[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2086 Referred in Senate (RFS)]
1st Session
H. R. 2086
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1, 2003
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To reauthorize the Office of National Drug Control Policy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Office of National
Drug Control Policy Reauthorization Act of 2003''.
(b) Amendment of Office of National Drug Control Policy
Reauthorization Act of 1998.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Office of National Drug Control Policy Reauthorization Act of 1998
(Public Law 105-277; 21 U.S.C. 1701 et seq.).
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Amendments to definitions.
Sec. 3. Amendments relating to appointment and duties of Director and
Deputy Directors.
Sec. 4. Amendments relating to coordination with other agencies.
Sec. 5. Development, submission, implementation, and assessment of
National Drug Control Strategy.
Sec. 6. High intensity drug trafficking areas program.
Sec. 7. Funding for certain high intensity drug trafficking areas.
Sec. 8. Amendments relating to Counter-Drug Technology Assessment
Center.
Sec. 9. Repeals.
Sec. 10. National Youth Antidrug Media Campaign.
Sec. 11. Authorization of appropriations.
Sec. 12. Extension of termination date.
SEC. 2. AMENDMENTS TO DEFINITIONS.
(a) Amendments to Definitions.--Section 702 (21 U.S.C. 1701) is
amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(F);
(B) by striking the period at the end of
subparagraph (G) and inserting a semicolon; and
(C) by adding at the end the following:
``(H) interventions for drug abuse and dependence;
and
``(I) international drug control coordination and
cooperation with respect to activities described in
this paragraph.''.
(2) in paragraph (9), by striking ``implicates'' and
inserting ``indicates'';
(3) in paragraph (10)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following:
``(D) domestic drug law enforcement, including law
enforcement directed at drug users.''; and
(4) in paragraph (11)--
(A) by inserting before the semicolon in
subparagraph (A) the following: ``(including source
country programs, and law enforcement outside the
United States)'';
(B) by inserting ``and'' after the semicolon in
subparagraph (B);
(C) by striking ``; and'' at the end of
subparagraph (C) and inserting a period; and
(D) by striking subparagraph (D).
(b) Conforming Amendments.--Section 703(b)(3) (21 U.S.C.
1702(b)(3)) is amended--
(1) in subparagraph (A), by striking ``(G)'' and inserting
``(H)''; and
(2) in subparagraph (C)--
(A) by striking ``(C)'' and inserting ``(D)''; and
(B) by striking ``and subparagraph (D) of section
702(11)''.
SEC. 3. AMENDMENTS RELATING TO APPOINTMENT AND DUTIES OF DIRECTOR AND
DEPUTY DIRECTORS.
(a) Designation of Other Officers.--Section 704(a)(3) (21 U.S.C.
1703(a)(3)) is amended--
(1) by striking ``permanent employee'' and inserting
``officer or employee''; and
(2) by striking ``serve as the Director'' and inserting
``serve as the acting Director''.
(b) Responsibilities of Director.--Section 704(b) (21 U.S.C.
1703(b)) is amended--
(1) in paragraph (4), by striking ``Federal departments and
agencies engaged in drug enforcement,'' and inserting
``National Drug Control Program agencies,'';
(2) by inserting ``and'' at the end of paragraph (12);
(3) by striking paragraphs (13) and (14); and
(4) by redesignating paragraph (15) as paragraph (13).
(c) Review and Certification of National Drug Control Program
Budget.--Section 704(c)(3) (21 U.S.C. 1703(c)(3)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Specific requests.--The Director shall not
confirm the adequacy of any budget request that--
``(i) requests funding for Federal law
enforcement activities that do not adequately
compensate for transfers of drug enforcement
resources and personnel to law enforcement and
investigation activities not related to drug
enforcement as determined by the Director;
``(ii) requests funding for law enforcement
activities on the borders of the United States
that do not adequately direct resources to drug
interdiction and enforcement as determined by
the Director;
``(iii) requests funding for drug treatment
activities that do not provide adequate result
and accountability measures as determined by
the Director;
``(iv) requests funding for any activities
of the Safe and Drug Free Schools Program that
do not include a clear antidrug message or
purpose intended to reduce drug use;
``(v) requests funding to enforce section
484(r)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(r)(1)) with respect to
convictions for drug-related offenses not
occurring during a period of enrollment for
which the student was receiving any Federal
grant, loan, or work assistance;
``(vi) requests funding for drug treatment
activities that do not adequately support and
enhance Federal drug treatment programs and
capacity, as determined by the Director; or
``(vii) requests funding for fiscal year
2005 for activities of the Department of
Education, unless it is accompanied by a report
setting forth a plan for providing expedited
consideration of student loan applications for
all individuals who submitted an application
for any Federal grant, loan, or work assistance
that was rejected or denied pursuant to
484(r)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(r)(1)) by reason of a
conviction for a drug-related offense not
occurring during a period of enrollment for
which the individual was receiving any Federal
grant, loan, or work assistance.'';
(3) in subparagraph (D)(iii), as so redesignated, by
inserting ``and the authorizing committees of Congress for the
Office'' after ``House of Representatives''; and
(4) in subparagraph (E)(ii)(bb), as so redesignated, by
inserting ``and the authorizing committees of Congress for the
Office'' after ``House of Representatives''.
