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

Page 978 TITLE 21—FOOD AND DRUGS § 1706 4 Probably should be ‘‘(h)’’. 5 Probably should be ‘‘(d)’’. identified pursuant to subparagraphs (A) and (B) of this subsection; and (7) develops performance measures and tar- gets for the National Drug Control Strategy for supplemental strategies (the Southwest Border, Northern Border, and Caribbean Bor- der Counternarcotics Strategies) to effectively evaluate region-specific goals, to the extent the performance measurement system does not adequately measure the effectiveness of the strategies, as determined by the Director, such strategies may evaluate interdiction ef- forts at and between ports of entry, interdic- tion technology, intelligence sharing, diplo- macy, and other appropriate metrics, specific to each supplemental strategies region, as de- termined by the Director. (i) Modifications A description of any modifications made dur- ing the preceding year to the national drug per- formance measurement system described in sub- section (c) 4 shall be included in each report sub- mitted under subsection (b).5 (Pub. L. 105–277, div. C, title VII, §§ 706, 715, Oct. 21, 1998, 112 Stat. 2681–681, 2681–693; Pub. L. 109–469, title II, §§ 201, 202, title VI, § 602, Dec. 29, 2006, 120 Stat. 3513, 3517, 3533; Pub. L. 115–271, title VIII, §§ 8202(a), (b)(2), 8221(a), Oct. 24, 2018, 132 Stat. 4110, 4134; Pub. L. 116–74, § 2(a)(1), (2), (c)(1)(B), (d), Nov. 27, 2019, 133 Stat. 1155, 1158; Pub. L. 117–263, div. E, title LIII, § 5302, Dec. 23, 2022, 136 Stat. 3249.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (f)(3)(A)(i)(IV), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. This chapter, referred to in subsec. (g)(2), (3)(B), was in the original ‘‘this title’’, meaning title VII of div. C of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–670, which is classified principally to this chapter. For complete classification of title VII to the Code, see Short Title note set out under section 1701 of this title and Tables. AMENDMENTS 2022—Subsec. (h)(7). Pub. L. 117–263 added par. (7). 2019—Pub. L. 116–74, § 2(c)(1)(B), amended directory language of Pub. L. 115–271, § 8221(a). See 2018 Amend- ment note below. Pub. L. 116–74, § 2(a)(2), substituted ‘‘National Drug Control Program agencies’’ for ‘‘National Drug Control Program Agencies’’ wherever appearing. Pub. L. 116–74, § 2(a)(1), substituted ‘‘National Drug Control Program agency’’ for ‘‘National Drug Control Program Agency’’ wherever appearing. Subsec. (c)(1)(N)(ii). Pub. L. 116–74, § 2(d)(1)(A), sub- stituted ‘‘Program agencies’’ for ‘‘Programs’’. Subsec. (c)(1)(N)(iii). Pub. L. 116–74, § 2(d)(1)(B), sub- stituted ‘‘Program agencies’’ for ‘‘Agencies’’. Subsec. (c)(2). Pub. L. 116–74, § 2(d)(2), substituted ‘‘paragraph (1)(M)’’ for ‘‘paragraph (1)’’ in introductory provisions. Subsec. (f)(2). Pub. L. 116–74, § 2(d)(3)(A), substituted ‘‘Office’’ for ‘‘office’’. Subsec. (f)(3)(A)(ii)(III). Pub. L. 116–74, § 2(d)(3)(B)(i), substituted ‘‘substance; and’’ for ‘‘substance;’’. Subsec. (f)(3)(A)(ii)(IV). Pub. L. 116–74, § 2(d)(3)(B)(ii), substituted ‘‘governments.’’ for ‘‘governments;’’. Subsec. (g)(3)(B). Pub. L. 116–74, § 2(d)(4), made tech- nical amendment to reference in original act which ap- pears in text as reference to this chapter. 2018—Pub. L. 115–271, § 8221(a), as amended by Pub. L. 116–74, § 2(c)(1)(B)(ii), added subsecs. (a) to (g), redesig- nated former subsecs. (c) and (d) as (h) and (i), respec- tively, and struck out former subsecs. (a) and (b) which related to submission of the National Drug Control Strategy and submission of a revised strategy. Pub. L. 115–271, § 8202(b)(2), repealed Pub. L. 105–277, § 715. See 1998 Amendment note below. Pub. L. 115–271, § 8202(a), revived and restored this sec- tion as in effect on Sept. 29, 2003, and as amended by Pub. L. 109–469 and Pub. L. 112–166. See Reauthorization of the Office of National Drug Control Policy note set out under section 1701 of this title. 2006—Pub. L. 109–469, § 602, amended Pub. L. 105–277, § 715, which provided for the repeal of this section. See 1998 Amendment note below. Pub. L. 109–469, § 201, amended section generally. Prior to amendment, section related to development, submission, implementation, and assessment of Na- tional Drug Control Strategy. Subsecs. (c), (d). Pub. L. 109–469, § 202, added subsecs. (c) and (d). 