To reauthorize the Office of National Drug Control Policy.

May 14, 2003

Mr. SOUDER (for himself and Mr. TOM DAVIS of Virginia) introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committees on the Judiciary, Energy and Commerce, and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To reauthorize the Office of National Drug Control Policy.

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

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

(a) SHORT TITLE- This Act may be cited as the `Office of National Drug Control Policy Reauthorization Act of 2003'.

(b) AMENDMENT OF OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 1998- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Office of National Drug Control Policy Reauthorization Act of 1998 (Public Law 105-277; 21 U.S.C. 1701 et seq.).

(c) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; references; table of contents.

Sec. 2. Amendments to definitions.

Sec. 3. Amendments relating to appointment and duties of Director and Deputy Directors.

Sec. 4. Amendments relating to coordination with other agencies.

Sec. 5. Development, submission, implementation, and assessment of National Drug Control Strategy.

Sec. 6. High intensity drug trafficking areas program.

Sec. 7. Funding for certain high intensity drug trafficking areas.

Sec. 8. Amendments relating to Counter-Drug Technology Assessment Center.

Sec. 9. Repeals.

Sec. 10. National Youth Anti-Drug Media Campaign.

Sec. 11. Authorization of appropriations.

Sec. 12. Extension of termination date.

SEC. 2. AMENDMENTS TO DEFINITIONS.

(a) AMENDMENTS TO DEFINITIONS- Section 702 is amended--

(1) in paragraph (1)--

(A) by striking `and' at the end of subparagraph (F);

(B) by striking the period at the end of subparagraph (G); and

(C) by adding at the end the following:

`(H) interventions for drug abuse and dependence; and

`(I) international drug control coordination and cooperation with respect to activities described in this paragraph.'.

(2) in paragraph (9), by striking `implicates' and inserting `indicates';

(3) in paragraph (10)--

(A) by striking `and' at the end of subparagraph (B);

(B) by striking the period at the end of subparagraph (C) and inserting `; and'; and

(C) by adding at the end the following:

`(D) domestic drug law enforcement, including law enforcement directed at drug users.'; and

(4) in paragraph (11)--

(A) by inserting before the semicolon in subparagraph (A) the following: `(including source country programs, and law enforcement outside the United States)';

(B) by inserting `and' after the semicolon in subparagraph (B);

(C) by striking `; and' at the end of subparagraph (C) and inserting a period; and

(D) by striking subparagraph (D).

(b) CONFORMING AMENDMENTS- Section 703(b)(3) is amended--

(1) in subparagraph (A), by striking `(G)' and inserting `(H)'; and

(2) in subparagraph (C)--

(A) by striking `(C)' and inserting `(D)'; and

(B) by striking `and subparagraph (D) of section 702(11)'.

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

(a) DESIGNATION OF OTHER OFFICERS- Section 704(a)(3) is amended--

(1) by striking `permanent employee' and inserting `officer or employee'; and

(2) by striking `serve as the Director' and inserting `serve as the acting Director'.

(b) RESPONSIBILITIES OF DIRECTOR- Section 704(b) is amended--

(1) in paragraph (4), by striking `Federal departments and agencies engaged in drug enforcement,' and inserting `National Drug Control Program agencies,';

(2) by inserting `and' at the end of paragraph (12);

(3) by striking paragraphs (13) and (14); and

(4) by redesignating paragraph (15) as paragraph (13).

(c) REVIEW AND CERTIFICATION OF NATIONAL DRUG CONTROL PROGRAM BUDGET- Section 704(c)(3) is amended--

(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

(2) by inserting after subparagraph (B) the following new subparagraph:

`(C) SPECIFIC REQUESTS- The Director shall not confirm the adequacy of any budget request that--

`(i) requests funding for Federal law enforcement activities that do not adequately compensate for transfers of drug enforcement resources and personnel to law enforcement and investigation activities not related to drug enforcement as determined by the Director;

`(ii) requests funding for law enforcement activities on the borders of the United States that do not adequately direct resources to drug interdiction and enforcement as determined by the Director;

