) shall require each National Drug Control 
        Program agency to submit to the Director on an annual 
        basis (beginning in 1999) an evaluation of progress by 
        the agency with respect to drug control program goals 
        using the performance measures for the agency developed 
        under section 706(c), including progress with respect 
        to--
                  [(A) success in reducing domestic and foreign 
                sources of illegal drugs;
                  [(B) success in protecting the borders of the 
                United States (and in particular the 
                Southwestern border of the United States) from 
                penetration by illegal narcotics;
                  [(C) success in reducing violent crime 
                associated with drug use in the United States;
                  [(D) success in reducing the negative health 
                and social consequences of drug use in the 
                United States; and
                  [(E) implementation of drug treatment and 
                prevention programs in the United States and 
                improvements in the adequacy and effectiveness 
                of such programs;
          [(14) shall submit to the Appropriations committees 
        and the authorizing committees of jurisdiction of the 
        House of Representatives and the Senate on an annual 
        basis, not later than 60 days after the date of the 
        last day of the applicable period, a summary of--
                  [(A) each of the evaluations received by the 
                Director under paragraph (13); and
                  [(B) the progress of each National Drug 
                Control Program agency toward the drug control 
                program goals of the agency using the 
                performance measures for the agency developed 
                under section 706(c); and]
          [(15)] (13) shall ensure that drug prevention and 
        drug treatment research and information is effectively 
        disseminated by National Drug Control Program agencies 
        to State and local governments and nongovernmental 
        entities involved in demand reduction by--
                  (A) * * *

           *       *       *       *       *       *       *

  (c) National Drug Control Program Budget.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Review and certification of budget requests and 
        budget submissions of national drug control program 
        agencies.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (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.
                  [(C)] (D) Agency response.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) Congressional notification.--
                        The head of a National Drug Control 
                        Program agency shall submit a copy of 
                        any impact statement under clause (ii) 
                        to the Senate and the House of 
                        Representatives and the authorizing 
                        committees of Congress for the Office 
                        at the time the budget for that agency 
                        is submitted to Congress under section 
                        1105(a) of title 31, United States 
                        Code.
                  [(D)] (E) Certification of budget 
                submissions.--
                          (i) * * *
                          (ii) Certification.--The Director--
                                  (I) * * *
                                  (II) based on the review 
                                under subclause (I), if the 
                                Director concludes that the 
                                budget submission of a National 
                                Drug Control Program agency 
                                does not include the funding 
                                levels and initiatives 
                                described under subparagraph 
                                (B)--
                                          (aa) * * *
                                          (bb) in the case of a 
                                        decertification issued 
                                        under item (aa), shall 
                                        submit to the Senate 
                                        and the House of 
                                        Representatives and the 
                                        authorizing committees 
                                        of Congress for the 
                                        Office a copy of--
                                                  (aaa) * * *

           *       *       *       *       *       *       *

          (4) Reprogramming and transfer requests.--
                  (A) In general.--No National Drug Control 
                Program agency shall submit to Congress a 
                reprogramming or transfer request with respect 
                to any amount of appropriated funds in an 
                amount exceeding [$5,000,000] $1,000,000 that 
                is included in the National Drug Control 
                Program budget unless the request has been 
                approved by the Director.

           *       *       *       *       *       *       *

  (d) Powers of the Director.--In carrying out subsection (b), 
the Director may--
          (1) * * *

           *       *       *       *       *       *       *

          (8) transfer funds made available to a National Drug 
        Control Program agency for National Drug Control 
        Strategy programs and activities to another account 
        within such agency or to another National Drug Control 
        Program agency for National Drug Control Strategy 
        programs and activities, except that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) funds transferred to an agency under this 
                paragraph may only be used to increase the 
                funding for programs or activities [have been 
                authorized by Congress;] authorized by law; and

           *       *       *       *       *       *       *

          (9) notwithstanding any other provision of law, issue 
        to the head of a National Drug Control Program agency a 
        fund control notice described in subsection (f) to 
        ensure compliance with the National Drug Control 
        Program [Strategy; and] Strategy and notify the 
        authorizing Committees of Congress for the Office of 
        any fund control notice issued;
          (10) participate in the drug certification process 
        pursuant to section 490 of the Foreign Assistance Act 
        of 1961 [(22 U.S.C. 2291j).] (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);
          (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).

           *       *       *       *       *       *       *

  (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. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN 
                    DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND 
                    LOCAL AFFAIRS.

  (a) Access to Information.--
          (1) In general.--Upon the request of the Director, 
        the head of any National Drug Control Program agency 
        shall cooperate with and provide to the Director any 
        statistics, studies, reports, and other information 
        prepared or collected by the agency concerning the 
        responsibilities of the agency under the National Drug 
        Control Strategy that relate to--
                  (A) drug [abuse] control; or

           *       *       *       *       *       *       *

          [(3) Illegal drug cultivation.--The Secretary of 
        Agriculture shall annually submit to the Director an 
        assessment of the acreage of illegal drug cultivation 
        in the United States.]
          (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.