1998—Pub. L. 105–277, § 715, as amended by Pub. L. 109–469, § 602, which provided for the repeal of this sec- tion effective Sept. 30, 2010, was repealed by Pub. L. 115–271, § 8202(b)(2). See former section 1712 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by section 2(c)(1)(B) of Pub. L. 116–74 ef- fective as if included in the enactment of subtitle K of title VIII of Pub. L. 115–271, see section 2(c)(2) of Pub. L. 116–74, set out as a note under section 1522 of this title. REQUIREMENT FOR SOUTHWEST BORDER COUNTERNARCOTICS STRATEGY Pub. L. 109–469, title XI, § 1110, Dec. 29, 2006, 120 Stat. 3543, which directed the Director of National Drug Con- trol Policy to submit to Congress every two years a Southwest Border Counternarcotics Strategy, was re- pealed by Pub. L. 115–271, title VIII, § 8221(b)(2), Oct. 24, 2018, 132 Stat. 4142. See subsection (c)(3)(B) of this sec- tion. REQUIREMENT FOR NORTHERN BORDER COUNTERNARCOTICS STRATEGY Pub. L. 109–469, title XI, § 1110A, as added by Pub. L. 111–356, § 2, Jan. 4, 2011, 124 Stat. 3976, which directed the Director of National Drug Control Policy to de- velop, in consultation with the head of each relevant National Drug Control Program Agency, and to submit to Congress every two years, a Northern Border Coun- ternarcotics Strategy, was repealed by Pub. L. 115–271, title VIII, § 8221(b)(2), Oct. 24, 2018, 132 Stat. 4142. See subsection (c)(3)(C) of this section. § 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 Traf- ficking Areas Program (in this section re- ferred to as the ‘‘Program’’). (2) Purpose The purpose of the Program is to reduce drug trafficking and drug production in the United States by— Page 979 TITLE 21—FOOD AND DRUGS § 1706 (A) facilitating cooperation among Fed- eral, State, local, and tribal law enforce- ment agencies to share information and im- plement coordinated enforcement activities; (B) enhancing law enforcement intel- ligence sharing among Federal, State, local, and tribal law enforcement agencies; (C) providing reliable law enforcement in- telligence to law enforcement agencies need- ed to design effective enforcement strategies and operations; and (D) supporting coordinated law enforce- ment 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 At- torney 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 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 designa- tion as a high intensity drug trafficking area. Such regulations shall provide for a regular re- view by the Director of the petition, including a recommendation regarding the merit of the peti- tion to the Director by a panel of qualified, inde- pendent experts. (d) Factors for consideration In considering whether to designate an area under this section as a high intensity drug traf- ficking area, the Director shall consider, in ad- dition to such other criteria as the Director con- siders 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 ade- quately to drug-related activities in the area. (e) Organization of high intensity drug traf- ficking areas (1) Executive Board and officers To be eligible for funds appropriated under this section, each high intensity drug traf- ficking area shall be governed by an Executive Board. The Executive Board shall designate a chairman, vice chairman, and any other offi- cers 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 es- tablishing and achieving the goals of the high intensity drug trafficking area; (B) managing the funds of the high inten- sity drug trafficking area; (C) reviewing and approving all funding proposals consistent with the overall objec- tive of the high intensity drug trafficking area; and (D) reviewing and approving all reports to the Director on the activities of the high in- tensity drug trafficking area. (3) Board representation None of the funds appropriated under this section may be expended for any high inten- sity drug trafficking area, or for a partnership or region of a high intensity drug trafficking area, if the Executive Board for such area, re- gion, or partnership, does not apportion an equal number of votes between representatives of participating Federal agencies and rep- resentatives 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 in- tended to create an agency relationship be- tween individual high intensity drug traf- ficking 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 appro- priated for the Program are expended for sub- stance 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 agen- cies in investigations and activities related to terrorism and prevention of terrorism, espe- cially but not exclusively with respect to such Page 980 TITLE 21—FOOD AND DRUGS § 1706 investigations and activities that are also re- lated to drug trafficking. (2) Limitation The Director shall ensure— (A) that assistance provided under para- graph (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 Pro- gram are not redirected to activities exclu- sively related to terrorism, except on a tem- porary basis under extraordinary cir- cumstances, as determined by the Director. (h) Role of Drug Enforcement Administration The Director, in consultation with the Attor- ney General, shall ensure that a representative of the Drug Enforcement Administration is in- cluded 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 inten- sity 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 Na- tional Drug Control Strategy; and (3) the