`(iii) requests funding for drug treatment activities that do not provide adequate result and accountability measures as determined by the Director;

`(iv) requests funding for any activities of the Safe and Drug Free Schools Program that do not include a clear anti-drug message; or

`(v) requests funding to enforce section 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)(1)) with respect to convictions for drug-related offenses not occurring during a period of enrollment for which the student was receiving any Federal grant, loan, or work assistance.';

(3) in subparagraph (D), as so redesignated, by inserting `and the authorizing Committees for the Office' after `House of Representatives'; and

(4) in subparagraph (E)(ii)(bb), as so redesignated, by inserting `and the authorizing Committees for the Office' after `House of Representatives'.

(d) REPROGRAMMING AND TRANSFER REQUESTS- Section 794(c)(4)(A) is amended by striking `$5,000,000' and inserting `$1,000,000'.

(e) POWERS OF DIRECTOR- Section 704(d) is amended--

(1) in paragraph (8)(D), by striking `have been authorized by Congress;' and inserting `authorized by law;';

(2) in paragraph (9)--

(A) by inserting `notwithstanding any other provision of law,' after `(9)'; and

(B) by striking `Strategy; and' and inserting `Strategy and notify the authorizing committees of the Congress for the Office of any fund control notice issued;'

(3) in paragraph (10), by striking `(22 U.S.C. 2291j).' and inserting `(22 U.S.C. 2291j) and section 706 of the Department of State Authorization Act for Fiscal Year 2003 (22 U.S.C. 229j-l);';

(4) by adding at the end the following new paragraphs:

`(11) not later than August 1 of each year, submit to the President a report, and transmit copies of the report to the Secretary of State and the authorizing committees of the Congress for the Office, that--

`(A) provides the Director's assessment of which countries are major drug transit countries or major illicit drug producing countries as defined in section 481(e) of the Foreign Assistance Act of 1961;

`(B) provides the Director's assessment of whether each country identified under subparagraph (A) has cooperated fully with the United States or has taken adequate steps on its own to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and otherwise has assisted in reducing the supply of illicit drugs to the United States; and

`(C) provides the Director's assessment of whether application of procedures set forth in section 490(a) through (h) of the Foreign Assistance Act of 1961, as provided in section 706 of the Department of State Authorization Act for Fiscal Year 2003, is warranted with respect to countries the Director assesses have not cooperated fully; and

`(12) appoint a United States Interdiction Coordinator under subsection (i).'.

(f) UNITED STATES INTERDICTION COORDINATOR- Section 704 (21 U.S.C. 1703) is further amended by adding at the end the following:

`(i) UNITED STATES INTERDICTION COORDINATOR-

`(1) IN GENERAL- There shall be in the Office a United States Interdiction Coordinator, who shall be appointed by the Director and shall perform duties determined by the Director with respect to coordination of efforts to interdict illicit drugs from the United States.

`(2) APPOINTMENT-

`(A) IN GENERAL- Notwithstanding any other provision of law (except subparagraph (B)), the Director may appoint any individual to serve as the United States Interdiction Coordinator.

`(B) LIMITATION- The Director may not appoint to such position any individual who concurrently serves as the head of any other Federal department or agency or any subdivision thereof with responsibility for narcotics interdiction activities, except the counternarcotics officer of the Department of Homeland Security appointed under section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458).'.

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

Section 705 is amended--

(1) in subsection (a)(1)(A), by striking `abuse';

(2) by amending paragraph (3) of subsection (a) to read as follows:

`(3) REQUIRED REPORTS-

`(A) The Secretaries of Agriculture and Interior shall, by July 1 of each year, jointly submit to the Director and the authorizing Committees for the Office an assessment of the quantity of illegal drug cultivation and manufacturing in the United States on lands owned or under the jurisdiction of the Federal Government for the preceding year.