           *       *       *       *       *       *       *


[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) Timing.--Not later than February 1, 1999, the 
        President shall submit to Congress a National Drug 
        Control Strategy, which shall set forth a comprehensive 
        plan, covering a period of not more than 5 years, for 
        reducing drug abuse and the consequences of drug abuse 
        in the United States, by limiting the availability of 
        and reducing the demand for 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 drug abuse and the 
                        consequences of drug abuse in the 
                        United States;
                          [(ii) annual, quantifiable, and 
                        measurable objectives and specific 
                        targets to accomplish long-term 
                        quantifiable goals that the Director 
                        determines may be achieved during each 
                        year of the period beginning on the 
                        date on which the National Drug Control 
                        Strategy is submitted;
                          [(iii) 5-year projections for program 
                        and budget priorities; and
                          [(iv) 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.
                  [(B) Classified information.--Any contents of 
                the National Drug Control Strategy that 
                involves 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.
          [(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; and
                                  [(VI) 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; and
                          [(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.
                  [(B) Inclusion in strategy.--The National 
                Drug Control Strategy under this subsection, 
                and each report submitted under subsection (b), 
                shall include a list of each entity consulted 
                under subparagraph (A)(i).
          [(4) Specific targets.--The targets in the National 
        Drug Control Strategy shall include the following:
                  [(A) Reduction of unlawful drug use to 3 
                percent of the population of the United States 
                or less by December 31, 2003 (as measured in 
                terms of overall illicit drug use during the 
                past 30 days by the National Household Survey), 
                and achievement of at least 20 percent of such 
                reduction during each of 1999, 2000, 2001, 
                2002, and 2003.
                  [(B) Reduction of adolescent unlawful drug 
                use (as measured in terms of illicit drug use 
                during the past 30 days by the Monitoring the 
                Future Survey of the University of Michigan or 
                the National PRIDE Survey conducted by the 
                National Parents' Resource Institute for Drug 
                Education) to 3 percent of the adolescent 
                population of the United States or less by 
                December 31, 2003, and achievement of at least 
                20 percent of such reduction during each of 
                1999, 2000, 2001, 2002, and 2003st.
                  [(C) Reduction of the availability of 
                cocaine, heroin, marijuana, and methamphetamine 
                in the United States by 80 percent by December 
                31, 2003.
                  [(D) Reduction of the respective nationwide 
                average street purity levels for cocaine, 
                heroin, marijuana, and methamphetamine (as 
                estimated by the interagency drug flows 
                assessment led by the Office of National Drug 
                Control Policy, and based on statistics 
                collected by the Drug Enforcement 
                Administration and other National Drug Control 
                Program agencies identified as relevant by the 
                Director) by 60 percent by December 31, 2003, 
                and achievement of at least 20 percent of each 
                such reduction during each of 1999, 2000, 2001, 
                2002, and 2003.
                  [(E) Reduction of drug-related crime in the 
                United States by 50 percent by December 31, 
                2003, and achievement of at least 20 percent of 
                such reduction during each of 1999, 2000, 2001, 
                2002, and 2003, including--
                          [(i) reduction of State and Federal 
                        unlawful drug trafficking and 
                        distribution;
                          [(ii) reduction of State and Federal 
                        crimes committed by persons under the 
                        influence of unlawful drugs;
                          [(iii) reduction of State and Federal 
                        crimes committed for the purpose of 
                        obtaining unlawful drugs or obtaining 
                        property that is intended to be used 
                        for the purchase of unlawful drugs; and
                          [(iv) reduction of drug-related 
                        emergency room incidents in the United 
                        States (as measured by data of the Drug 
                        Abuse Warning Network on illicit drug 
                        abuse), including incidents involving 
                        gunshot wounds and automobile accidents 
                        in which illicit drugs are identified 
                        in the bloodstream of the victim, by 50 
                        percent by December 31, 2003.
          [(5) Further reductions in drug use, availability, 
        and crime.--Following the submission of a National Drug 
        Control
Strategy under this section to achieve the specific targets 
described in paragraph (4), the Director may formulate a 
strategy for additional reductions in drug use and availability 
and drug-related crime beyond the 5-year period covered by the 
National Drug Control Strategy that has been submitted.
  [(b) Annual Strategy Report.--
          [(1) In general.--Not later than February 1, 1999, 
        and on February 1 of each year thereafter, the 
        President shall submit to Congress a report on the 
        progress in implementing the Strategy under subsection 
        (a), which shall include--
                  [(A) an assessment of the Federal 
                effectiveness in achieving the National Drug 
                Control Strategy goals and objectives using the 
                performance measurement system described in 
                subsection (c), including--
                          [(i) an assessment of drug use and 
                        availability in the United States; and
                          [(ii) an estimate of the 
                        effectiveness of interdiction, 
                        treatment, prevention, law enforcement, 
                        and international programs under the 
                        National Drug Control Strategy in 
                        effect during the preceding year, or in 
                        effect as of the date on which the 
                        report is submitted;
                  [(B) any modifications of the National Drug 
                Control Strategy or the performance measurement 
                system described in subsection (c);
                  [(C) an assessment of the manner in which the 
                budget proposal submitted under section 704(c) 
                is intended to implement the National Drug 
                Control Strategy and whether the funding levels 
                contained in such proposal are sufficient to 
                implement such Strategy;
                  [(D) measurable data evaluating the success 
                or failure in achieving the annual measurable 
                objectives described in subsection 
                (a)(2)(A)(ii);
                  [(E) an assessment of current drug use 
                (including inhalants) and availability, impact 
                of drug use, and treatment availability, which 
                assessment shall include--
                          [(i) estimates of drug prevalence and 
                        frequency of use as measured by 
                        national, State, and local surveys of 
                        illicit drug use and by other special 
                        studies of--
                                  [(I) casual and chronic drug 
                                use;
                                  [(II) high-risk populations, 
                                including school dropouts, the 
                                homeless and transient, 
                                arrestees, parolees, 
                                probationers, and juvenile 
                                delinquents; and
                                  [(III) drug use in the 
                                workplace and the productivity 
                                lost by such use;
                          [(ii) an assessment of the reduction 
                        of drug availability against an 
                        ascertained baseline, as measured by--
                                  [(I) the quantities of 
                                cocaine, heroin, marijuana, 
                                methamphetamine, and other 
                                drugs available for consumption 
                                in the United States;
                                  [(II) the amount of 
                                marijuana, cocaine, heroin, and 