amount of HIDTA funds used to in- vestigate and prosecute organizations and in- dividuals 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 exist- ing 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 cri- teria 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 re- ducing 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 con- siders 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 re- port to Congress that describes, for each des- ignated high intensity drug trafficking area— (A) the specific purposes for the high in- tensity 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 inten- sity 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 inten- sity 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 in- tensity 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 perform- ance of the high intensity drug trafficking area in accomplishing the specific long-term and short-term goals and objectives identi- fied 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 inves- tigations 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 traf- ficking area in coordinating the sharing of such information among task forces; Page 981 TITLE 21—FOOD AND DRUGS § 1706 1 So in original. (E) the nature and extent of cooperation by each Federal, State, local, and tribal par- ticipant 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 infor- mation 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 re- duce 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 Na- tional Drug Control Strategy report, the Direc- tor, in consultation with the Director of Na- tional Intelligence, shall submit to Congress a report— (1) evaluating existing and planned law en- forcement 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 avail- ability of law enforcement intelligence to Fed- eral, State, local, and tribal law enforcement agencies within the high intensity drug traf- ficking area and outside of it; (2) the extent to which Federal, State, local, and tribal law enforcement agencies partici- pating 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 be- tween such agencies and similar agencies out- side the high intensity drug trafficking area. (n) Coordination of Law enforcement intel- ligence sharing with Organized Crime Drug Enforcement Task Force program The Director, in consultation with the Attor- ney General, shall ensure that any drug enforce- ment 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 oper- ated 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 man- ufacturing facilities discovered through HIDTA-funded initiatives in the previous fis- cal year; (B) the amounts of methamphetamine or listed chemicals (as that term is defined in section 802(33) of this title) seized by HIDTA- funded initiatives in the area during the pre- vious year; and (C) law enforcement intelligence and pre- dictive data from the Drug Enforcement Ad- ministration 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 Di- rector shall certify that the law enforcement entities participating in that HIDTA are pro- viding 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 1 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 in- tensity drug trafficking areas with severe neighborhood safety and illegal drug distribu- tion 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, pro- grams that provide protection or assistance to witnesses in court proceedings. (3) Best practice models The Director shall work with HIDTAs to de- velop and maintain best practice models to as- sist State, local, and Tribal governments in addressing witness safety, relocation, finan- cial and housing assistance, or any other serv- ices related to witness protection or assist- ance in cases of illegal drug distribution and related activities. The Director shall ensure dissemination of the best practice models to each HIDTA. Page 982 TITLE 21—FOOD AND DRUGS § 1706 (r) Drug overdose response strategy implementa- tion The Director may use funds appropriated to carry out this section to implement a drug over- dose 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 pre- vention, intervention, and enforcement re- sources 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 appro- priated to carry out this section to provide sup- plemental 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, includ- ing overdose reversal drugs. (Pub. L. 105–277, div. C, title VII, §§ 707, 715, Oct. 21, 1998, 112 Stat. 2681–686, 2681–693; Pub. L. 109–469, title III, §§ 301, § 302(c), title VI, § 602, Dec. 29, 2006, 120 Stat. 3518, 3525, 3533; Pub. L. 115–271, title VIII, §§ 8202(a), 8202(b)(2), 8205, 8208, 8209, Oct. 24, 2018, 132 Stat. 4110, 4113, 4114; Pub. L. 116–74, § 2(a)(7), Nov. 27, 2019, 133 Stat. 1157.) Editorial Notes REFERENCES IN TEXT December 29, 2006, referred to in subsecs. (k)(1), (l), and (m) was in the original ‘‘the date of the enactment of this section’’, which was translated as meaning the date of enactment of Pub. L. 109–469, which amended this section generally, to reflect the probable intent of Congress. AMENDMENTS 2019—Subsec. (o)(2)(B). Pub. L. 116–74 substituted ‘‘802(33) of this title)’’ for ‘‘802(33) of this title’’. 