`(B) The Attorney General shall, by July 1 of each year, submit to the Director and the

authorizing Committees for the Office information for the preceding year regarding the number and type of--

`(i) arrests for drug violations;

`(ii) prosecutions for drug violations by United States Attorneys; and

`(iii) the number and type of seizures of drugs by each component of the Department seizing drugs, as well as statistical information on the geographic areas of such seizures.

`(C) The Secretary of Homeland Security shall, by July 1 of each year, submit to the Director and the authorizing Committees for the Office information for the preceding year regarding--

`(i) the number and type of seizures of drugs by each component of the Department seizing drugs, as well as statistical information on the geographic areas of such seizures; and

`(ii) the number of air and maritime patrol hours undertaken by each component of the Department primarily dedicated to drug supply reduction missions.

`(D) The Secretary of Defense shall, by July 1 of each year, submit to the Director and the authorizing Committees for the Office information for the preceding year regarding the number of air and maritime patrol hours primarily dedicated to drug supply reduction missions undertaken by each component of the Department of Defense.'; and

(3) in subsection (b)(2)(B), by striking `Program.' and inserting `Strategy.'

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

Section 706 is amended to read as follows:

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

`(a) TIMING, CONTENTS, AND PROCESS FOR DEVELOPMENT AND SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY-

`(1) IN GENERAL- Not later than February 1 of each year, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan for reducing illicit drug use and the consequences of illicit drug use in the United States by reducing the demand for illegal drugs, limiting the availability of illegal drugs, and conducting law enforcement activities with respect to illegal drugs.

`(2) CONTENTS-

`(A) IN GENERAL- The National Drug Control Strategy submitted under paragraph (1) shall include--

`(i) comprehensive, research-based, long-range, quantifiable, goals for reducing illicit drug use and the consequences of illicit drug use in the United States;

`(ii) annual objectives and strategy for demand reduction, supply reduction, and law enforcement activities, specific targets to accomplish long-range quantifiable reduction in illicit drug use as determined by the Director, and specific measurements to evaluate progress toward the targets and strategic goals;

`(iii) a strategy to reduce the availability and purity of illegal drugs and the level of drug-related crime in the United States;

`(iv) an assessment of Federal effectiveness in achieving the National Drug Control Strategy for the previous year, including--

`(I) a specific evaluation of whether the objectives and targets for reducing illicit drug use for the previous year were met and reasons for the success or failure of the previous year's Strategy; and

`(II) an assessment of the availability and purity of illegal drugs and the level of drug-related crime in the United States;

`(v) notification of any program or budget priorities that the Director expects to significantly change from the current Strategy over the next five years;

`(vi) a review of international, State, local, and private sector drug control activities to ensure that the United States pursues well-coordinated and effective drug control at all levels of government;

`(vii) such statistical data and information as the Director deems appropriate to demonstrate and assess trends relating to illicit drug use, the effects and consequences thereof, supply reduction, demand reduction, drug-related law enforcement, and the implementation of the National Drug Control Strategy; and

`(viii) a supplement reviewing the activities of each individual National Drug Control Program agency during the previous year with respect to the National Drug Control Strategy and the Director's assessment of the progress of each National Drug Control Program agency in meeting its responsibilities under the National Drug Control Strategy.

`(B) CLASSIFIED INFORMATION- Any contents of the National Drug Control Strategy that involve information properly classified under criteria established by an Executive order shall be presented to Congress separately from the rest of the National Drug Control Strategy.

`(C) SELECTION OF DATA AND INFORMATION- In selecting data and information for inclusion under subparagraph (A), the Director shall ensure--

`(i) the inclusion of data and information that will permit analysis of current trends against previously compiled data and information where the Director believes such analysis enhances long-term assessment of the National Drug Control Strategy; and

`(ii) the inclusion of data and information to permit a standardized and uniform assessment of the effectiveness of drug treatment programs in the United States.

