IIB
118th CONGRESS
2d Session
H. R. 9598
IN THE SENATE OF THE UNITED STATES
December 9, 2024
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To amend the Office of National Drug Control Policy Reauthorization Act to reauthorize such Office, and for other purposes.
Short title
This Act may be cited as the Office of National Drug Control Policy Reauthorization Act of 2024
.
Office of National Drug Control Policy Reauthorization
Amendments to the Office of National Drug Control Policy Reauthorization Act of 1998
The Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended—
in section 702 (21 U.S.C. 1701)—
in paragraph (2)(A)(ii), by striking Government Reform
and inserting Accountability
;
in paragraph (3)—
in subparagraph (L), by striking ; and
and inserting a semicolon;
in subparagraph (M), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
tertiary prevention support or services, including opioid antagonists or overdose reversal agents such as naloxone, and other harm reduction activities such as overdose and drug detection testing.
;
by amending paragraph (7) to read as follows:;
Emerging drug threat
The term emerging drug threat means the occurrence of a new and growing trend in the illicit use or misuse of a drug, class of drugs, or non-controlled substance, or a new or evolving method of drug consumption or trafficking, including rapid expansion in the supply of or demand for such a drug or substance.
.
in paragraph (9), by striking drug laws
and inserting the following: drug, trade, and illicit drug trafficking laws
;
in paragraph (10), by inserting after demand reduction,
the following: illicit drug trafficking,
;
by redesignating paragraphs (15), (16), and (17) as paragraphs (17), (18), and (19), respectively;
by inserting after paragraph (14) the following new paragraph:
Precursor chemical
In general
The term precursor chemical includes a listed chemical and an unregulated precursor.
Listed chemical
The term listed chemical has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
Unregulated precursor
The term unregulated precursor—
means any chemical used in the production of illicit drugs that has not been identified as a listed chemical under the Controlled Substances Act; and
does not include a solvent or reagent.
State
The term ‘State’ means each of the several States of the United States, the District of Columbia, and each territory or possession of the United States.
;
in paragraph (19), as so redesignated—
by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and
by inserting after subparagraph (F) the following:
activities to map, track, dismantle, and disrupt the financial enablers of drug trafficking organizations, transnational criminal organizations, and money launderers involved in the manufacture and trafficking of drugs in the United States and in foreign countries;
; and
by inserting at the end the following:
United states
The term United States, when used in a geographical sense, means all of the States, the District of Columbia, and the territories and possessions of the United States, and any waters within the jurisdiction of the United States.
Evidence
The term ‘evidence’ has the meaning given that term in section 3561 of title 44, United States Code.
;
in section 703(d) (21 U.S.C. 1702(d))—
in paragraph (5)(B), by striking accepted by a contractor to be used in its performance of a contract for the Office.
and inserting the following:
accepted—
by a contractor (or subcontractor thereof at any tier) for use in its performance of a contract for the Office; or
by a grant recipient (or subgrantee thereof at any tier) for use in carrying out an award related to a fund administered by the Office.
; and
in paragraph (6), by inserting after paragraph (5)
the following: and the registry shall be sent to the appropriate Congressional committees
;
in section 704 (21 U.S.C. 1703)—
in subsection (a)(1)(C), by striking shall
and inserting may
;
in subsection (b)—
in paragraph (16), by inserting after to treat addiction
the following: , encourage primary substance use prevention, and increase accessibility and effectiveness of life-saving opioid antagonists or reversal agents, such as naloxone
;
by striking paragraph (20);
by redesignating paragraph (21) as paragraph (20);
in paragraph (20), as so redesignated, by striking the period at the end and inserting ; and
; and
by inserting at the end the following:
shall coordinate with the Secretary of Homeland Security, the Attorney General, and the Secretary of State regarding the status of the enforcement of clauses (i) and (ii) of subparagraph (A) and subparagraph (B) of section 237(a)(2) (8 U.S.C. 1227(a)(2)) and subparagraphs (A) and (C) of section 212(a)(2) (8 U.S.C. 1182(a)(2)) for the purposes of ensuring such drug control and illicit drug trafficking enforcement activities are adequately resourced.
;
in subsection (c)—
in paragraph (1)(C), by striking supply reduction, and State, local, and tribal affairs, including any drug law enforcement activities
and inserting the following: supply reduction, accessibility to life-saving opioid antagonists or reversal agents, such as naloxone, and State, local, and Tribal affairs, including any drug related law enforcement activities
;
in paragraph (3)(C)—
in clause (ii), by inserting after United States
the following: , including at and between the ports of entry,
;
in clause (iii), by striking ; and
and inserting a semicolon;
in clause (iv), by striking the period at the end and inserting ; and
; and
by inserting at the end the following new clause:
requests funding for activities that facilitate illicit drug use, but not including overdose reversal medications, drug checking, or testing technology.