                                precursor chemicals entering 
                                the United States;
                                  [(III) the number of hectares 
                                of marijuana, poppy, and coca 
                                cultivated and destroyed 
                                domestically and in other 
                                countries;
                                  [(IV) the number of metric 
                                tons of marijuana, heroin, 
                                cocaine, and methamphetamine 
                                seized;
                                  [(V) the number of cocaine 
                                and methamphetamine processing 
                                laboratories destroyed 
                                domestically and in other 
                                countries;
                                  [(VI) changes in the price 
                                and purity of heroin and 
                                cocaine, changes in the price 
                                of methamphetamine, and changes 
                                in tetrahydrocannabinol level 
                                of marijuana;
                                  [(VII) the amount and type of 
                                controlled substances diverted 
                                from legitimate retail and 
                                wholesale sources; and
                                  [(VIII) the effectiveness of 
                                Federal technology programs at 
                                improving drug detection 
                                capabilities in interdiction, 
                                and at United States ports of 
                                entry;
                          [(iii) an assessment of the reduction 
                        of the consequences of drug use and 
                        availability, which shall include 
                        estimation of--
                                  [(I) the burden drug users 
                                placed on hospital emergency 
                                departments in the United 
                                States, such as the quantity of 
                                drug-related services provided;
                                  [(II) the annual national 
                                health care costs of drug use, 
                                including costs associated with 
                                people becoming infected with 
                                the human immunodeficiency 
                                virus and other infectious 
                                diseases as a result of drug 
                                use;
                                  [(III) the extent of drug-
                                related crime and criminal 
                                activity; and
                                  [(IV) the contribution of 
                                drugs to the underground 
                                economy, as measured by the 
                                retail value of drugs sold in 
                                the United States;
                          [(iv) a determination of the status 
                        of drug treatment in the United States, 
                        by assessing--
                                  [(I) public and private 
                                treatment capacity within each 
                                State, including information on 
                                the treatment capacity 
                                available in relation to the 
                                capacity actually used;
                                  [(II) the extent, within each 
                                State, to which treatment is 
                                available;
                                  [(III) the number of drug 
                                users the Director estimates 
                                could benefit from treatment; 
                                and
                                  [(IV) the specific factors 
                                that restrict the availability 
                                of treatment services to those 
                                seeking it and proposed 
                                administrative or legislative 
                                remedies to make treatment 
                                available to those individuals; 
                                and
                          [(v) a review of the research agenda 
                        of the Counter-Drug Technology 
                        Assessment Center to reduce the 
                        availability and abuse of drugs; and
                  [(F) an assessment of private sector 
                initiatives and cooperative efforts between the 
                Federal Government and State and local 
                governments for drug control.
          [(2) 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; and
                  [(B) if a new President or Director takes 
                office.
          [(3) 1999 strategy report.--With respect to the 
        Strategy report required to be submitted by this 
        subsection on February 1, 1999, the President shall 
        prepare the report using such information as is 
        available for the period covered by the report.
  [(c) Performance Measurement System.--
          [(1) Sense of congress.--It is the sense of Congress 
        that--
                  [(A) the targets described in subsection (a) 
                are important to the reduction of overall drug 
                use in the United States;
                  [(B) the President should seek to achieve 
                those targets during the 5 years covered by the 
                National Drug Control Strategy required to be 
                submitted under subsection (a);
                  [(C) the purpose of such targets and the 
                annual reports to Congress on the progress 
                towards achieving the targets is to allow for 
                the annual restructuring of appropriations by 
                the Appropriations Committees and authorizing 
                committees of jurisdiction of Congress to meet 
                the goals described in this Act;
                  [(D) the performance measurement system 
                developed by the Director described in this 
                subsection is central to the National Drug 
                Control Program targets, programs, and budget; 
                and
                  [(E) the Congress strongly endorses the 
                performance measurement system for establishing 
                clear outcomes for reducing drug use nationwide 
                during the next five years, and the linkage of 
                this system to all agency drug control programs 
                and budgets receiving funds scored as drug 
                control agency funding.
          [(2) Submission to congress.--Not later than February 
        1, 1999, 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--
                  [(A) develops performance objectives, 
                measures, and targets for each National Drug 
                Control Strategy goal and objective;
                  [(B) revises performance objectives, 
                measures, and targets, to conform with National 
                Drug Control Program Agency budgets;
                  [(C) identifies major programs and activities 
                of the National Drug Control Program agencies 
                that support the goals and objectives of the 
                National Drug Control Strategy;
                  [(D) evaluates in detail the implementation 
                by each National Drug Control Program agency of 
                program activities supporting the National Drug 
                Control Strategy;
                  [(E) monitors consistency between the drug-
                related goals and objectives of the National 
                Drug Control Program agencies and ensures that 
                drug control agency goals and budgets support 
                and are fully consistent with the National Drug 
                Control Strategy; and
                  [(F) coordinates the development and 
                implementation of national drug control data 
                collection and reporting systems to support 
                policy formulation and performance measurement, 
                including an assessment of--
                          [(i) the quality of current drug use 
                        measurement instruments and techniques 
                        to measure supply reduction and demand 
                        reduction activities;
                          [(ii) the adequacy of the coverage of 
                        existing national drug use measurement 
                        instruments and techniques to measure 
                        the casual drug user population and 
                        groups that are at risk for drug use; 
                        and
                          [(iii) the actions the Director shall 
                        take to correct any deficiencies and 
                        limitations identified pursuant to 
                        subparagraphs (A) and (B) of subsection 
                        (b)(4).
          [(3) Modifications.--A description of any 
        modifications made during the preceding year to the 
        national drug control performance measurement system 
        described in paragraph (2) shall be included in each 
        report submitted under subsection (b).

