Title 6Domestic SecurityRelease 119-73

§458 Office of Counternarcotics Enforcement

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER VIII— - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part Part H— - Miscellaneous Provisions › § 458

Last updated Apr 6, 2026|Official source

Summary

Creates an Office of Counternarcotics Enforcement in the Department and requires the President to appoint its Director. The Secretary must give the Office permanent staff and pick senior employees from each part of the Department with big counternarcotics roles to act as liaisons. The Director must work only for this Office and cannot hold another federal, state, local, or other Department job. The Secretary must direct the Director to coordinate counternarcotics policy and operations inside the Department and with other federal, state, and local agencies, make sure the Department has enough resources, recommend needed money and staff, look for links between drug trafficking and terrorism within Joint Terrorism Task Forces, and represent the Department on counternarcotics task forces and committees. The Director may not take direct control of certain operational units like the Directorate of Border and Transportation Security, the Coast Guard, or joint terrorism task forces. Within 30 days after the President sends the Department’s budget request to Congress, the Director must send a review that flags budget items affecting counternarcotics, explains how money would be used, and compares them to last year. By February 1 each year the Director must send an annual review of the prior fiscal year’s counternarcotics activities, results, and recommended changes. Classified or sensitive material must be sent to Congress separately.

Full Legal Text

Title 6, §458

Domestic Security — Source: USLM XML via OLRC

(a)There is established in the Department an Office of Counternarcotics Enforcement, which shall be headed by a Director appointed by the President.
(b)(1)The Secretary shall assign permanent staff to the Office, consistent with effective management of Department resources.
(2)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.
(c)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.
(d)The Secretary shall direct the Director of the Office of Counternarcotics Enforcement—
(1)to coordinate policy and operations within the Department, between the Department and other Federal departments and agencies, and between the Department and State and local agencies with respect to stopping the entry of illegal drugs into the United States;
(2)to ensure the adequacy of resources within the Department for stopping the entry of illegal drugs into the United States;
(3)to recommend the appropriate financial and personnel resources necessary to help the Department better fulfill its responsibility to stop the entry of illegal drugs into the United States;
(4)within the Joint Terrorism Task Force construct to track and sever connections between illegal drug trafficking and terrorism; and
(5)to be a representative of the Department on all task forces, committees, or other entities whose purpose is to coordinate the counternarcotics enforcement activities of the Department and other Federal, State or local agencies.
(e)Nothing in this section shall be construed to authorize direct control of the operations conducted by the Directorate of Border and Transportation Security,11 See References in Text note below. the Coast Guard, or joint terrorism task forces.
(f)(1)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—
(A)identify any request or subpart of any request that affects or may affect the counternarcotics activities of the Department or any of its subdivisions, or that affects the ability of the Department or any subdivision of the Department to meet its responsibility to stop the entry of illegal drugs into the United States;
(B)describe with particularity how such requested funds would be or could be expended in furtherance of counternarcotics activities; and
(C)compare such requests with requests for expenditures and amounts appropriated by Congress in the previous fiscal year.
(2)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—
(A)describe the counternarcotics activities of the Department and each subdivision of the Department (whether individually or in cooperation with other subdivisions of the Department, or in cooperation with other branches of the Federal Government or with State or local agencies), including the methods, procedures, and systems (including computer systems) for collecting, analyzing, sharing, and disseminating information concerning narcotics activity within the Department and between the Department and other Federal, State, and local agencies;
(B)describe the results of those activities, using quantifiable data whenever possible;
(C)state whether those activities were sufficient to meet the responsibility of the Department to stop the entry of illegal drugs into the United States, including a description of the performance measures of effectiveness that were used in making that determination; and
(D)recommend, where appropriate, changes to those activities to improve the performance of the Department in meeting its responsibility to stop the entry of illegal drugs into the United States.
(3)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The 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.

Amendments

2012—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.

Reference

Citations & Metadata

Citation

6 U.S.C. § 458

Title 6Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73