21 U.S.C. § 1706 — High Intensity Drug Trafficking Areas Program

**(a) Establishment** (1) **In general** — 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”). (2) **Purpose** — The purpose of the Program is to reduce drug trafficking and drug production in the United States by— (A) facilitating cooperation among Federal, State, local, and tribal law enforcement agencies to share information and implement coordinated enforcement activities; (B) enhancing law enforcement intelligence sharing among Federal, State, local, and tribal law enforcement agencies; (C) providing reliable law enforcement intelligence to law enforcement agencies needed to design effective enforcement strategies and operations; and (D) supporting coordinated law enforcement strategies which maximize use of available resources to reduce the supply of illegal drugs in designated areas and in the United States as a whole. **(b) Designation** (1) **In general** — The Director, in 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. (2) **Activities** — After making a designation under paragraph (1) and in order to provide Federal assistance to the area so designated, the Director may— (A) obligate such sums as are appropriated for the Program; (B) 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; (C) take any other action authorized under [section 1703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1703&num=0&edition=prelim) to provide increased Federal assistance to those areas; and (D) coordinate activities under this section (specifically administrative, recordkeeping, and funds management activities) with State, local, and tribal officials. **(c) Petitions for designation** The Director shall establish regulations under which a coalition of interested law enforcement agencies from an area may petition for designation as a high intensity drug trafficking area. Such regulations shall provide for a regular review by the Director of the petition, including a recommendation regarding the merit of the petition to the Director by a panel of qualified, independent experts. **(d) 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 significant center of illegal drug production, manufacturing, importation, or distribution; (2) State, local, and tribal 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 significant harmful impact in the area, and 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. **(e) Organization of high intensity drug trafficking areas** (1) **Executive Board and officers** — To be eligible for funds appropriated under this section, each high intensity drug trafficking area shall be governed by an Executive Board. The Executive Board shall designate a chairman, vice chairman, and any other officers to the Executive Board that it determines are necessary. (2) **Responsibilities** — The Executive Board of a high intensity drug trafficking area shall be responsible for— (A) providing direction and oversight in establishing and achieving the goals of the high intensity drug trafficking area; (B) managing the funds of the high intensity drug trafficking area; (C) reviewing and approving all funding proposals consistent with the overall objective of the high intensity drug trafficking area; and (D) reviewing and approving all reports to the Director on the activities of the high intensity drug trafficking area. (3) **Board representation** — None of the funds appropriated under this section may be expended for any high intensity drug trafficking area, or for a partnership or region of a high intensity drug trafficking area, if the Executive Board for such area, region, or partnership, does not apportion an equal number of votes between representatives of participating Federal agencies and representatives of participating State, local, and tribal agencies. Where it is impractical for an equal number of representatives of Federal agencies and State, local, and tribal agencies to attend a meeting of an Executive Board in person, the Executive Board may use a system of proxy votes or weighted votes to achieve the voting balance required by this paragraph. (4) **No agency relationship** — The eligibility requirements of this section are intended to ensure the responsible use of Federal funds. Nothing in this section is intended to create an agency relationship between individual high intensity drug trafficking areas and the Federal Government. **(f) Use of funds** The Director shall ensure that not more than a total of 5 percent of Federal funds appropriated for the Program are expended for substance use disorder treatment programs and drug prevention programs. **(g) Counterterrorism activities** (1) **Assistance authorized** — The Director may authorize use of resources available for the Program to assist Federal, State, local, and tribal law enforcement agencies in investigations and activities related to terrorism and prevention of terrorism, especially but not exclusively with respect to such investigations and activities that are also 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, except on a temporary basis under extraordinary circumstances, as determined by the Director. **(h) 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. **(i) Annual HIDTA Program budget submissions** As part of the documentation that supports the President’s annual budget request for the Office, the Director shall submit to Congress a budget justification that includes— (1) the amount proposed for