;
in subsection (d)(8)(F)(ii), by striking and at United States ports of entry by officers and employees of National Drug Control Program agencies and domestic and foreign law enforcement officers
and inserting the following: and at and between United States ports of entry by officers and employees of National Drug Control Program agencies and domestic and foreign law enforcement officers
;
in subsection (i)—
in paragraph (1)(A), by striking to address illicit drug use issues
and inserting the following: to address illicit drug use, prevention and treatment of overdose and addiction, and law enforcement activities
; and
in paragraph (2), by striking 2023
and inserting 2031
; and
in subsection (k)—
in the heading, by striking Harm Reduction Programs
and inserting Substance use prevention, harm reduction, and life-saving treatment programs
; and
in the first sentence, by inserting after drug addiction and use
the following: with the primary goal being the prevention of initial or continued use and the fostering of life-saving opioid antagonists or reversal agents, such as naloxone
;
in section 705 (21 U.S.C. 1704)—
in subsection (a)(3)—
in subparagraph (A), by inserting after Federal Government
the following: and such lands owned by a foreign principal (as such term in defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611))
;
in subparagraph (B)—
by inserting after the preceding year
the following: , along with historical comparisons over the prior 20 years,
;
in clause (i)—
by inserting after seizing drugs,
the following: including precursor chemicals,
; and
by striking ; and
and inserting a semicolon;
in clause (ii), by striking the period at the end and inserting ; and
; and
by inserting at the end the following new clause:
the effects of trends of encounters of inadmissible aliens at and between the ports of entry, and the effect of any increases or changes in the level of trade and travel, on the capacity and ability of the Department of Homeland Security components to interdict and prevent the unlawful entry of illicit drugs into the United States by any means.
; and
in subparagraph (D)—
by inserting after the preceding year
the following: , along with historical comparisons over the prior 20 years,
; and
in clause (iii), by inserting after seizing drugs,
the following: including precursor chemicals,
;
in subsection (e)(2), by inserting before the period at the end the following: and $3,000,000 for each of fiscal years 2025 through 2031
; and
in subsection (f)—
in paragraph (2), by inserting after agency shall
the following: , in accordance with guidelines issued by the Director for standard definitions, identification, and review procedures,
; and
by striking paragraph (4);
in section 706 (21 U.S.C. 1705)—
in subsection (c)—
in paragraph (1)—
by striking subparagraph (D);
in subparagraph (H)—
by inserting after identifying existing
the following: evidence,
; and
by striking will obtain such data
and inserting will ensure such data is obtained
;
in subparagraph (J)(ii), by inserting evidence,
before data
;
in subparagraph (L), by inserting evidence
after Such other
; and
in subparagraph (M)(iv), by inserting storing and retrieving,
after collecting,
;
in paragraph (2)—
by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and
by inserting after subparagraph (D) the following new subparagraphs:
The Administrator of the Office of Information and Regulatory Affairs.
The Chief Data Officers Council.
;
in paragraph (3)—
in subparagraph (B)(ii)—
in subclause (I), by striking ; and
and inserting a semicolon;
in subclause (II), by striking the period at the end and inserting ; and
; and
by inserting at the end the following new subclause:
an analysis of the effects of trends of encounters of inadmissible aliens at and between the ports of entry, and the effect of any increases or changes in the level of trade and travel, on the capacity and ability of the Department of Homeland Security to interdict and prevent the unlawful entry of illicit drugs into the United States by any means.
; and
by adding at the end the following new subparagraph:
Requirement for Caribbean Border Counternarcotics Strategy
Purposes
The Caribbean Border Counternarcotics Strategy shall—
set forth the strategy of the Federal Government for preventing the illegal trafficking of drugs through the Caribbean region into the United States, including through ports of entry, between ports of entry, and across air and maritime approaches;
state the specific roles and responsibilities of each relevant National Drug Control Program agency for implementing the strategy;
identify the specific resources required to enable the relevant National Drug Control Program agencies to implement the strategy, to the extent practicable; and
be designed to promote, and not hinder, legitimate trade and travel.
Specific content related to Puerto Rico and the United States Virgin Islands
The Caribbean Border Counternarcotics Strategy shall include—
a strategy to prevent the illegal trafficking of drugs to or through Puerto Rico and the United States Virgin Islands, including measures to substantially reduce drug-related violent crime on such islands; and
recommendations for additional assistance or authorities, if any, needed by Federal, State, and local law enforcement agencies relating to the strategy, including an evaluation of Federal technical and financial assistance, infrastructure capacity building, and interoperability deficiencies.
; and
in paragraph (5), by striking data
each place it appears and inserting evidence, data,
;
in subsection (f)—
in paragraph (1), by striking publicly available in a machine-readable format
and inserting the following: publicly available as an open Government data asset (as such term is defined in section 3502 of title 44, United States Code)
;
in paragraph (2), by inserting after searchable format
the following: available for bulk download to the extent practicable
; and
by amending paragraph (3) to read as follows:
Data
The data included in the Drug Control Data Dashboard shall be updated annually with final data, and to the extent practicable, updated quarterly with provisional data, that aligns with the goals of the performance measurement system required under subsection (h) and include, at a minimum, the following:
For each substance identified by the Director as having a significant impact on illicit drug use in the United States, data sufficient to—
assess supply reduction efforts, including, to the extent practicable, the total amount of substances seized;
assess drug use behaviors;
estimate the prevalence of substance use disorders;
show the number of fatal and non-fatal overdoses; and
assess the provision of substance use disorder treatment.