(d) Reprogramming and Transfer Requests.--Section 704(c)(4)(A) (21
U.S.C. 1703(c)(4)(A)) is amended by striking ``$5,000,000'' and
inserting ``$1,000,000''.
(e) Powers of Director.--Section 704(d) (21 U.S.C. 1703(d)) is
amended--
(1) in paragraph (8)(D), by striking ``have been authorized
by Congress;'' and inserting ``authorized by law;'';
(2) in paragraph (9)--
(A) by inserting ``notwithstanding any other
provision of law,'' after ``(9)''; and
(B) by striking ``Strategy; and'' and inserting
``Strategy and notify the authorizing Committees of
Congress for the Office of any fund control notice
issued;'';
(3) in paragraph (10), by striking ``(22 U.S.C. 2291j).''
and inserting ``(22 U.S.C. 2291j) and section 706 of the
Department of State Authorization Act for Fiscal Year 2003 (22
U.S.C. 229j-l);'';
(4) by adding at the end the following new paragraphs:
``(11) not later than August 1 of each year, submit to the
President a report, and transmit copies of the report to the
Secretary of State and the authorizing Committees of Congress
for the Office, that--
``(A) provides the Director's assessment of which
countries are major drug transit countries or major
illicit drug producing countries as defined in section
481(e) of the Foreign Assistance Act of 1961;
``(B) provides the Director's assessment of whether
each country identified under subparagraph (A) has
cooperated fully with the United States or has taken
adequate steps on its own to achieve full compliance
with the goals and objectives established by the United
Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances and otherwise has
assisted in reducing the supply of illicit drugs to the
United States; and
``(C) provides the Director's assessment of whether
application of procedures set forth in section 490(a)
through (h) of the Foreign Assistance Act of 1961, as
provided in section 706 of the Department of State
Authorization Act for Fiscal Year 2003, is warranted
with respect to countries the Director assesses have
not cooperated fully; and
``(12) appoint a United States Interdiction Coordinator
under subsection (i).''.
(f) United States Interdiction Coordinator.--Section 704 (21 U.S.C.
1703) is further amended by adding at the end the following:
``(i) United States Interdiction Coordinator.--
``(1) In general.--There shall be in the Office a United
States Interdiction Coordinator, who shall be appointed by the
Director and shall perform duties determined by the Director
with respect to coordination of efforts to interdict illicit
drugs from the United States.
``(2) Appointment.--
``(A) In general.--Notwithstanding any other
provision of law (except subparagraph (B)), the
Director may appoint any individual to serve as the
United States Interdiction Coordinator.
``(B) Limitation.--The Director may not appoint to
such position any individual who concurrently serves as
the head of any other Federal department or agency or
any subdivision thereof with responsibility for
narcotics interdiction activities, except the
counternarcotics officer of the Department of Homeland
Security appointed under section 878 of the Homeland
Security Act of 2002 (6 U.S.C. 458).''.
(g) Requirement for South American Heroin Strategy.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Drug
Control Policy shall submit to the Congress a comprehensive
strategy that addresses the increased threat from South
American heroin, and in particular Colombian heroin.
(2) Contents.--The strategy shall--
(A) include opium eradication efforts to eliminate
the problem at the source to prevent it from
reoccurring before the heroin enters the stream of
commerce;
(B) interdiction and precursor chemical controls;
(C) demand reduction and treatment;
(D) provisions that ensure the maintenance at
current levels of efforts to eradicate coca in
Colombia; and
(E) assessment of the level of additional funding
and resources necessary to simultaneously address the
threat from South American heroin and the threat from
Colombian coca.
SEC. 4. AMENDMENTS RELATING TO COORDINATION WITH OTHER AGENCIES.
Section 705 (21 U.S.C. 1704) is amended--
(1) in subsection (a)(1)(A), by striking ``abuse'';
(2) by amending paragraph (3) of subsection (a) to read as
follows:
``(3) Required reports.--
``(A) Secretaries of the interior and
agriculture.--The Secretaries of Agriculture and
Interior shall, by July 1 of each year, jointly submit
to the Director and the authorizing Committees of
Congress for the Office an assessment of the quantity
of illegal drug cultivation and manufacturing in the
United States on lands owned or under the jurisdiction
of the Federal Government for the preceding year.