[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.
  [(b) Designation.--The Director, upon consultation with the 
Attorney General, the Secretary of the Treasury, 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. 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 High 
        Intensity Drug Trafficking Areas Program;
          [(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;
          [(3) take any other action authorized under section 
        704 to provide increased Federal assistance to those 
        areas;
          [(4) coordinate activities under this subsection 
        (specifically administrative, recordkeeping, and funds 
        management activities) with State and local officials.
  [(c) Factors for Consideration.--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--
          [(1) the area is a center of illegal drug production, 
        manufacturing, importation, or distribution;
          [(2) 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;
          [(3) drug-related activities in the area are having a 
        harmful impact in other areas of the country; and
          [(4) a significant increase in allocation of Federal 
        resources is necessary to respond adequately to drug-
        related activities in the area.
  [(d) Use of Funds.--The Director shall ensure that no Federal 
funds appropriated for the High Intensity Drug Trafficking 
Program are expended for the establishment or expansion of drug 
treatment programs.]

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-releated 
                        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 
                                avilability and purity of 
                                illegal dlrugs 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. 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-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) 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.
          (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.
  (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.--
          (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.

SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

  (a) * * *
  (b) [Director of Technology.--]Chief Scientist.--There shall 
be at the head of the Center the [Director of Technology,] 
Chief Scientist, who shall be appointed by the Director of 
National Drug Control Policy from among individuals qualified 
and distinguished in the area of science, medicine, 
engineering, or technology.
  [(c) Additional Responsibilities of the Director of National 
Drug Control Policy.--
          [(1) In general.--The Director, acting through the 
        Director of Technology shall--
                  [(A) identify and define the short-, medium-, 
                and long-term scientific and technological 
                needs of Federal, State, and local drug supply 
                reduction agencies, 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 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 
                        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) provide support to the development and 
                implementation of the national drug control 
                performance measurement system; 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) 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) 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.
  (d) Assistance and Support to Office of National Drug Control 
Policy.--The Secretary of Defense, the Secretary of Homeland 
Security, and the Secretary of Health and Human Services shall, 
to the maximum extent practicable, render assistance and 
support to the Office and to the Director in the conduct of 
counter-drug technology assessment.

[SEC. 709. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.

