§ 413 — Use Of Counternarcotics Enforcement Activities In Certain Employee Performance Appraisals

(a) 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 Federal, 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 performance measures, including— (1) the contribution of that employee to seizures of narcotics 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) For purposes of this section— (1) the term “National Drug Control Program Agency” means— (A) of title 21 (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 458 of this title; or (ii) if applicable, the counternarcotics officer’s successor 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, or otherwise.