``(B) Attorney general.--The Attorney General
shall, by July 1 of each year, submit to the Director
and the authorizing Committees of Congress for the
Office information for the preceding year regarding the
number and type of--
``(i) arrests for drug violations;
``(ii) prosecutions for drug violations by
United States Attorneys; and
``(iii) the number and type of seizures of
drugs by each component of the Department
seizing drugs, as well as statistical
information on the geographic areas of such
seizures.
``(C) Secretary of homeland security.--The
Secretary of Homeland Security shall, by July 1 of each
year, submit to the Director and the authorizing
Committees of Congress for the Office information for
the preceding year regarding--
``(i) the number and type of seizures of
drugs by each component of the Department
seizing drugs, as well as statistical
information on the geographic areas of such
seizures; and
``(ii) the number of air and maritime
patrol hours undertaken by each component of
the Department primarily dedicated to drug
supply reduction missions.
``(D) Secretary of defense.--The Secretary of
Defense shall, by July 1 of each year, submit to the
Director and the authorizing Committees of Congress for
the Office information for the preceding year regarding
the number of air and maritime patrol hours primarily
dedicated to drug supply reduction missions undertaken
by each component of the Department of Defense.''; and
(3) in subsection (b)(2)(B), by striking ``Program.'' and
inserting ``Strategy.''.
SEC. 5. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF
NATIONAL DRUG CONTROL STRATEGY.
Section 706 (21 U.S.C. 1705) is amended to read as follows:
``SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF
NATIONAL DRUG CONTROL STRATEGY.
``(a) Timing, Contents, and Process for Development and Submission
of National Drug Control Strategy.--
``(1) In general.--Not later than February 1 of each year,
the President shall submit to Congress a National Drug Control
Strategy, which shall set forth a comprehensive plan for
reducing illicit drug use and the consequences of illicit drug
use in the United States by reducing the demand for illegal
drugs, limiting the availability of illegal drugs, and
conducting law enforcement activities with respect to illegal
drugs.
``(2) Contents.--
``(A) In general.--The National Drug Control
Strategy submitted under paragraph (1) shall include--
``(i) comprehensive, research-based, long-
range, and quantifiable goals for reducing
illicit drug use and the consequences of
illicit drug use in the United States;
``(ii) annual objectives and strategy for
demand reduction, supply reduction, and law
enforcement activities, specific targets to
accomplish long-range quantifiable reduction in
illicit drug use as determined by the Director,
and specific measurements to evaluate progress
toward the targets and strategic goals;
``(iii) a strategy to reduce the
availability and purity of illegal drugs and
the level of drug-related crime in the United
States;
``(iv) an assessment of Federal
effectiveness in achieving the National Drug
Control Strategy for the previous year,
including--
``(I) a specific evaluation of
whether the objectives and targets for
reducing illicit drug use for the
previous year were met and reasons for
the success or failure of the previous
year's Strategy; and
``(II) an assessment of the
availability and purity of illegal
drugs and the level of drug-related
crime in the United States;
``(v) notification of any program or budget
priorities that the Director expects to
significantly change from the current Strategy
over the next five years;
``(vi) a review of international, State,
local, and private sector drug control
activities to ensure that the United States
pursues well-coordinated and effective drug
control at all levels of government;
``(vii) such statistical data and
information as the Director deems appropriate
to demonstrate and assess trends relating to
illicit drug use, the effects and consequences
thereof, supply reduction, demand reduction,
drug-related law enforcement, and the
implementation of the National Drug Control
Strategy; and
``(viii) a supplement reviewing the
activities of each individual National Drug
Control Program agency during the previous year
with respect to the National Drug Control
Strategy and the Director's assessment of the
progress of each National Drug Control Program
agency in meeting its responsibilities under
the National Drug Control Strategy.
``(B) Classified information.--Any contents of the
National Drug Control Strategy that involve information
properly classified under criteria established by an
Executive order shall be presented to Congress
separately from the rest of the National Drug Control
Strategy.
``(C) Selection of data and information.--In
selecting data and information for inclusion under
subparagraph (A), the Director shall ensure--
``(i) the inclusion of data and information
that will permit analysis of current trends
against previously compiled data and
information where the Director believes such
analysis enhances long-term assessment of the
National Drug Control Strategy; and
``(ii) the inclusion of data and
information to permit a standardized and
uniform assessment of the effectiveness of drug
treatment programs in the United States.
``(3) Process for development and submission.--
``(A) Consultation.--In developing and effectively
implementing the National Drug Control Strategy, the
Director--
``(i) shall consult with--
``(I) the heads of the National
Drug Control Program agencies;
``(II) Congress;
``(III) State and local officials;
``(IV) private citizens and
organizations with experience and
expertise in demand reduction;
``(V) private citizens and
organizations with experience and
expertise in supply reduction;
``(VI) private citizens and
organizations with experience and
expertise in law enforcement; and
``(VII) appropriate representatives
of foreign governments;
``(ii) with the concurrence of the Attorney
General, may require the El Paso Intelligence
Center to undertake specific tasks or projects
to implement the National Drug Control
Strategy;
``(iii) with the concurrence of the
Director of Central Intelligence and the
Attorney General, may request that the National
Drug Intelligence Center undertake specific
tasks or projects to implement the National
Drug Control Strategy; and
``(iv) may make recommendations to the
Secretary of Health and Human Services on
research that supports or advances the National
Drug Control Strategy.
