118 STAT. 3854 PUBLIC LAW 108–458—DEC. 17, 2004 SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS. (a) IN GENERAL.—Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the following: ‘‘SEC. 843. 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 Fed- eral, 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 perform- ance measures, including— ‘‘(1) the contribution of that employee to seizures of nar- cotics 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, as defined in section 702(7) of the Office of National Drug Control Policy Reauthorization Act of 1998 (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 878; or ‘‘(ii) if applicable, the counternarcotics officer’s suc- cessor 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, United States Code, or otherwise.’’. (b) CLERICAL AMENDMENT.—The table of contents for the Home- land Security Act of 2002 is amended by inserting after the item relating to section 842 the following: ‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee per- formance appraisals.’’. Subtitle E—Public Safety Spectrum SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE. (a) FINDINGS.—Congress finds the following: (1) Congress granted television broadcasters additional 6 megahertz blocks of spectrum to transmit digital broadcasts 6 USC 413. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00388 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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