Such regulations shall provide for a regular review by the 
Director of the petition, including a recommendation re-
garding the merit of the petition to the Director by a panel 
of qualified, independent experts. 
‘‘(d) FACTORS FOR CONSIDERATION.—In considering 
whether to designate an area under this section as a high 
intensity drug trafficking area, the Director shall consider, 
in addition to such other criteria as the Director considers 
to be appropriate, the extent to which—
‘‘(1) the area is a significant center of illegal 
drug production, manufacturing, importation, or dis-
tribution; 
‘‘(2) State and local law enforcement agencies 
have committed resources to respond to the drug 
trafficking problem in the area, thereby indicating a 
determination to respond aggressively to the prob-
lem; 
‘‘(3) drug-related activities in the area are hav-
ing a significant harmful impact in the area, and in 
other areas of the country; and 
‘‘(4) a significant increase in allocation of Fed-
eral resources is necessary to respond adequately to 
drug-related activities in the area. 
‘‘(e) ORGANIZATION
OF HIGH INTENSITY DRUG 
TRAFFICKING AREAS.—
‘‘(1) EXECUTIVE
BOARD
AND
OFFICERS.—To 
be eligible for funds appropriated under this section, 
each high intensity drug trafficking area shall be 
governed by an Executive Board. The Executive 
Board shall designate a president, vice president, 
and any other officers to the Executive Board that 
it determines are necessary. 
‘‘(2) RESPONSIBILITIES.—The Executive Board 
of a high intensity drug trafficking area shall be re-
sponsible for—
‘‘(A) providing direction and oversight in 
establishing and achieving the goals of the high 
intensity drug trafficking area; 
‘‘(B) managing the funds of the high in-
tensity drug trafficking area; 
‘‘(C) reviewing and approving all funding 
proposals consistent with the overall objective of 
the high intensity drug trafficking area; and 
‘‘(D) reviewing and approving all reports 
to the Director on the activities of the high in-
tensity drug trafficking area. 
‘‘(3) BOARD REPRESENTATION.—None of the 
funds appropriated under this section may be ex-
pended for any high intensity drug trafficking area, 
or for a partnership or region of a high intensity
drug trafficking area, if that area’s, region’s or part-
nership’s Executive Board is not comprised of equal 
voting representation between representatives of par-
ticipating Federal law enforcement or prosecution 
agencies and representatives of participating State 
and local law enforcement or prosecution agencies. 
Nothing in this paragraph precludes an Executive 
Board from including additional, nonvoting members 
representing Federal, State, or local agencies. 
‘‘(4) NO
AGENCY
RELATIONSHIP.—The eligi-
bility requirements of this section are intended to 
ensure the responsible use of Federal funds. Nothing 
in this section is intended to create an agency rela-
tionship between individual high intensity drug traf-
ficking areas and the Federal Government. 
‘‘(f) USE OF FUNDS.—The Director shall ensure that 
no Federal funds appropriated for the Program are ex-
pended for the establishment or expansion of drug treat-
ment or drug use prevention programs. 
‘‘(g) COUNTERTERRORISM ACTIVITIES.—
‘‘(1) ASSISTANCE AUTHORIZED.—The Director 
may authorize use of resources available for the Pro-
gram to assist Federal, State, and local law enforce-
ment agencies in investigations and activities related 
to terrorism and prevention of terrorism, especially
but not exclusively with respect to such investiga-
tions and activities that are also related to drug 
trafficking. 
‘‘(2) LIMITATION.—The Director shall ensure—
‘‘(A) that assistance provided under para-
graph (1) remains incidental to the purpose of 
the Program to reduce drug availability and 
carry out drug-related law enforcement activi-
ties; and 
‘‘(B) that significant resources of the Pro-
gram are not redirected to activities exclusively 
related to terrorism, except on a temporary 
basis under extraordinary circumstances, as de-
termined by the Director. 
‘‘(h) ROLE OF DRUG ENFORCEMENT ADMINISTRA-
TION.—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 SUBMIS-
SIONS.—As part of the documentation that supports the 
President’s annual budget request for the Office, the Di-
rector shall submit to Congress a budget justification that 
includes the following:
‘‘(1) The amount requested for each high inten-
sity drug trafficking area with supporting narrative 
descriptions and rationale for each request. 
‘‘(2) A detailed justification for each funding 
request that explains the reasons for the requested 
funding level, how such funding level was determined 
based on a current assessment of the drug traf-
ficking threat in each high intensity drug trafficking 
area, how such funding will ensure that the goals 
and objectives of each such area will be achieved, 
and how such funding supports the National Drug 
Control Strategy. 
‘‘(j) EMERGING THREAT RESPONSE FUND.—
‘‘(1) IN GENERAL.—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 para-
graph (2). 
‘‘(2) CONSIDERATION
OF
IMPACT.—In allo-
cating funds under this subsection, the Director 
shall consider—