  [(a) Establishment.--There is established a council to be 
known as the President's Council on Counter-Narcotics (referred 
to in this section as the ``Council'').
  [(b) Membership.--
          [(1) In general.--Subject to paragraph (2), the 
        Council shall be composed of 18 members, of whom--
                  [(A) 1 shall be the President, who shall 
                serve as Chairman of the Council;
                  [(B) 1 shall be the Vice President;
                  [(C) 1 shall be the Secretary of State;
                  [(D) 1 shall be the Secretary of the 
                Treasury;
                  [(E) 1 shall be the Secretary of Defense;
                  [(F) 1 shall be the Attorney General;
                  [(G) 1 shall be the Secretary of 
                Transportation;
                  [(H) 1 shall be the Secretary of Health and 
                Human Services;
                  [(I) 1 shall be the Secretary of Education;
                  [(J) 1 shall be the Representative of the 
                United States of America to the United Nations;
                  [(K) 1 shall be the Director of the Office of 
                Management and Budget;
                  [(L) 1 shall be the Chief of Staff to the 
                President;
                  [(M) 1 shall be the Director of the Office, 
                who shall serve as the Executive Director of 
                the Council;
                  [(N) 1 shall be the Director of Central 
                Intelligence;
                  [(O) 1 shall be the Assistant to the 
                President for National Security Affairs;
                  [(P) 1 shall be the Counsel to the President;
                  [(Q) 1 shall be the Chairman of the Joint 
                Chiefs of Staff; and
                  [(R) 1 shall be the National Security Adviser 
                to the Vice President.
          [(2) Additional members.--The President may, in the 
        discretion of the President, appoint additional members 
        to the Council.
  [(c) Functions.--The Council shall advise and assist the 
President in--
          [(1) providing direction and oversight for the 
        national drug control strategy, including relating drug 
        control policy to other national security interests and 
        establishing priorities; and
          [(2) ensuring coordination among departments and 
        agencies of the Federal Government concerning 
        implementation of the National Drug Control Strategy.
  [(d) Administration.--
          [(1) In general.--The Council may utilize established 
        or ad hoc committees, task forces, or interagency 
        groups chaired by the Director (or a representative of 
        the Director) in carrying out the functions of the 
        Council under this section.
          [(2) Staff.--The staff of the Office, in coordination 
        with the staffs of the Vice President and the Assistant 
        to the President for National Security Affairs, shall 
        act as staff for the Council.
          [(3) Cooperation from other agencies.--Each 
        department and agency of the executive branch shall--
                  [(A) cooperate with the Council in carrying 
                out the functions of the Council under this 
                section; and
                  [(B) provide such assistance, information, 
                and advice as the Council may request, to the 
                extent permitted by law.]

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.

           *       *       *       *       *       *       *


[SEC. 711. DRUG INTERDICTION.

  [(a) Definition.--In this section, the term ``Federal drug 
control agency'' means--
          [(1) the Office of National Drug Control Policy;
          [(2) the Department of Defense;
          [(3) the Drug Enforcement Administration;
          [(4) the Federal Bureau of Investigation;
          [(5) the Immigration and Naturalization Service;
          [(6) the United States Coast Guard;
          [(7) the United States Customs Service; and
          [(8) any other department or agency of the Federal 
        Government that the Director determines to be relevant.
  [(b) Report.--In order to assist Congress in determining the 
personnel, equipment, funding, and other resources that would 
be required by Federal drug control agencies in order to 
achieve a level of interdiction success at or above the highest 
level achieved before the date of enactment of this title, not 
later than 90 days after the date of enactment of this Act, the 
Director shall submit to Congress and to each Federal drug 
control program agency a report, which shall include--
          [(1) with respect to the southern and western border 
        regions of the United States (including the Pacific 
        coast, the border with Mexico, the Gulf of Mexico 
        coast, and other ports of entry) and in overall totals, 
        data relating to--
                  [(A) the amount of marijuana, heroin, 
                methamphetamine, and cocaine--
                          [(i) seized during the year of 
                        highest recorded seizures for each drug 
                        in each region and during the year of 
                        highest recorded overall seizures; and
                          [(ii) disrupted during the year of 
                        highest recorded disruptions for each 
                        drug in each region and during the year 
                        of highest recorded overall seizures; 
                        and
                  [(B) the number of persons arrested for 
                violations of section 1010(a) of the Controlled 
                Substances Import and Export Act (21 U.S.C. 
                960(a)) and related offenses during the year of 
                the highest number of arrests on record for 
                each region and during the year of highest 
                recorded overall arrests;
          [(2) the price of cocaine, heroin, methamphetamine, 
        and marijuana during the year of highest price on 
        record during the preceding 10-year period, adjusted 
        for purity where possible; and
          [(3) a description of the personnel, equipment, 
        funding, and other resources of the Federal drug 
        control agency devoted to drug interdiction and 
        securing the borders of the United States against drug 
        trafficking for each of the years identified in 
        paragraphs (1) and (2) for each Federal drug control 
        agency.
  [(c) Budget Process.--
          [(1) Information to director.--Based on the report 
        submitted under subsection (b), each Federal drug 
        control agency shall submit to the Director, at the 
        same time as each annual drug control budget request is 
        submitted by the Federal drug control agency to the 
        Director under section 704(c)(1), a description of the 
        specific personnel, equipment, funding, and other 
        resources that would be required for the Federal drug 
        control agency to meet or exceed the highest level of 
        interdiction success for that agency identified in the 
        report submitted under subsection (b).
          [(2) Information to congress.--The Director shall 
        include each submission under paragraph (1) in each 
        annual consolidated National Drug Control Program 
        budget proposal submitted by the Director to Congress 
        under section 704(c)(2), which submission shall be 
        accompanied by a description of any additional 
        resources that would be required by the Federal drug 
        control agencies to meet the highest level of 
        interdiction success identified in the report submitted 
        under subsection (b).]