``(B) Recommendations.--Recommendations under
subparagraph (A)(iv) may include recommendations of
research to be performed at the National Institutes of
Health, including the National Institute on Drug Abuse,
or any other appropriate agency within the Department
of Health and Human Services.
``(C) Inclusion in strategy.--The National Drug
Control Strategy under this subsection shall include a
list of each entity consulted under subparagraph
(A)(i).
``(4) Submission of revised strategy.--The President may
submit to Congress a revised National Drug Control Strategy
that meets the requirements of this section--
``(A) at any time, upon a determination by the
President, in consultation with the Director, that the
National Drug Control Strategy in effect is not
sufficiently effective; or
``(B) if a new President or Director takes office.
``(b) Performance Measurement System.--Not later than February 1 of
each year, the Director shall submit to Congress a description of the
national drug control performance measurement system, designed in
consultation with affected National Drug Control Program agencies, that
includes performance measures for the National Drug Control Strategy
and activities of National Drug Control Program agencies related to the
National Drug Control Strategy.''.
SEC. 6. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
(a) In General.--Section 707 (21 U.S.C. 1706) is amended to read as
follows:
``SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
``(a) Establishment.--There is established in the Office a program
to be known as the High Intensity Drug Trafficking Areas Program (in
this section referred to as the `Program').
``(b) Purposes.--The purposes of the Program are the following:
``(1) To reduce drug availability and facilitate
cooperative efforts between Federal, State, and local law
enforcement agencies in areas with significant drug trafficking
problems that harmfully impact other parts of the Nation.
``(2) To provide assistance to agencies to come together to
assess regional threats, design coordinated strategies to
combat those threats, share intelligence, and develop and
implement coordinated initiatives to implement the strategies.
``(c) Designation.--The Director, upon consultation with the
Attorney General, the Secretary of the Treasury, the Secretary of
Homeland Security, heads of the National Drug Control Program agencies,
and the Governor of each applicable State, may designate any specified
area of the United States as a high intensity drug trafficking area.
``(d) Factors for Consideration.--
``(1) In general.--In considering whether to designate an
area under this section as a high intensity drug trafficking
area, the Director shall consider, in addition to such other
criteria as the Director considers to be appropriate, the
extent to which--
``(A) the area is a major center of illegal drug
production, manufacturing, importation, or distribution
for the United States as compared to other areas of the
United States;
``(B) State and local law enforcement agencies have
committed resources to respond to the drug trafficking
problem in the area, thereby indicating a determination
to respond aggressively to the problem;
``(C) drug production, manufacturing, importation,
or distribution in the area is having a significant
harmful impact in other areas of the United States; and
``(D) a significant increase in allocation of
Federal resources is necessary to respond adequately to
drug-related activities in the area.
``(2) Considerations.--For purposes of paragraph (1)(A), in
considering whether an area is a major center of illegal drug
production, manufacturing, importation, or distribution as
compared to other areas of the United States, the Director
shall consider--
``(A) the quantity of illicit drug traffic entering
or transiting the area originating in foreign
countries;
``(B) the quantity of illicit drugs produced in the
area;
``(C) the number of Federal, State, and local
arrests, prosecutions, and convictions for drug
trafficking and distribution offenses in the area;
``(D) the degree to which the area is a center for
the activities of national drug trafficking
organizations; and
``(E) such other criteria as the Director considers
appropriate.
``(e) Southwest Border.--The Director may not designate any county
contiguous to the international land border with Mexico as part of any
high intensity drug trafficking area other than as part of a single
Southwest Border high intensity drug trafficking area.
``(f) Removal From Designation.--The Director may remove an area or
portion of an area from designation as a high intensity drug
trafficking area under this section upon determination that the area or
portion of an area no longer is a high intensity drug trafficking area,
considering the factors in subsections (d) and (e) in addition to such
other criteria as the Director considers to be appropriate.
``(g) Authority of the Director.--After making such a designation
and in order to provide Federal assistance to the area so designated,
the Director may--
``(1) obligate such sums as appropriated for the Program,
in accordance with subsection (h);
``(2) direct the temporary reassignment of Federal
personnel to such area, subject to the approval of the head of
the department or agency that employs such personnel; and
``(3) take any other action authorized under section 704 to
provide increased Federal assistance to those areas.