2018—Pub. L. 115–271, § 8202(b)(2), repealed Pub. L. 105–277, § 715. See 1998 Amendment note below. Pub. L. 115–271, § 8202(a), revived and restored this sec- tion as in effect on Sept. 29, 2003, and as amended by Pub. L. 109–469 and Pub. L. 112–166. See Reauthorization of the Office of National Drug Control Policy note set out under section 1701 of this title. Subsec. (f). Pub. L. 115–271, § 8205(1), substituted ‘‘not more than a total of 5 percent of Federal funds appro- priated for the Program are expended for substance use disorder treatment programs and drug prevention pro- grams.’’ for ‘‘no Federal funds appropriated for the Pro- gram are expended for the establishment or expansion of drug treatment programs, and shall ensure that not more than 5 percent of the Federal funds appropriated for the Program are expended for the establishment of drug prevention programs.’’ Subsec. (p)(6). Pub. L. 115–271, § 8205(2), added par. (6). Subsec. (q)(2). Pub. L. 115–271, § 8205(3)(A), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘The funds used under paragraph (1) 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 in- formation about illegal drug-related activities.’’ Subsec. (q)(3). Pub. L. 115–271, § 8205(3)(B), added par. (3). Subsec. (r). Pub. L. 115–271, § 8208, added subsec. (r). Subsec. (s). Pub. L. 115–271, § 8209, added subsec. (s). 2006—Pub. L. 109–469, § 602, amended Pub. L. 105–277, § 715, which provided for the repeal of this section. See 1998 Amendment note below. Pub. L. 109–469, § 301, amended section generally. Prior to amendment, section related to the High Inten- sity Drug Trafficking Areas Program. Subsec. (q). Pub. L. 109–469, § 302(c), added subsec. (q). 1998—Pub. L. 105–277, § 715, as amended by Pub. L. 109–469, § 602, which provided for the repeal of this sec- tion effective Sept. 30, 2010, was repealed by Pub. L. 115–271, § 8202(b)(2). See former section 1712 of this title. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 109–469, title III, § 302(b), Dec. 29, 2006, 120 Stat. 3524, provided that: ‘‘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 to police about persistent drug distribu- tion activity in their East Baltimore City neighbor- hood. ‘‘(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 counternarcotics law enforce- ment—from prevention to investigation to prosecu- tion to reentry—the voluntary cooperation of ordi- nary citizens is a critical component. ‘‘(5) Voluntary cooperation is difficult for law en- forcement officials to obtain when citizens feel that cooperation carries the risk of violent retaliation by illegal drug trafficking organizations and their affili- ates. ‘‘(6) Public confidence that law enforcement is doing all it can to make communities safe is a pre- requisite 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 indi- viduals and families who strive every day to make distressed neighborhoods livable for their children, other relatives, and neighbors will resist or refuse of- fers of relocation by local, State, and Federal pros- ecutorial agencies and because, moreover, the contin- ued 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 impor- tant that supplementary High Intensity Drug Traf- ficking Areas Program funds be committed to sup- port initiatives aimed at making the affected com- munities safe for the residents of those communities and encouraging their cooperation with tribal, local, State, and Federal law enforcement efforts to combat illegal drug trafficking.’’ Page 983 TITLE 21—FOOD AND DRUGS § 1708 COMBATING METHAMPHETAMINE AND AMPHETAMINE IN HIGH INTENSITY DRUG TRAFFICKING AREAS Pub. L. 106–310, div. B, title XXXVI, § 3624, Oct. 17, 2000, 114 Stat. 1232, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) IN GENERAL.—The Director of National Drug Control Policy shall use amounts available under this section to combat the trafficking of methamphet- amine and amphetamine in areas designated by the Director as high intensity drug trafficking areas. ‘‘(2) ACTIVITIES.—In meeting the requirement in paragraph (1), the Director shall transfer funds to ap- propriate Federal, State, and local governmental agencies for employing additional Federal law en- forcement personnel, or facilitating the employment of additional State and local law enforcement per- sonnel, including agents, investigators, prosecutors, laboratory technicians, chemists, investigative as- sistants, and drug-prevention specialists. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section— ‘‘(1) $15,000,000 for fiscal year 2000; and ‘‘(2) such sums as may be necessary for each of fis- cal years 2001 through 2004. ‘‘(c) APPORTIONMENT OF FUNDS.