`(3) PROCESS FOR DEVELOPMENT AND SUBMISSION-

`(A) CONSULTATION- In developing and effectively implementing the National Drug Control Strategy, the Director--

`(i) shall consult with--

`(I) the heads of the National Drug Control Program agencies;

`(II) Congress;

`(III) State and local officials;

`(IV) private citizens and organizations with experience and expertise in demand reduction;

`(V) private citizens and organizations with experience and expertise in supply reduction;

`(VI) private citizens and organizations with experience and expertise in law enforcement; and

`(VII) appropriate representatives of foreign governments;

`(ii) with the concurrence of the Attorney General, may require the El Paso Intelligence Center to undertake specific tasks or projects to implement the National Drug Control Strategy;

`(iii) with the concurrence of the Director of Central Intelligence and the Attorney General, may request that the National Drug Intelligence Center undertake specific tasks or projects to implement the National Drug Control Strategy; and

`(iv) may make recommendations to the Secretary of Health and Human Services on research that supports or advances the National Drug Control Strategy.

`(B) RECOMMENDATIONS- Recommendations under subparagraph (A)(iv) may include recommendations of research to be performed at the National Institutes of Health, including the National Institute on Drug Abuse, or any other appropriate agency within the Department of Health and Human Services.

`(C) INCLUSION IN STRATEGY- The National Drug Control Strategy under this subsection shall include a list of each entity consulted under subparagraph (A)(i).

`(4) SUBMISSION OF REVISED STRATEGY- The President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section--

`(A) at any time, upon a determination by the President, in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; or

`(B) if a new President or Director takes office.

`(b) PERFORMANCE MEASUREMENT SYSTEM- Not later than February 1 of each year, the Director shall submit to Congress a description of the national drug control performance measurement system, designed in consultation with affected National Drug Control Program agencies, that includes performance measures for the National Drug Control Strategy and activities of National Drug Control Program agencies related to the National Drug Control Strategy.'.

SEC. 6. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

Section 707 is amended to read as follows:

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

`(a) ESTABLISHMENT- There is established in the Office a program to be known as the High Intensity Drug Trafficking Areas Program (in this section referred to as the `Program').

`(b) DESIGNATION- The Director, upon consultation with the Attorney General, the Secretary of the Treasury, the Secretary of Homeland Security, heads of the National Drug Control Program agencies, and the Governor of each applicable State, may designate any specified area of the United States as a high intensity drug trafficking area.

`(c) FACTORS FOR CONSIDERATION- (1) In considering whether to designate an area under this section as a high intensity drug trafficking area, the Director shall consider, in addition to such other criteria as the Director considers to be appropriate, the extent to which--

`(A) the area is a major center of illegal drug production, manufacturing, importation, or distribution for the United States and as compared to other areas of the United States;

`(B) State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to respond aggressively to the problem;

`(C) drug-related production, manufacturing, importation, or distribution in the area is having a significant harmful impact in other areas of the United States; and

`(D) a significant increase in allocation of Federal resources is necessary to respond adequately to drug-related activities in the area.

`(2) For purposes of paragraph (1)(A), in considering whether an area is a major center of illegal drug production, manufacturing, importation, or distribution as compared to other areas of the United States, the Director shall consider--

`(A) the quantity of illicit drug traffic entering or transiting the area originating in foreign countries;

`(B) the quantity of illicit drugs produced in the area;

`(C) the number of Federal, State, and local arrests, prosecutions, and convictions for drug trafficking and distribution offenses in the area;

`(D) the degree to which the area is a center for the activities of national drug trafficking organizations; and

`(E) such other criteria as the Director considers appropriate.

`(d) SOUTHWEST BORDER- The Director may not designate any county contiguous to the international land border with Mexico as part of any high intensity drug trafficking area other than a single Southwest Border high intensity drug trafficking area.

`(e) REMOVAL FROM DESIGNATION- The Director may remove an area or portion of an area from designation as a high intensity drug trafficking area under this section upon determination that the area or portion of an area no longer is a high intensity drug trafficking area, considering the factors in subsections (c) and (d) in addition to such other criteria as the Director considers to be appropriate.