``(h) Allocation of Funding.--In obligating sums appropriated for
the Program, the Director shall comply with the following:
``(1) 30 percent set aside.--The Director shall expend no
less than 30 percent of the amounts appropriated under this
section in the seven high intensity drug trafficking areas
(excluding the Southwest Border high intensity drug trafficking
area) for which the Director determines that Program activities
with respect to such areas will have the greatest impact on
reducing overall drug traffic in the United States.
``(2) 25 percent set aside.--The Director shall expend no
less than 25 percent of the amounts appropriated under this
section in nine other high intensity drug trafficking areas
(excluding the Southwest Border high intensity drug trafficking
area) for which the Director determines that Program activities
with respect to such areas will have the next greatest impact
on reducing overall drug traffic in the United States.
``(3) Southwest border area.--
``(A) 20 percent set aside.--The Director shall
expend no less than 20 percent of the amounts
appropriated under this section in the Southwest Border
high intensity drug trafficking area.
``(B) Reallocation within area.--The executive
committee of the Southwest Border high intensity drug
trafficking area may reallocate up to five percent of
the total funds allocated to that area among its
components, with the approval of the Director.
``(4) Remaining areas.--The Director shall expend no less
than 10 percent of the amounts appropriated under this section
in the remaining high intensity drug trafficking areas.
``(5) Discretionary expenditures.--
``(A) In general.--In addition to the amounts
allocated under paragraphs (1) through (4) the Director
may expend 15 percent of the amounts appropriated under
this section on a discretionary basis.
``(B) Consideration of impact.--In allocating funds
under this paragraph, the Director shall consider--
``(i) the impact of activities funded on
reducing overall drug traffic in the United
States;
``(ii) performance measures of
effectiveness; and
``(iii) such other criteria as the Director
considers appropriate.
``(i) Use of Funds.--
``(1) Limitation.--No funds appropriated for the Program
shall be expended for drug treatment programs.
``(2) Limitation on applicability.--Paragraph (1) shall not
apply with respect to the Baltimore/Washington high intensity
drug trafficking area.
``(j) Terrorism Activities.--
``(1) Assistance authorized.--The Director may authorize
use of resources available for the Program to assist Federal,
State, and local law enforcement agencies in investigations and
activities related to terrorism and prevention of terrorism,
especially but not exclusively where such investigations are
related to drug trafficking.
``(2) Limitation.--The Director shall ensure--
``(A) that assistance provided under paragraph (1)
remains incidental to the purpose of the Program to
reduce drug availability and carry out drug-related law
enforcement activities; and
``(B) that significant resources of the Program are
not redirected to activities exclusively related to
terrorism.
``(k) Board Representation.--None of the funds appropriated under
this section may be expended for any high intensity drug trafficking
area, or for a partnership under the Program, if the executive board or
equivalent governing committee with respect to such area or partnership
is not comprised of equal voting representation between representatives
of Federal law enforcement agencies and representatives of State and
local law enforcement agencies.
``(l) Role of Drug Enforcement Administration.--The Director, in
consultation with the Attorney General, shall ensure that a
representative of the Drug Enforcement Administration is included in
the Intelligence Support Center for each high intensity drug
trafficking area.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to the Office of National Drug Control Policy to carry out
this section--
``(1) $230,000,000 for fiscal year 2004;
``(2) $240,000,000 for each of fiscal years 2005 and 2006;
and
``(3) $250,000,000 for each of fiscal years 2007 and
2008.''.
(b) Review of Current Areas.--Within one year after the date of
enactment of this Act, the Director of National Drug Control Policy
shall--
(1) review each of the areas currently designated as a high
intensity drug trafficking area to determine whether it
continues to warrant designation as a high intensity drug
trafficking area, considering the factors in section 707(d) of
the Office of National Drug Control Policy Reauthorization Act
of 1998, as amended by this section, in addition to such other
criteria as the Director considers to be appropriate; and
(2) terminate such description for an area or portion of an
area determined to no longer warrant designation.
SEC. 7. FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING AREAS.
(a) Short Title.--This section may be cited as the ``Dawson Family
Community Protection Act''.
(b) Findings.--Congress finds the following:
(1) In the early morning hours of October 16, 2002, the
home of Carnell and Angela Dawson was firebombed in apparent
retaliation for Mrs. Dawson's notification of police about
persistent drug distribution activity in their East Baltimore
City neighborhood.
(2) The arson claimed the lives of Mr. and Mrs. Dawson and
their 5 young children, aged 9 to 14.
(3) The horrific murder of the Dawson family is a stark
example of domestic narco-terrorism.
(4) In all phases of counter-narcotics law enforcement--
from prevention to investigation to prosecution to reentry--the
voluntary cooperation of ordinary citizens is a critical
component.
(5) Voluntary cooperation is difficult for law enforcement
officials to obtain when citizens feel that cooperation carries
the risk of violent retaliation by illegal drug trafficking
organizations and their affiliates.
