There is established in the Department an Office of Counternarcotics Enforcement, which shall be headed by a Director appointed by the President.
The Secretary shall assign permanent staff to the Office, consistent with effective management of Department resources.
The Secretary shall designate senior employees from each appropriate subdivision of the Department that has significant counternarcotics responsibilities to act as a liaison between that subdivision and the Office of Counternarcotics Enforcement.
The Director of the Office of Counternarcotics Enforcement shall not be employed by, assigned to, or serve as the head of, any other branch of the Federal Government, any State or local government, or any subdivision of the Department other than the Office of Counternarcotics Enforcement.
The Secretary shall direct the Director of the Office of Counternarcotics Enforcement-
Nothing in this section shall be construed to authorize direct control of the operations conducted by the Directorate of Border and Transportation Security,1 the Coast Guard, or joint terrorism task forces.
The Director of the Office of Counternarcotics Enforcement shall, not later than 30 days after the submission by the President to Congress of any request for expenditures for the Department, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate a review and evaluation of such request. The review and evaluation shall-
The Director of the Office of Counternarcotics Enforcement shall, not later than February 1 of each year, submit to the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate a review and evaluation of the counternarcotics activities of the Department for the previous fiscal year. The review and evaluation shall-
Any content of a review and evaluation described in the reports required in this subsection that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Secretary, would be detrimental to the law enforcement or national security activities of the Department or any other Federal, State, or local agency, shall be presented to Congress separately from the rest of the review and evaluation.
1 See References in Text note below.
6 U.S.C. § 458
EDITORIAL NOTES
REFERENCES IN TEXTThe Directorate of Border and Transportation Security, referred to in subsection (e), was abolished by section 802(g)(2) of Pub. L. 114-125 which repealed section 201 of this title. Section 211(a) of this title established U.S. Customs and Border Protection.
AMENDMENTS2012-Subsec. (a). Pub. L. 112-166 struck out ", by and with the advice and consent of the Senate" before period at end.2006-Subsec. (c). Pub. L. 109-469, §103(f)(2)(A), substituted "The" for "Except as provided in subsection (d) of this section, the".Subsecs. (d) to (g). Pub. L. 109-469, §103(f)(2)(B), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out heading and text of former subsec. (d). Text read as follows: "The Director of the Office of Counternarcotics Enforcement may be appointed as the United States Interdiction Coordinator by the Director of the Office of National Drug Control Policy, and shall be the only person at the Department eligible to be so appointed."2004- Pub. L. 108-458 amended section catchline and text generally. Prior to amendment, text read as follows: "The Secretary shall appoint a senior official in the Department to assume primary responsibility for coordinating policy and operations within the Department and between the Department and other Federal departments and agencies with respect to interdicting the entry of illegal drugs into the United States, and tracking and severing connections between illegal drug trafficking and terrorism. Such official shall-"(1) ensure the adequacy of resources within the Department for illicit drug interdiction; and"(2) serve as the United States Interdiction Coordinator for the Director of National Drug Control Policy."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112-166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112-166 set out as a note under section 113 of this title.
- 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.
- local government
- The term "local government" means-(A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;(B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and(C) a rural community, unincorporated town or village, or other public entity.
- personnel
- The term "personnel" means officers and employees.
- terrorism
- The term "terrorism" means any activity that-(A) involves an act that-(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and(B) appears to be intended-(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
- Agency
- the term "Agency" means the Federal Emergency Management Agency;