`(f) REVIEW OF CURRENT AREAS- Within one year from the date of enactment, the Director shall review each current high intensity drug trafficking area to determine whether it continues to warrant designation as a high intensity drug trafficking area, considering the factors in subsection (c) in addition to such other criteria as the Director considers to be appropriate. The Director shall remove from designation any high intensity drug trafficking area or portion of any high intensity drug trafficking area determined to no longer warrant designation.

`(g) AUTHORITY OF THE DIRECTOR- After making such a designation and in order to provide Federal assistance to the area so designated, the Director may--

`(1) obligate such sums as appropriated for the Program, in accordance with subsection (h);

`(2) direct the temporary reassignment of Federal personnel to such area, subject to the approval of the head of the department or agency that employs such personnel; and

`(3) take any other action authorized under section 704 to provide increased Federal assistance to those areas.

`(h) ALLOCATION OF FUNDING- In obligating sums appropriated for the Program--

`(1) The Director shall expend no less than 30 percent of the amounts appropriated under this section in the seven high intensity drug trafficking areas (excluding the Southwest Border high intensity drug trafficking area) the Director determines to have the greatest impact on reducing overall drug traffic in the United States.

`(2) The Director shall expend no less than 25 percent of the amounts appropriated under this section in the nine high intensity drug trafficking areas (excluding the Southwest Border high intensity drug trafficking area) the Director determines to have the next greatest impact on reducing overall drug traffic in the United States;

`(3) The Director shall expend no less than 20 percent of the amounts appropriated under this section in the Southwest Border high intensity drug trafficking area. The executive committee of the Southwest Border high intensity drug trafficking area may reallocate up to five percent of the total funds allocated to that area among its components, with the approval of the Director.

`(4) The Director shall expend no less than 10 percent of the amounts appropriated under this section in the remaining high intensity drug trafficking areas.

`(5) In addition to the amounts allocated under paragraphs (1) through (4) of this subsection, the Director may expend 15 percent of the amounts appropriated under this section on a discretionary basis. In allocating funds under this paragraph, the Director shall consider the impact of activities funded on reducing overall drug traffic in the United States.

`(i) USE OF FUNDS-

`(1) LIMITATION- No funds appropriated for the Program shall be expended for drug prevention or drug treatment programs.

`(2) LIMITATION ON APPLICABILITY- Paragraph (1) shall not apply with respect to the Baltimore/Washington high intensity drug trafficking area.

`(j) TERRORISM ACTIVITIES- The Director may authorize high intensity drug trafficking areas to assist Federal, State, and local law enforcement agencies in investigations and activities related to terrorism and prevention of terrorism, especially but not exclusively where such investigations are related to drug trafficking. The Director shall ensure that assistance to such investigations remains incidental to the mission of high intensity drug trafficking areas to reduce drug availability and carry out drug-related law enforcement activities and that significant resources of the high intensity drug trafficking areas program are not redirected to activities exclusively related to terrorism.

`(k) BOARD REPRESENTATION- None of the funds appropriated under this section may be expended in any high intensity drug trafficking area or for a partnership under the Program in which the executive board or equivalent governing committee is not comprised of equal voting representation between representatives of Federal law enforcement agencies and representatives of State and local law enforcement agencies.

`(l) ROLE OF DRUG ENFORCEMENT ADMINISTRATION- The Director in consultation with the Attorney General shall ensure that a representative of the Drug Enforcement Administration is included in the Intelligence Support Center of each high intensity drug trafficking area.

`(m) MARIJUANA ENFORCEMENT- The Director may direct the reallocation of up to 5 percent of funds available for a fiscal year for the Program, from State and local law enforcement agencies to Federal law enforcement agencies to assist in enforcement of Federal law in high intensity drug trafficking areas containing States where State law permits the use of marijuana in a manner inconsistent with the Controlled Substances Act.

`(n) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this section, $230,000,000 for fiscal year 2004, $240,000,000 for fiscal years 2005 and 2006, and $250,000,000 for fiscal years 2007 and 2008.