— ‘‘(1) FACTORS IN APPORTIONMENT.—The Director shall apportion amounts appropriated for a fiscal year pursuant to the authorization of appropriations in subsection (b) for activities under subsection (a) among and within areas designated by the Director as high intensity drug trafficking areas based on the fol- lowing factors: ‘‘(A) The number of methamphetamine manufac- turing facilities and amphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the previous fiscal year. ‘‘(B) The number of methamphetamine prosecu- tions and amphetamine prosecutions in Federal, State, or local courts in the previous fiscal year. ‘‘(C) The number of methamphetamine arrests and amphetamine arrests by Federal, State, or local law enforcement officials in the previous fis- cal year. ‘‘(D) The amounts of methamphetamine, amphet- amine, or listed chemicals (as that term is defined in section 102(33) of the Controlled Substances Act (21 U.S.C. 802(33)) seized by Federal, State, or local law enforcement officials in the previous fiscal year. ‘‘(E) Intelligence and predictive data from the Drug Enforcement Administration and the Depart- ment of Health and Human Services showing pat- terns and trends in abuse, trafficking, and transpor- tation in methamphetamine, amphetamine, and listed chemicals (as that term is so defined). ‘‘(2) CERTIFICATION.—Before the Director apportions any funds under this subsection to a high intensity drug trafficking area, the Director shall certify that the law enforcement entities responsible for clandes- tine methamphetamine and amphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5 percent of the amount appropriated in a fiscal year pursuant to the authorization of appropriations for that fiscal year in subsection (b) may be available in that fiscal year for administrative costs associated with activities under subsection (a).’’ FUNDING FOR HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM Pub. L. 106–58, title III, Sept. 29, 1999, 113 Stat. 448, provided in part: ‘‘That, hereafter, of the amount ap- propriated for fiscal year 2000 or any succeeding fiscal year for the High Intensity Drug Trafficking Areas Program, the funds to be obligated or expended during such fiscal year for programs addressing the treatment or prevention of drug use as part of the approved strat- egy for a designated High Intensity Drug Trafficking Area (HIDTA) shall not be less than the funds obligated or expended for such programs during fiscal year 1999 for each designated HIDTA without the prior approval of the Committees on Appropriations’’. § 1707. Repealed. Pub. L. 115–271, title VIII, § 8222(3), Oct. 24, 2018, 132 Stat. 4143 Section, Pub. L. 105–277, div. C, title VII, §§ 708, 715, Oct. 21, 1998, 112 Stat. 2681–687, 2681–693; Pub. L. 109–469, title IV, § 401, title VI, § 602, Dec. 29, 2006, 120 Stat. 3525, 3533; Pub. L. 115–271, title VIII, § 8202(a), (b)(2), Oct. 24, 2018, 132 Stat. 4110, related to Counter-Drug Technology Assessment Center. § 1708. Emerging Threats Committee, plan, and media campaign (a) Emerging and Continuing Threats Coordi- nator The Director shall designate or appoint a United States Emerging and Continuing Threats Coordinator to perform the duties of that posi- tion described in this section and such other du- ties as may be determined by the Director. For purposes of carrying out the previous sentence, the Director shall designate or appoint an ap- pointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent). (b) Emerging Threats Committee (1) In general The Emerging Threats Committee shall— (A) monitor evolving and emerging drug threats in the United States; (B) identify and discuss evolving and emerging drug trends in the United States using the criteria required to be established under paragraph (6); (C) assist in the formulation of and oversee implementation of any plan described in subsection (d); (D) provide such other advice to the Coor- dinator and Director concerning strategy and policies for emerging drug threats and trends as the Committee determines to be appropriate; and (E) disseminate and facilitate the sharing with Federal, State, local, and Tribal offi- cials and other entities as determined by the Director of pertinent information and data relating to— (i) recent trends in drug supply and de- mand; (ii) fatal and nonfatal overdoses; (iii) demand for and availability of evi- dence-based substance use disorder treat- ment, including the extent of the unmet treatment need, and treatment admission trends; (iv) recent trends in drug interdiction, supply, and demand from State, local, and Tribal law enforcement agencies; and (v) other subject matter as determined necessary by the Director. (2) Chairperson The Director shall designate one of the members of the Emerging Threats Committee to serve as Chairperson. (3) Members The Director shall appoint other members of the Committee, which shall include—