each high intensity drug trafficking area, conditional upon a review by the Office of the request submitted by the HIDTA and the performance of the HIDTA, with supporting narrative descriptions and rationale for each request; (2) a detailed justification that explains— (A) the reasons for the proposed funding level; how such funding level was determined based on a current assessment of the drug trafficking threat in each high intensity drug trafficking area; (B) how such funding will ensure that the goals and objectives of each such area will be achieved; and (C) how such funding supports the National Drug Control Strategy; and (3) the amount of HIDTA funds used to investigate and prosecute organizations and individuals trafficking in methamphetamine in the prior calendar year, and a description of how those funds were used. **(j) Emerging threat response fund** (1) **In general** — Subject to the availability of appropriations, the Director may expend up to 10 percent of the amounts appropriated under this section on a discretionary basis, to respond to any emerging drug trafficking threat in an existing high intensity drug trafficking area, or to establish a new high intensity drug trafficking area or expand an existing high intensity drug trafficking area, in accordance with the criteria established under paragraph (2). (2) **Consideration of impact** — In allocating funds under this subsection, the Director shall consider— (A) the impact of activities funded on reducing overall drug traffic in the United States, or minimizing the probability that an emerging drug trafficking threat will spread to other areas of the United States; and (B) such other criteria as the Director considers appropriate. **(k) Evaluation** (1) **Initial report** — Not later than 90 days after December 29, 2006, the Director shall, after consulting with the Executive Boards of each designated high intensity drug trafficking area, submit a report to Congress that describes, for each designated high intensity drug trafficking area— (A) the specific purposes for the high intensity drug trafficking area; (B) the specific long-term and short-term goals and objectives for the high intensity drug trafficking area; (C) the measurements that will be used to evaluate the performance of the high intensity drug trafficking area in achieving the long-term and short-term goals; and (D) the reporting requirements needed to evaluate the performance of the high intensity drug trafficking area in achieving the long-term and short-term goals. (2) **Evaluation of HIDTA Program as part of National Drug Control Strategy** — For each designated high intensity drug trafficking area, the Director shall submit, as part of the annual National Drug Control Strategy report, a report that— (A) describes— (i) the specific purposes for the high intensity drug trafficking area; and (ii) the specific long-term and short-term goals and objectives for the high intensity drug trafficking area; and (B) includes an evaluation of the performance of the high intensity drug trafficking area in accomplishing the specific long-term and short-term goals and objectives identified under paragraph (1)(B). **(l) Assessment of drug enforcement task forces in high intensity drug trafficking areas** Not later than 1 year after December 29, 2006, and as part of each subsequent annual National Drug Control Strategy report, the Director shall submit to Congress a report— (1) assessing the number and operation of all federally funded drug enforcement task forces within each high intensity drug trafficking area; and (2) describing— (A) each Federal, State, local, and tribal drug enforcement task force operating in the high intensity drug trafficking area; (B) how such task forces coordinate with each other, with any high intensity drug trafficking area task force, and with investigations receiving funds from the Organized Crime and Drug Enforcement Task Force; (C) what steps, if any, each such task force takes to share information regarding drug trafficking and drug production with other federally funded drug enforcement task forces in the high intensity drug trafficking area; (D) the role of the high intensity drug trafficking area in coordinating the sharing of such information among task forces; (E) the nature and extent of cooperation by each Federal, State, local, and tribal participant in ensuring that such information is shared among law enforcement agencies and with the high intensity drug trafficking area; (F) the nature and extent to which information sharing and enforcement activities are coordinated with joint terrorism task forces in the high intensity drug trafficking area; and (G) any recommendations for measures needed to ensure that task force resources are utilized efficiently and effectively to reduce the availability of illegal drugs in the high intensity drug trafficking areas. **(m) Assessment of law enforcement intelligence sharing in High Intensity Drug Trafficking Areas Program** Not later than 180 days after December 29, 2006, and as part of each subsequent annual National Drug Control Strategy report, the Director, in consultation with the Director of National Intelligence, shall submit to Congress a report— (1) evaluating existing and planned law enforcement intelligence systems supported by each high intensity drug trafficking area, or utilized by task forces receiving any funding under the Program, including the extent to which