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

(a) SHORT TITLE- This section may be cited as the `Dawson Family Community Protection Act'.

(b) FINDINGS- Congress finds the following:

(1) In the early morning hours of October 16, 2002, the home of Carnell and Angela Dawson was firebombed in apparent retaliation for Mrs. Dawson's notification of police about persistent drug distribution activity in their East Baltimore City neighborhood.

(2) The arson claimed the lives of Mr. and Mrs. Dawson and their 5 young children, aged 9 to 14.

(3) The horrific murder of the Dawson family is a stark example of domestic narco-terrorism.

(4) In all phases of counter-narcotics law enforcement--from prevention to investigation to prosecution to reentry--the voluntary cooperation of ordinary citizens is a critical component.

(5) Voluntary cooperation is difficult for law enforcement officials to obtain when citizens feel that cooperation carries the risk of violent retaliation by illegal drug trafficking organizations and their affiliates.

(6) Public confidence that law enforcement is doing all it can to make communities safe is a prerequisite for voluntary cooperation among people who may be subject to intimidation or reprisal (or both).

(7) Witness protection programs are insufficient on their own to provide security because many individuals and families who strive every day to make distressed neighborhoods livable for their children, other relatives, and neighbors will resist or refuse offers of relocation by local, State, and Federal prosecutorial agencies and because, moreover, the continued presence of strong individuals and families is critical to preserving and strengthening the social fabric in such communities.

(8) Where (as in certain sections of Baltimore City) interstate trafficking of illegal drugs has severe ancillary local consequences within areas designated as high intensity drug trafficking areas, it is important that supplementary High Intensity Drug Trafficking Areas Program funds be committed to support initiatives aimed at making the affected communities safe for the residents of those communities and encouraging their cooperation with local, State, and Federal law enforcement efforts to combat illegal drug trafficking.

(c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING AREAS- Section 707 is further amended in subsection (i) by adding at the end the following new paragraph:

`(3) SPECIFIC PURPOSES- The Director shall ensure that, of the amounts appropriated for a fiscal year for the Program, at least $1,000,000 is used in high intensity drug trafficking areas with severe neighborhood safety and illegal drug distribution problems. The funds shall be used--

`(A) to ensure the safety of neighborhoods and the protection of communities, including the prevention of the intimidation of potential witnesses of illegal drug distribution and related activities; and

`(B) to combat illegal drug trafficking through such methods as the Director considers appropriate, such as establishing or operating (or both) a toll-free telephone hotline for use by the public to provide information about illegal drug-related activities.'.

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

(a) CHIEF SCIENTIST- Section 708(b) is amended--

(1) in the heading by striking `DIRECTOR OF TECHNOLOGY- ' and inserting `CHIEF SCIENTIST- '; and

(2) by striking `Director of Technology,' and inserting `Chief Scientist,'.

(b) ADDITIONAL RESPONSIBILITIES OF DIRECTOR- Section 708(c) is amended to read as follows:

`(c) ADDITIONAL RESPONSIBILITIES OF THE DIRECTOR OF NATIONAL DRUG CONTROL POLICY-

`(1) IN GENERAL- The Director, acting through the Chief Scientist shall--

`(A) identify and define the short-, medium-, and long-term scientific and technological needs of Federal, State, and local law enforcement agencies relating to drug enforcement, including--

`(i) advanced surveillance, tracking, and radar imaging;

`(ii) electronic support measures;

`(iii) communications;

`(iv) data fusion, advanced computer systems, and artificial intelligence; and

`(v) chemical, biological, radiological (including neutron, electron, and graviton), and other means of detection;

`(B) identify demand reduction (including drug prevention) basic and applied research needs and initiatives, in consultation with affected National Drug Control Program agencies, including--

`(i) improving treatment through neuroscientific advances;

`(ii) improving the transfer of biomedical research to the clinical setting; and

`(iii) in consultation with the National Institute on Drug Abuse and the Substance Abuse and Mental Health Services Administration, and through interagency agreements or grants, examining addiction and rehabilitation research and the application of technology to expanding the effectiveness or availability of drug treatment;