           *       *       *       *       *       *       *


SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title, except activities for which amounts are otherwise 
specifically authorized by this title, to remain available 
until expended, such sums as may be necessary for each of 
fiscal years [1999 through 2003] 2004 through 2008.

SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.

  (a) In General.--Except as provided in subsection (b), 
effective on [September 30, 2003, this title and the amendments 
made by this title are repealed] September 30, 2008, this title 
is repealed.

           *       *       *       *       *       *       *

                              ----------                              


      SECTION 6073 OF THE ASSET FORFEITURE AMENDMENTS ACT OF 1988

[SEC. 6073. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

  [(a) In General.--There is established in the Treasury of the 
United States the Special Forfeiture Fund (hereafter referred 
to in this section as the ``Fund'') which shall be available to 
the Director of the National Drug Control Policy without fiscal 
year limitation in such amounts as may be specified in 
appropriations Acts.
  [(b) Deposits.--There shall be deposited into the Fund the 
amounts specified by section 524(c)(8) of title 28, United 
States Code, and section 9703(g) of title 31, United States 
Code, and any earnings on the investments authorized by 
subsection (d).
  [(c) Super Surplus.--(1) Any unobligated balance up to 
$20,000,000 remaining in the Fund on September 30 of a fiscal 
year shall be available to the Director, subject to paragraph 
(2), to transfer to, and for obligation and expenditure in 
connection with drug control activities of, any Federal agency 
or State or local entity with responsibilities under the 
National Drug Control Strategy.
  [(2) A transfer may be made under paragraph (1) only with the 
advance written approval of the Committees on Appropriations of 
each House of Congress.
  [(d) Investment of Fund.--Amounts in the Fund which are not 
currently needed for the purposes of this section shall be kept 
on deposit or invested in obligations of, or guaranteed by, the 
United States and all earnings on such investments shall be 
deposited in the Fund.
  [(e) President's Budget.--The President shall, in 
consultation with the Director for National Drug Control 
Policy, include, as part of the budget submitted to the 
Congress under section 1105(a) of title 31, United States Code, 
a separate and detailed request for the use of the amounts in 
the Fund. This request shall reflect the priorities of the 
National Drug Control Strategy.
  [(f) Funds Provided Supplemental.--Funds disbursed under this 
subsection shall not be used to supplant existing funds, but 
shall be used to supplement the amount of funds that would be 
otherwise available.
  [(g) Annual Report.--No later than 4 months after the end of 
each fiscal year, the President shall submit to both Houses of 
Congress a detailed report on the amounts deposited in the Fund 
and a description of expenditures made under this subsection.]
                              ----------                              


                  DRUG-FREE MEDIA CAMPAIGN ACT OF 1998

[SEC. 101. SHORT TITLE.

  [This subtitle may be cited as the ``Drug-Free Media Campaign 
Act of 1998''.

[SEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN.

  [(a) In General.--The Director of the Office of National Drug 
Control Policy (in this subtitle referred to as the 
``Director'') shall conduct a national media campaign in 
accordance with this subtitle for the purpose of reducing and 
preventing drug abuse among young people in the United States.
  [(b) Local Target Requirement.--The Director shall, to the 
maximum extent feasible, use amounts made available to carry 
out this subtitle under section 105 for media that focuses on, 
or includes specific information on, prevention or treatment 
resources for consumers within specific local areas.

[SEC. 103. USE OF FUNDS.

  [(a) Authorized Uses.--
          [(1) In general.--Amounts made available to carry out 
        this subtitle for the support of the national media 
        campaign may only be used for--
                  [(A) the purchase of media time and space;
                  [(B) talent reuse payments;
                  [(C) out-of-pocket 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 request for proposals issued by the 
                Office of National Drug Control Policy;
                  [(G) partnerships with community, civic, and 
                professional groups, and government 
                organizations related to the media campaign; 
                and
                  [(H) entertainment industry collaborations to 
                fashion antidrug messages in motion pictures, 
                television programing, popular music, 
                interactive (Internet and new) media projects 
                and activities, public information, news media 
                outreach, and corporate sponsorship and 
                participation.
          [(2) Advertising.--In carrying out this subtitle, the 
        Director shall devote sufficient funds to the 
        advertising portion of the national media campaign to 
        meet the stated reach and frequency goals of the 
        campaign.
  [(b) Prohibitions.--None of the amounts made available under 
section 105 may be obligated or expended--
          [(1) to supplant current antidrug community based 
        coalitions;
          [(2) to supplant current pro bono public service time 
        donated by national and local broadcasting networks;
          [(3) for partisan political purposes; or
          [(4) to fund media campaigns that feature 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 Committees 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.
  [(c) Matching Requirement.--Amounts made available under 
section 105 should be matched by an equal amount of non-Federal 
funds for the national media campaign, or be matched with in-
kind contributions to the campaign of the same value.

