PUBLIC LAW 109–469—DEC. 29, 2006
120 STAT. 3521
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 the date of the enactment of this section, 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—
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