`(C) make a priority ranking of such needs identified in subparagraphs (A) and (B) according to fiscal and technological feasibility, as part of a National Counter-Drug Enforcement Research and Development Program;

`(D) oversee and coordinate counter-drug technology initiatives with related activities of other Federal civilian and military departments;

`(E) oversee and coordinate a technology transfer program for the transfer of technology to State and local law enforcement agencies; and

`(F) pursuant to the authority of the Director of National Drug Control Policy under section 704, submit requests to Congress for the reprogramming or transfer of funds appropriated for counter-drug technology research and development.

`(2) PRIORITIES IN TRANSFERRING TECHNOLOGY- In transferring technology under the authority of paragraph (1)(E), the Chief Scientist shall give priority in transferring technologies most likely to assist in drug interdiction and border enforcement to State, local, and tribal law enforcement agencies in southwest border areas and northern border areas with significant traffic in illicit drugs.

`(3) LIMITATION ON AUTHORITY- The authority granted to the Director under this subsection shall not extend to the award of contracts, management of individual projects, or other operational activities.

(c) ASSISTANCE FROM SECRETARY OF HOMELAND SECURITY- Section 708(d) is amended by inserting `, the Secretary of Homeland Security,' after `The Secretary of Defense'.

SEC. 9. REPEALS.

The following provisions are repealed:

(1) Sections 709, 710, and 711.

(2) Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509).

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

(a) IN GENERAL- The Director of the Office of National Drug Control Policy (in this section referred to as the `Director') shall conduct a national media campaign in accordance with this section for the purpose of reducing and preventing illicit drug abuse among young people in the United States delivered through mass media advertising.

(b) USE OF FUNDS-

(1) IN GENERAL- Amounts made available to carry out this section for the national media campaign may only be used for the following:

(A) The purchase of media time and space.

(B) Creative and talent costs.

(C) Advertising production costs.

(D) Testing and evaluation of advertising.

(E) Evaluation of the effectiveness of the media campaign.

(F) The negotiated fees for the winning bidder on requests for proposals issued either by the Office of National Drug Control Policy or its designee for purposes otherwise authorized in this section.

(G) Partnerships with community, civic, and professional groups, and government organizations related to the media campaign.

(H) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, and corporate sponsorship and participation.

(I) Operational and management expenses.

(2) SPECIFIC REQUIREMENTS-

(A)(i) In using amounts for creative and talent costs under paragraph (1)(B), the Director shall use creative services donated at no cost to the Government wherever feasible and may only procure creative services for advertising--

(I) responding to high-priority or emergent campaign needs that cannot timely be obtained at no cost; or

(II) intended to reach a minority, ethnic, or other special audience that cannot reasonably be obtained at no cost.

(ii) No more than $1,000,000 may be expended under this section each fiscal year on creative services, except that the Director may expend up to $2,000,000 in a fiscal year on creative services to meet urgent needs of the campaign with advance approval from the Committees on appropriations of the House of Representatives and the Senate upon a showing of the circumstances causing such urgent needs of the campaign.

(B) In using amounts for testing and evaluation of advertising under paragraph (1)(D), the Director shall test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective and

meet industry-accepted standards. The Director may waive this requirement for advertisements using no more than 10 percent of the purchase of advertising time and 10 percent of the purchase of advertising space if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the media campaign.

(C) In using amounts for the evaluation of the effectiveness of the media campaign under paragraph (1)(E), the Director shall ensure that the effectiveness of the media campaign is evaluated in a manner that enables consideration of whether the media campaign has contributed to reduction of illicit drug use by youth.

(D) For each fiscal year, no more than a total of 3 percent of the amounts appropriated under this section may be used for any costs permitted under subparagraphs (G) and (H) of paragraph (1).