[SEC. 104. REPORTS TO CONGRESS.

  [The Director shall--
          [(1) submit to Congress on an annual basis a report 
        on the activities for which amounts made available 
        under section 105 have been obligated during the 
        preceding year, including information for each quarter 
        of such year, and on the specific parameters of the 
        national media campaign; and
          [(2) not later than 1 year after the date of 
        enactment of this Act, submit to Congress a report on 
        the effectiveness of the national media campaign based 
        on measurable outcomes provided to Congress previously.

[SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

  [There is authorized to be appropriated to the Office of 
National Drug Control Policy to carry out this subtitle 
$195,000,000 for each of fiscal years 1999 through 2002.]

                  ADDITIONAL VIEWS OF HENRY A. WAXMAN

    H.R. 2086 addresses the crucial issue of drug policy. Drug 
use is an enormous problem in our nation, ruining lives, 
filling our prisons, and sometimes terrorizing our communities. 
This Office of National Drug Control Policy (ONDCP) 
reauthorization legislation can help reduce the use of illegal 
drugs.
    Although I support H.R. 2086, as it passed out of the 
Government Reform Committee, I want to highlight one of my 
remaining concerns. The bill does not address the requirement 
in existing law that mandates that the Director oppose efforts 
to legalize medical marijuana. I am opposed to marijuana use. 
However, we at the federal level should not be dictating to the 
states whether or not they should support the use of marijuana 
for medical purposes.
    There are many drugs causing havoc in our society: crack, 
heroin, cocaine, and ecstasy to name a few. Compared to these 
genuine threats, the use of medical marijuana by persons dying 
of cancer is just a distraction. Yet because conservatives 
don't like the idea of medical marijuana, they want to force 
the drug czar to redirect federal resources away from fighting 
crack and heroin to combat medical marijuana.
    I offered an amendment during full Committee markup which 
would have allowed the Director to take actions to oppose any 
attempts to legalize the medical use of marijuana or other 
schedule I substances. Under my amendment, these actions by the 
Director would have been discretionary instead of mandatory. 
Unfortunately, my amendment did not pass. Therefore, the 
Director must continue to take time out of his busy agenda to 
oppose attempts to legalize the medical use of marijuana.
    The Director has many important responsibilities. He must 
coordinate drug policy across agencies, advise the President, 
develop strategies to interdict shipments of cocaine and 
heroin, figure out how to get hard-core drug addicts into 
treatment, and run a massive public education campaign to keep 
kids from using drugs. And the list goes on and on.
    Instead of harping on cancer patients trying to find some 
relief from excruciation pain, we need to focus our prevention 
efforts on the major drug problems in the nation, such as 
stopping children from using cocaine, meth, heroin, and other 
lethal drugs. This bill is preoccupied with marijuana, and 
that's dangerous and shortsighted.
                                                 Henry A. Waxman.  

