---
kind: "section"
citation: "6 U.S.C. § 413"
title: "6"
title_heading: "Domestic Security"
number: "413"
heading: "Use of counternarcotics enforcement activities in certain employee performance appraisals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/413"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter VIII — Coordination with Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions"
  - "Part E — Human Resources Management"
---

# §413. Use of counternarcotics enforcement activities in certain employee performance appraisals

- (a) **In general—** Each subdivision of the [Department](/usc/6/101.md?p=5) that is a National Drug Control Program [Agency](/usc/6/311.md?p=2) 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](/usc/6/101.md?p=17), or local narcotics laws, the performance of that employee with respect to the enforcement of Federal, [State](/usc/6/101.md?p=17), 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](/usc/6/101.md?p=17), 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](/usc/6/101.md?p=5) or other Federal, [State](/usc/6/101.md?p=17), or local [agencies](/usc/6/311.md?p=2), in counternarcotics enforcement.
- (b) **Definitions—** For purposes of this section—
  - (1) the term “National Drug Control Program [Agency](/usc/6/311.md?p=2)” means—
    - (A) a National Drug Control Program [Agency](/usc/6/311.md?p=2)[^1], as defined in section 1701(7)[^2] of title 21 (as last in effect); and
    - (B) any subdivision of the [Department](/usc/6/101.md?p=5) that has a significant counternarcotics responsibility, as determined by—
      - (i) the counternarcotics officer, appointed under [section 458 of this title](/usc/6/458.md); or
      - (ii) if applicable, the counternarcotics officer’s successor in function (as determined by the [Secretary](/usc/6/101.md?p=16)); 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](/usc/5/chptIII/sptC/ch43.md) of title 5, or otherwise.

## Footnotes

[^1]: So in original. Probably should be “agency”.
[^2]: See References in Text note below.

## Source credit

(Pub. L. 107–296, title VIII, § 843, as added Pub. L. 108–458, title VII, § 7408(a), Dec. 17, 2004, 118 Stat. 3854.)

## Notes

### Editorial Notes

### References in Text

Section 1701(7) of title 21, referred to in subsec. (b)(1)(A), was redesignated section 1701(11) of title 21 by Pub. L. 115–271, title VIII, § 8216(4), Oct. 24, 2018, 132 Stat. 4117.