6 U.S.C. § 413

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 413 - Use of counternarcotics enforcement activities in certain employee performance appraisals

(a) In general

Each subdivision of the Department that is a National Drug Control Program Agency shall include as one of the criteria in its performance appraisal system, for each employee directly or indirectly involved in the enforcement of Federal, State, or local narcotics laws, the performance of that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest extent practicable on objective performance measures, including-

(1) the contribution of that employee to seizures of narcotics and arrests of violators of Federal, State, or local narcotics laws; and

(2) the degree to which that employee cooperated with or contributed to the efforts of other employees, either within the Department or other Federal, State, or local agencies, in counternarcotics enforcement.

(b) Definitions

For purposes of this section-

(1) the term "National Drug Control Program Agency" means-

(A) a National Drug Control Program Agency ¹, as defined in section 1701(7) ² of title 21 (as last in effect); and

(B) any subdivision of the Department that has a significant counternarcotics responsibility, as determined by-

(i) the counternarcotics officer, appointed under section 458 of this title; or

(ii) if applicable, the counternarcotics officer's successor in function (as determined by the Secretary); and

(2) the term "performance appraisal system" means a system under which periodic appraisals of job performance of employees are made, whether under chapter 43 of title 5, or otherwise.

¹ So in original. Probably should be "agency".

² See References in Text note below.

6 U.S.C. § 413

Pub. L. 107-296, title VIII, §843, as added Pub. L. 108-458, title VII, §7408(a), Dec. 17, 2004, 118 Stat. 3854.

EDITORIAL NOTES

REFERENCES IN TEXTSection 1701(7) of title 21, referred to in subsec. (b)(1)(A), was redesignated section 1701(11) of title 21 by Pub. L. 115-271, title VIII, §8216(4), Oct. 24, 2018, 132 Stat. 4117.

Department

The term "Department" means the Department of Homeland Security.

Secretary

The term "Secretary" means the Secretary of Homeland Security.

State

The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

Agency

the term "Agency" means the Federal Emergency Management Agency;