(6) Public confidence that law enforcement is doing all it
can to make communities safe is a prerequisite for voluntary
cooperation among people who may be subject to intimidation or
reprisal (or both).
(7) Witness protection programs are insufficient on their
own to provide security because many individuals and families
who strive every day to make distressed neighborhoods livable
for their children, other relatives, and neighbors will resist
or refuse offers of relocation by local, State, and Federal
prosecutorial agencies and because, moreover, the continued
presence of strong individuals and families is critical to
preserving and strengthening the social fabric in such
communities.
(8) Where (as in certain sections of Baltimore City)
interstate trafficking of illegal drugs has severe ancillary
local consequences within areas designated as high intensity
drug trafficking areas, it is important that supplementary High
Intensity Drug Trafficking Areas Program funds be committed to
support initiatives aimed at making the affected communities
safe for the residents of those communities and encouraging
their cooperation with local, State, and Federal law
enforcement efforts to combat illegal drug trafficking.
(c) Funding for Certain High Intensity Drug Trafficking Areas.--
Section 707 (21 U.S.C. 1706) is further amended in subsection (h) by
adding at the end the following new paragraph:
``(6) Specific purposes.--
``(A) In general.--The Director shall ensure that,
of the amounts appropriated for a fiscal year for the
Program, at least $1,000,000 is used in high intensity
drug trafficking areas with severe neighborhood safety
and illegal drug distribution problems.
``(B) Required uses.--The funds used under
subparagraph (A) shall be used--
``(i) to ensure the safety of neighborhoods
and the protection of communities, including
the prevention of the intimidation of potential
witnesses of illegal drug distribution and
related activities; and
``(ii) to combat illegal drug trafficking
through such methods as the Director considers
appropriate, such as establishing or operating
(or both) a toll-free telephone hotline for use
by the public to provide information about
illegal drug-related activities.''.
SEC. 8. AMENDMENTS RELATING TO COUNTER-DRUG TECHNOLOGY ASSESSMENT
CENTER.
(a) Chief Scientist.--Section 708(b) (21 U.S.C. 1707(b)) is
amended--
(1) in the heading by striking ``Director of Technology.--
'' and inserting ``Chief Scientist.--''; and
(2) by striking ``Director of Technology,'' and inserting
``Chief Scientist,''.
(b) Additional Responsibilities of Director.--Section 708(c) (21
U.S.C. 1707(c)) is amended to read as follows:
``(c) Additional Responsibilities of the Director of National Drug
Control Policy.--
``(1) In general.--The Director, acting through the Chief
Scientist shall--
``(A) identify and define the short-, medium-, and
long-term scientific and technological needs of
Federal, State, and local law enforcement agencies
relating to drug enforcement, including--
``(i) advanced surveillance, tracking, and
radar imaging;
``(ii) electronic support measures;
``(iii) communications;
``(iv) data fusion, advanced computer
systems, and artificial intelligence; and
``(v) chemical, biological, radiological
(including neutron, electron, and graviton),
and other means of detection;
``(B) identify demand reduction (including drug
prevention) basic and applied research needs and
initiatives, in consultation with affected National
Drug Control Program agencies, including--
``(i) improving treatment through
neuroscientific advances;
``(ii) improving the transfer of biomedical
research to the clinical setting; and
``(iii) in consultation with the National
Institute on Drug Abuse and the Substance Abuse
and Mental Health Services Administration, and
through interagency agreements or grants,
examining addiction and rehabilitation research
and the application of technology to expanding
the effectiveness or availability of drug
treatment;
``(C) make a priority ranking of such needs
identified in subparagraphs (A) and (B) according to
fiscal and technological feasibility, as part of a
National Counter-Drug Enforcement Research and
Development Program;
``(D) oversee and coordinate counter-drug
technology initiatives with related activities of other
Federal civilian and military departments;
``(E) oversee and coordinate a technology transfer
program for the transfer of technology to State and
local law enforcement agencies; and
``(F) pursuant to the authority of the Director of
National Drug Control Policy under section 704, submit
requests to Congress for the reprogramming or transfer
of funds appropriated for counter-drug technology
research and development.
``(2) Priorities in transferring technology.--In
transferring technology under the authority of paragraph
(1)(E), the Chief Scientist shall give priority, in
transferring technologies most likely to assist in drug
interdiction and border enforcement, to State, local, and
tribal law enforcement agencies in southwest border areas and
northern border areas with significant traffic in illicit
drugs.
``(3) Limitation on authority.--The authority granted to
the Director under this subsection shall not extend to the
award of contracts, management of individual projects, or other
operational activities.''.
(c) Assistance From Secretary of Homeland Security.--Section 708(d)
(21 U.S.C. 1707(d)) is amended by inserting ``, the Secretary of
Homeland Security,'' after ``The Secretary of Defense''.
SEC. 9. REPEALS.
The following provisions are repealed:
(1) Sections 709 and 711 (21 U.S.C. 1708 and 1710).
