
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1706]

 
                        TITLE 21--FOOD AND DRUGS
 
                CHAPTER 22--NATIONAL DRUG CONTROL POLICY
 
Sec. 1706. 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.

(b) Designation

    The Director, upon consultation with the Attorney General, the 
Secretary of the Treasury, 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. 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 High Intensity 
    Drug Trafficking Areas Program;
        (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;
        (3) take any other action authorized under section 1703 of this 
    title to provide increased Federal assistance to those areas;
        (4) coordinate activities under this subsection (specifically 
    administrative, recordkeeping, and funds management activities) with 
    State and local officials.

(c) 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 center of illegal drug production, 
    manufacturing, importation, or distribution;
        (2) 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;
        (3) drug-related activities in the area are having a harmful 
    impact 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.

(d) Use of funds

    The Director shall ensure that no Federal funds appropriated for the 
High Intensity Drug Trafficking Program are expended for the 
establishment or expansion of drug treatment programs.

(Pub. L. 105-277, div. C, title VII, Sec. 707, Oct. 21, 1998, 112 Stat. 
2681-686.)

                            Repeal of Section

        For repeal of section on Sept. 30, 2003, see section 1712 of 
    this title.


    Combating Methamphetamine and Amphetamine in High Intensity Drug 
                            Trafficking Areas

    Pub. L. 106-310, div. B, title XXXVI, Sec. 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 methamphetamine 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 appropriate Federal, State, and 
    local governmental agencies for employing additional Federal law 
    enforcement personnel, or facilitating the employment of additional 
    State and local law enforcement personnel, including agents, 
    investigators, prosecutors, laboratory technicians, chemists, 
    investigative assistants, and drug-prevention specialists.
    ``(b) Authorization of Appropriations.--There is authorized 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 fiscal 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 following factors:
            ``(A) The number of methamphetamine manufacturing facilities 
        and amphetamine manufacturing facilities discovered by Federal, 
        State, or local law enforcement officials in the previous fiscal 
        year.
            ``(B) The number of methamphetamine prosecutions 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 fiscal year.
            ``(D) The amounts of methamphetamine, amphetamine, 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 Department of Health and 
        Human Services showing patterns and trends in abuse, 
        trafficking, and transportation 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 clandestine 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 appropriated 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 strategy 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''.