such systems ensure access and availability of law enforcement intelligence to Federal, State, local, and tribal law enforcement agencies within the high intensity drug trafficking area and outside of it; (2) the extent to which Federal, State, local, and tribal law enforcement agencies participating in each high intensity drug trafficking area are sharing law enforcement intelligence information to assess current drug trafficking threats and design appropriate enforcement strategies; and (3) the measures needed to improve effective sharing of information and law enforcement intelligence regarding drug trafficking and drug production among Federal, State, local, and tribal law enforcement participating in a high intensity drug trafficking area, and between such agencies and similar agencies outside the high intensity drug trafficking area. **(n) Coordination of Law enforcement intelligence sharing with Organized Crime Drug Enforcement Task Force program** The Director, in consultation with the Attorney General, shall ensure that any drug enforcement intelligence obtained by the Intelligence Support Center for each high intensity drug trafficking area is shared, on a timely basis, with the drug intelligence fusion center operated by the Organized Crime Drug Enforcement Task Force of the Department of Justice. **(o) Use of funds to combat methamphetamine trafficking** (1) **Requirement** — As part of the documentation that supports the President’s annual budget request for the Office, the Director shall submit to Congress a report describing the use of HIDTA funds to investigate and prosecute organizations and individuals trafficking in methamphetamine in the prior calendar year. (2) **Contents** — The report shall include— (A) the number of methamphetamine manufacturing facilities discovered through HIDTA-funded initiatives in the previous fiscal year; (B) the amounts of methamphetamine or listed chemicals (as that term is defined in [section 802(33) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/33&num=0&edition=prelim)) seized by HIDTA-funded initiatives in the area during the previous year; and (C) law enforcement intelligence and predictive data from the Drug Enforcement Administration showing patterns and trends in abuse, trafficking, and transportation in methamphetamine and listed chemicals. (3) **Certification** — Before the Director awards any funds to a high intensity drug trafficking area, the Director shall certify that the law enforcement entities participating in that HIDTA are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. **(p) Authorization of appropriations** There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this section— (1) $240,000,000 for fiscal year 2007; (2) $250,000,000 for fiscal year 2008; (3) $260,000,000 for fiscal year 2009; (4) $270,000,000 for fiscal year 2010; (5) $280,000,000 for each of 11 So in original. fiscal year 2011; and (6) $280,000,000 for each of fiscal years 2018 through 2023. **(q) Specific purposes** (1) **In general** — The Director shall ensure that, of the amounts appropriated for a fiscal year for the Program, at least $7,000,000 is used in high intensity drug trafficking areas with severe neighborhood safety and illegal drug distribution problems. (2) **Required uses** — The funds used under paragraph (1) shall be used to ensure the safety of neighborhoods and the protection of communities, including the prevention of the intimidation of witnesses of illegal drug distribution and related activities and the establishment of, or support for, programs that provide protection or assistance to witnesses in court proceedings. (3) **Best practice models** — The Director shall work with HIDTAs to develop and maintain best practice models to assist State, local, and Tribal governments in addressing witness safety, relocation, financial and housing assistance, or any other services related to witness protection or assistance in cases of illegal drug distribution and related activities. The Director shall ensure dissemination of the best practice models to each HIDTA. **(r) Drug overdose response strategy implementation** The Director may use funds appropriated to carry out this section to implement a drug overdose response strategy in high intensity drug trafficking areas on a nationwide basis by— (1) coordinating multi-disciplinary efforts to prevent, reduce, and respond to drug overdoses, including the uniform reporting of fatal and non-fatal overdoses to public health and safety officials; (2) increasing data sharing among public safety and public health officials concerning drug-related abuse trends, including new psychoactive substances, and related crime; and (3) enabling collaborative deployment of prevention, intervention, and enforcement resources to address substance use addiction and narcotics trafficking. **(s) Supplemental grants** The Director is authorized to use not more than $10,000,000 of the amounts otherwise appropriated to carry out this section to provide supplemental competitive grants to high intensity drug trafficking areas that have experienced high seizures of fentanyl and new psychoactive substances for the purposes of— (1) purchasing portable equipment to test for fentanyl and other substances; (2) training law enforcement officers and other first responders on best practices for handling fentanyl and other substances; and (3) purchasing protective equipment, including overdose reversal drugs.