(2) Section 6073 of the Asset Forfeiture Amendments Act of
1988 (21 U.S.C. 1509).
SEC. 10. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.
(a) In General.--The Act is further amended by inserting after
section 708 the following:
``SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.
``(a) In General.--The Director shall conduct a national media
campaign in accordance with this section for the purpose of reducing
and preventing illicit drug use among young people in the United
States, through mass media advertising.
``(b) Use of Funds.--
``(1) In general.--Amounts made available to carry out this
section for the media campaign may only be used for the
following:
``(A) The purchase of media time and space.
``(B) Creative and talent costs.
``(C) Advertising production costs.
``(D) Testing and evaluation of advertising.
``(E) Evaluation of the effectiveness of the media
campaign.
``(F) The negotiated fees for the winning bidder on
requests for proposals issued either by the Office or
its designee for purposes otherwise authorized in this
section.
``(G) Partnerships with community, civic, and
professional groups and government organizations
related to the media campaign.
``(H) Entertainment industry outreach, interactive
outreach, media projects and activities, public
information, news media outreach, and corporate
sponsorship and participation.
``(I) Operational and management expenses.
``(2) Specific requirements.--
``(A) Creative services.--
``(i) In using amounts for creative and
talent costs under paragraph (1)(B), the
Director shall use creative services donated at
no cost to the Government wherever feasible and
may only procure creative services for
advertising--
``(I) responding to high-priority
or emergent campaign needs that cannot
timely be obtained at no cost; or
``(II) intended to reach a
minority, ethnic, or other special
audience that cannot reasonably be
obtained at no cost.
``(ii) No more than $1,000,000 may be
expended under this section each fiscal year on
creative services, except that the Director may
expend up to $2,000,000 in a fiscal year on
creative services to meet urgent needs of the
media campaign with advance approval from the
Committee on Appropriations of the House of
Representatives and of the Senate upon a
showing of the circumstances causing such
urgent needs of the media campaign.
``(B) Testing and evaluation of advertising.--In
using amounts for testing and evaluation of advertising
under paragraph (1)(D), the Director shall test all
advertisements prior to use in the media campaign to
ensure that the advertisements are effective and meet
industry-accepted standards. The Director may waive
this requirement for advertisements using no more than
10 percent of the purchase of advertising time
purchased under this section in an fiscal year and no
more than 10 percent of the advertising space purchased
under this section in a fiscal year, if the
advertisements respond to emergent and time-sensitive
campaign needs or the advertisements will not be widely
utilized in the media campaign.
``(C) Evaluation of effectiveness of media
campaign.--In using amounts for the evaluation of the
effectiveness of the media campaign under paragraph
(1)(E), the Director shall--
``(i) designate an independent entity to
evaluate annually the effectiveness of the
national media campaign based on data from--
``(I) the `Monitoring the Future
Study' published by the Department of
Health and Human Services;
``(II) the Attitude Tracking Study
published by the Partnership for a Drug
Free America;
``(III) the National Household
Survey on Drug Abuse; and
``(IV) other relevant studies or
publications, as determined by the
Director, including tracking and
evaluation data collected according to
marketing and advertising industry
standards; and
``(ii) ensure that the effectiveness of the
media campaign is evaluated in a manner that
enables consideration of whether the media
campaign has contributed to reduction of
illicit drug use among youth and such other
measures of evaluation as the Director
determines are appropriate.
``(3) Purchase of advertising time and space.--For each
fiscal year, not less than 77 percent of the amounts
appropriated under this section shall be used for the purchase
of advertising time and space for the media campaign, subject
to the following exceptions:
``(A) In any fiscal year for which less than
$125,000,000 is appropriated for the media campaign,
not less than 82 percent of the amounts appropriated
under this section shall be used for the purchase of
advertising time and space for the media campaign.
``(B) In any fiscal year for which more than
$195,000,000 is appropriated under this section, not
less than 72 percent shall be used for advertising
production costs and the purchase of advertising time
and space for the media campaign.
``(c) Advertising.--In carrying out this section, the Director
shall devote sufficient funds to the advertising portion of the
national media campaign to meet the goals of the campaign.
``(d) Prohibitions.--None of the amounts made available under
subsection (b) may be obligated or expended for any of the following:
``(1) To supplant current antidrug community-based
coalitions.
``(2) To supplant pro bono public service time donated by
national and local broadcasting networks for other public
service campaigns.
``(3) For partisan political purposes, or express advocacy
in support of or to defeat any clearly identified candidate,
clearly identified ballot initiative, or clearly identified
legislative or regulatory proposal.
``(4) To fund advertising that features any elected
officials, persons seeking elected office, cabinet level
officials, or other Federal officials employed pursuant to
section 213 of Schedule C of title 5, Code of Federal
Regulations.