(3) LIMITATIONS- For each fiscal year, not less than 80 percent of the amounts appropriated under this section shall be used for the purchase of advertising time and space for the media campaign, subject to the following exceptions:

(A) In any fiscal year for which less than $125,000,000 is appropriated for the media campaign, not less than 85 percent of the amounts appropriated under this section shall be used for advertising production costs and the purchase of advertising time and space for the media campaign.

(B) In any fiscal year for which more than $195,000,000 is appropriated under this section, not less than 75 percent shall be used for advertising production costs and the purchase of advertising time and space for the media campaign.

(c) ADVERTISING- In carrying out this section, the Director shall devote sufficient funds to the advertising portion of the national media campaign to meet the goals of the campaign.

(d) PROHIBITIONS- (1) None of the amounts made available under subsection (b) may be obligated or expended for any of the following:

(A) To supplant current antidrug community-based coalitions.

(B) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns.

(C) For partisan political purposes.

(D) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations, unless the Director provides advance notice to the Committee on Appropriations of the House of Representatives and the Senate, the Committee on Government Reform and Oversight of the House of Representatives and the Committee on the Judiciary of the Senate.

(E) To fund advertising not containing a primary message intended to reduce or prevent illicit drug use.

(F) To fund advertising containing a primary message intended to promote support for the media campaign or private sector contributions to the media campaign.

(2) The prohibition in paragraph (1)(C) does not apply in connection with the Director's responsibilities under section 704(b)(12) of the Office of National Drug Control Policy Reauthorization Act of 1998 (Public Law 105-277; 21 U.S.C. 1701 et seq.). The preceding sentence shall not be construed to suggest that the prohibition in paragraph (1)(C) applied to the Director's responsibilities under such section before the date of the enactment of this section.

(e) MATCHING REQUIREMENT- (1) Amounts made available under subsection (b) shall be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions of the same value.

(2) The Director shall ensure that 70 percent of no-cost match advertising provided directly relates to substance abuse prevention consistent with the specific purposes of the media campaign, except that in any fiscal year in which less than $125,000,000 is appropriated to the media campaign, the Director shall ensure that 85 percent of no-cost match advertising directly relates to substance abuse prevention consistent with the specific purposes of the media campaign.

(3) The Director shall ensure that no-cost match advertising that does not directly relate to substance abuse prevention includes a clear antidrug message. Such message is not required to be the primary message of the match advertising.

(4) Section 317 of the Communications Act of 1934 (47 U.S.C. 317) shall not apply to any advertising utilizing time or space that is purchased or donated at no cost for the media campaign.

(f) FINANCIAL AND PERFORMANCE ACCOUNTABILITY- The Director shall cause the audit and review of costs pursuant to section 304C of the Federal Property and Administrative Services Act of 1949 and an audit of the cost described in section 306 of such Act.

(g) STRATEGIC GUIDANCE AND DONATIONS- The Partnership for a Drug Free America shall serve as the primary outside strategic advisor to the campaign and be responsible for coordinating donations of creative and other services to the campaign, except with respect to advertising created using funds permitted in subsection (b). The Director shall inform the Partnership for a Drug Free America of the strategic goals of the campaign and consider advice from the Partnership for a Drug Free America on campaign strategy.

(h) REPORT TO CONGRESS- The Director shall submit on an annual basis a report to Congress that describes--

(1) the strategy of the national media campaign and whether specific objectives of the campaign were accomplished;

(2) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the campaign;

(3) plans to purchase advertising time and space;

(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; and

(5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign.

(i) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this section, $195,000,000 for each of fiscal years 2004 and 2005 and $210,000,000 for fiscal year 2006 through 2008.

(j) REPEAL OF SUPERSEDED PROVISIONS- The Drug-Free Media Campaign Act of 1988 (21 U.S.C. 1801 et seq.; Public Law 105-277; 112 Stat. 2681-752) is repealed.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

Section 714 is amended--

(1) by striking `title,' and inserting `title except activities otherwise specified,'; and

(2) by striking `1999 through 2003' and inserting `2004 through 2008'.

SEC. 12. EXTENSION OF TERMINATION DATE.

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

END