                    ADDITIONAL VIEWS OF MR. CUMMINGS

    There is no greater problem in America than drug abuse, and 
the Office of National Drug Control Policy plays a vital role 
in shaping and coordinating our nation's policies and programs 
relating to illegal drugs. The High-Intensity Drug Trafficking 
Areas (HIDTA) program, the National Youth Anti-Drug Media 
Campaign (``media campaign''), and the Counter-Drug Technology 
Assessment Center (CTAC) also have important functions in our 
national drug control strategy. H.R. 2086 proposes to 
reauthorize the office and these important programs and I 
support the bill as reported by the Committee.
    As reported, H.R. 2086 includes H.R. 1599, the Dawson 
Family Community Protection Act, legislation I introduced 
earlier this year with subcommittee Chairman Souder. H.R. 1599 
would ensure funding for HIDTA initiatives aimed at increasing 
community safety and encouraging witness cooperation in drug-
ravaged areas. I appreciate the majority's cooperation in 
including H.R. 1599's provisions in this reauthorization 
package.
    With respect to the media campaign, I am pleased that H.R. 
2086, as reported by the Committee, maintains the existing 
prohibition on partisan political use of the media campaign. 
Further, it bars the use of media campaign funds to support 
advocacy against, or in favor of, any clearly identified 
candidate, ballot initiative, or legislative or regulatory 
proposal, even if the candidate or measure is not party 
affiliated. These provisions reflect a bipartisan agreement 
that the media campaign should stay out of the business of 
influencing elections or legislative or regulatory proposals 
involving ``medical marijuana'' or other extraneous issues. The 
campaign should focus solely on the goal of youth drug use 
prevention. I regret that we did not take the additional step, 
proposed in the defeated amendment by Mr. Waxman, to make the 
Director's opposition to legalization efforts discretionary 
rather than mandatory under ONDCP's authorizing statute.
    I am also disappointed that three amendments that I 
offered, and that were adopted in subcommittee with Chairman 
Souder's support, are diluted in the version of H.R. 2086 that 
the Committee reported out. Two amendments would have 
prohibited the Director from certifying as adequate any budget 
request by the Department of Health and Human Services unless 
the request provided for an increase in funding for the 
Substance Abuse Prevention and Treatment Block Grant and the 
Targeted Capacity Expansion program, respectively. As modified 
in full Committee, the reported provision requires the Director 
to determine that the request is adequate to ``support and 
enhance federal drug treatment programs and capacity.''
    I believe our national drug control strategy should include 
a firm commitment to supporting the existing federal drug 
treatment infrastructure, by maintaining funding for the Block 
Grant and the Targeted Capacity Expansion program. States 
across the nation are suffering through fiscal crises, and many 
states are being forced to consider cutbacks in state funding 
for drug treatment programs. Maintaining and expanding access 
to treatment on demand, despite this economic trend, is vital. 
Treatment is critical not only for those who suffer from 
dependency and addiction, but also for the communities in which 
drug dependent people live. Studies show that expanding 
treatment access reduces the incidence of criminal and other 
negative behaviors associated with drug dependency.
    As the Administration begins to devote substantial federal 
funding to a major new state voucher-based treatment 
initiative, we should be vigilant to ensure that any new 
initiatives augment, and do not undermine or erode, the 
existing infrastructure upon which treatment programs around 
the country rely.
    A third amendment of mine adopted in Subcommittee sought to 
require the Department of Education to submit, with its FY 2005 
budget request, a plan for providing ``appropriate redress'' 
for federal student aid applicants denied assistance by reason 
of a prior drug conviction. The provision was modified in full 
Committee, so that the scope of the regulated plan would be 
expressly limited to providing for ``expedited consideration'' 
of applications by this class of applicants.
    I categorically opposed the so-called ``drug-free student 
loan'' provision in the Higher Education Act, but it is 
particularly troubling that it is being implemented so as to 
deny federal student aid to applicants on the basis of mistakes 
committed in the past. My amendment as reported would ensure 
that applications submitted by persons who have been denied 
student aid because of a past drug-related conviction receive 
priority treatment by the Department of Education.
    My provision is meaningless, however, if enforcement of the 
provision does not change. If an outright appeal of the drug-
free student loan provision is not possible, we should at least 
limit the application of the provision to the class of people 
Mr. Souder says he intended to target when he authored the 
provision: students who are convicted of a drug offense while 
receiving student aid. Unfortunately, jurisdictional 
limitations were an obstacle to amending the Higher Education 
Act in the Committee. It is my hope that the Republican 
leadership of the House will allow us to amend the Higher 
Education Act in the context of this legislation as it proceeds 
to the House floor.
                                              Elijah E. Cummings.  

          ADDITIONAL VIEWS OF CONGRESSWOMAN CAROLYN B. MALONEY

    I support H.R. 2086, the Office of National Drug Control 
Policy Reauthorization Act of 2003. As policymakers, we must do 
all we can to steer our children away from drugs and to work 
towards a safer and drug-free nation.
    H.R. 2086 is important legislation and I applaud the work 
of Chairman Davis, Ranking Member Waxman, Chairman Souder and 
Ranking Member Cummings in addressing many of the concerns of 
Committee members regarding H.R. 2086 and in crafting a 
bipartisan bill. However, I want to comment on one issue.
    The bill does not include language requiring the Director 
of the Office of National Drug Control Policy (ONDCP) to share 
with this Committee, and the Senate committee of jurisdiction, 
copies of ONDCP media campaign advertisements 30 days prior to 
public release of the ads. I offered an amendment in markup 
that would have added this straightforward, good government 
requirement to the bill.
    H.R. 2086 authorizes ONDCP for five years, including 
approximately $200 million a year for the Office of National 
Drug Control Policy's media campaign. As the oversight 
committee for ONDCP, it is better for this Committee to have 
more information versus less regarding this national media 
campaign.
    We should be informed about the content of the 
advertisement prior to their release, as was required by the 
Committee during the Census 2000 media campaign. The Committee 
should, at the very least, be able to receive copies of the ads 
authorized by this legislation prior to their public 
distribution. We are the people's representatives and we have a 
responsibility to be knowledgeable about the work of Federal 
agencies under our jurisdiction, particularly this program 
which has been controversial in the past. If included in the 
bill, my amendment would have given us an additional formal 
tool.
    During the markup, I was asked to withdraw my amendment 
with the understanding that my concerns could be addressed in 
report language. I appreciate the Majority including report 
language, however, I am disappointed that the report language 
ultimately included in the Committee Report does not instruct 
ONDCP to provide copies of the advertisements to the Chairman 
and Ranking Member, nor does it instruct ONDCP to give this 
Committee prior notification regarding the airing of new 
advertisements. My original language was not onerous, therefore 
I am surprised by the concerns of the Majority.
                                              Carolyn B. Maloney.  

                                
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