``(5) To fund advertising that does not contain a primary
message intended to reduce or prevent illicit drug use.
``(6) To fund advertising containing a primary message
intended to promote support for the media campaign or private
sector contributions to the media campaign.
``(e) Matching Requirement.--
``(1) In general.--Amounts made available under subsection
(b) shall be matched by an equal amount of non-Federal funds
for the media campaign, or be matched with in-kind
contributions of the same value.
``(2) No-cost match advertising direct relationship
requirement.--The Director shall ensure that at least 70
percent of no-cost match advertising provided directly relates
to substance abuse prevention consistent with the specific
purposes of the media campaign, except that in any fiscal year
in which less than $125,000,000 is appropriated to the media
campaign, the Director shall ensure that at least 85 percent of
no-cost match advertising directly relates to substance abuse
prevention consistent with the specific purposes of the media
campaign.
``(3) No-cost match advertising not directly related.--The
Director shall ensure that no-cost match advertising that does
not directly relate to substance abuse prevention includes a
clear antidrug message. Such message is not required to be the
primary message of the match advertising.
``(f) Financial and Performance Accountability.--The Director shall
cause to be performed--
``(1) audits and reviews of costs of the media campaign
pursuant to section 304C of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254d); and
``(2) an audit of the cost of the media campaign described
in section 306 of such Act (41 U.S.C. 256).
``(g) Strategic Guidance and Donations.--The Partnership for a Drug
Free America shall serve as the primary outside strategic advisor to
the media campaign and be responsible for coordinating donations of
creative and other services to the campaign, except with respect to
advertising created using funds permitted in subsection (b). The
Director shall inform the Partnership for a Drug Free America of the
strategic goals of the campaign and consider advice from the
Partnership for a Drug Free America on media campaign strategy.
``(h) Report to Congress.--The Director shall submit on an annual
basis a report to Congress that describes--
``(1) the strategy of the media campaign and whether
specific objectives of the media campaign were accomplished;
``(2) steps taken to ensure that the media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the media campaign;
``(3) plans to purchase advertising time and space;
``(4) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising time
and space and eliminate the potential for waste, fraud, and
abuse; and
``(5) all contracts entered into with a corporation,
partnership, or individual working on behalf of the media
campaign.
``(i) Local Target Requirement.--The Director shall, to the maximum
extent feasible, use amounts made available under this section for
media that focuses on, or includes specific information on, prevention
or treatment resources for consumers within specific local areas.
``(j) Prevention of Marijuana Use.--
``(1) Findings.--The Congress finds the following:
``(A) 60 percent of adolescent admissions for drug
treatment are based on marijuana use.
``(B) Potency levels of contemporary marijuana,
particularly hydroponically grown marijuana, are
significantly higher than in the past, rising from
under 1 percent of THC in the mid-1970s to as high as
30 percent today.
``(C) Contemporary research has demonstrated that
youths smoking marijuana early in life may be up to
five times more likely to use hard drugs.
``(D) Contemporary research has demonstrated clear
detrimental effects in adolescent educational
achievement resulting from marijuana use.
``(E) Contemporary research has demonstrated clear
detrimental effects in adolescent brain development
resulting from marijuana use.
``(F) An estimated 9,000,000 Americans a year drive
while under the influence of illegal drugs, including
marijuana.
``(G) Marijuana smoke contains 50 to 70 percent
more of certain cancer causing chemicals than tobacco
smoke.
``(H) Teens who use marijuana are up to four times
more likely to have a teen pregnancy than teens who
have not.
``(I) Federal law enforcement agencies have
identified clear links suggesting that trade in
hydroponic marijuana facilitates trade by criminal
organizations in hard drugs, including heroin.
``(J) Federal law enforcement agencies have
identified possible links between trade in marijuana
and financing for terrorist organizations.
``(2) Emphasis on prevention of youth marijuana use.--In
conducting advertising and activities otherwise authorized
under this section, the Director may emphasize prevention of
youth marijuana use.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to the Office to carry out this section, $195,000,000 for
each of fiscal years 2004 and 2005 and $210,000,000 for each of fiscal
years 2006 through 2008.''.
(b) Repeal of Superseded Provisions.--The Drug-Free Media Campaign
Act of 1998 (21 U.S.C. 1801 et seq.) is repealed.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 714 (21 U.S.C. 1711) is amended--
(1) by striking ``title,'' and inserting ``title, except
activities for which amounts are otherwise specifically
authorized by this title,''; and
(2) by striking ``1999 through 2003'' and inserting ``2004
through 2008''.
SEC. 12. EXTENSION OF TERMINATION DATE.
Section 715(a) is amended by striking ``September 30, 2003, this
title and the amendments made by this title are repealed'' and
inserting ``September 30, 2008, this title is repealed''.
Passed the House of Representatives September 30, 2003.
Attest:
JEFF TRANDAHL,
Clerk.