Any quantifiable measures the Director determines to be appropriate to detail progress toward the achievement of the goals of the National Drug Control Strategy, including, to the extent practicable, data disaggregated by specific geographic areas or sub-populations of interest.
Data sufficient to assess the effectiveness of such substance use disorder treatments.
To the extent practicable, data sufficient to show the extent of prescription drug diversion, trafficking, and misuse in the calendar year and each of the previous 3 calendar years.
Any quantifiable measures the Director determines to be appropriate to detail progress toward the achievement of the goals of the National Drug Control Strategy, including to the extent practicable, data disaggregated by specific geographic areas or sub-populations of interest.
; and
in subsection (g)(2)—
in subparagraph (D), by striking narcotics
and inserting drugs
;
in subparagraph (E), by striking drug use
and inserting illicit drug use and misuse
; and
in subparagraph (F), by striking drug use
and inserting illicit drug use and misuse
;
in section 707 (21 U.S.C. 1706)—
in subsection (l)(2)(F), by inserting and authorities enforcing illicit drug trafficking laws
after task forces
;
in subsection (m)(2), by inserting , authorities enforcing illicit drug trafficking laws,
after agencies
;
in subsection (p)—
in paragraph (5). by striking ; and
and inserting a semicolon;
in paragraph (6), by striking the period at the end and inserting ; and
; and
by inserting at the end the following new paragraph:
$298,579,000 for each of fiscal years 2025 through 2031.
;
in subsection (r)(3), by striking addiction
;
in subsection (s)—
in the matter before paragraph (1), by striking The Director
and inserting Except as provided in subsection (t)(2), the Director
;
in paragraph (2), by striking ; and
and inserting a semicolon;
in paragraph (3), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
enhancing fentanyl seizure and interdiction activities.
; and
by adding at the end the following:
Supplemental grants for Fentanyl Interdiction Activities
Minimum allocation of funds for fentanyl interdiction activities
Of the amounts allocated for grants under subsection (s), not less than $5,000,000 shall be allocated for the purpose of making grants under subsection (s)(4).
Additional funds
In addition to amounts allocated under subparagraph (A) for the purpose of making grants under subsection (s)(4), the Director may use amounts otherwise appropriated to carry out this section for such purpose.
Additional Judiciary Prosecutorial Resources
Temporary reassignment of assistant United States attorneys
Authority
The Attorney General may identify assistant United States attorneys who may be made available for temporary reassignment under subsection (b)(2) for a period of time determined by the Attorney General in coordination with the Director, during which an assistant United States attorney shall prioritize the investigation and prosecution of organizations and individuals trafficking in fentanyl or fentanyl analogues.
Extension of reassignment
Such reassignment may be extended by the Attorney General for such time as may be necessary to conclude any ongoing investigation or prosecution in which the assistant United States attorney is engaged.
Process for temporary reassignment
The Attorney General may establish a process under which the Director, in consultation with the Executive Boards of each designated high intensity drug trafficking area, may request such an assistant United States attorney to be so temporarily reassigned.
Use of Funds To Combat Fentanyl Trafficking
Requirement
As part of the documentation that supports the President’s annual budget request for the Office, the Director shall submit to Congress a report describing the use of HIDTA funds for the purposes of enhancing fentanyl seizure and interdiction activities under subsection (s)(4) or (t) and to investigate and prosecute organizations and individuals trafficking in fentanyl or fentanyl analogues in the prior calendar year.
Contents
The report shall include—
the amounts of fentanyl or fentanyl analogues seized by HIDTA-funded initiative in the area during the previous year; and
law enforcement intelligence and predictive data from the Drug Enforcement Administration showing patterns and trends in abuse, trafficking, and transportation in fentanyl and fentanyl analogues.
Protection from unreasonable search and seizure
Any program or activity that receives funds made available under this section shall be conducted in a manner consistent with the requirements of the Fourth Amendment to the Constitution of the United States.
Report on Data Analytical Services Program
Report
With respect to the Data Analytical Services program (formally known as Hemisphere), and any successor program, the Director shall submit to the Committee on Oversight and Accountability and the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report every two years on any activities of the program—
funded by the Office; and
carried out in two years prior to the submission of the report.
Contents of report
The report required by paragraph (1) shall include the following:
A documentation of any activities of the Data Analytical Services program, including—
the amount of searches conducted for each HIDTA; and
each requesting local law enforcement jurisdiction.
Information on how the program was funded and how funds were expended under the program, including information on any—
funding sources derived from each HIDTA’s funding allocation for a HIDTA, or any other source of funding, for the program; and
payments made by the program to any non-governmental entity or external vendor.
A description of any policies and guidelines provided to HIDTA personnel and local law enforcement jurisdictions governing the operation of the program in order to ensure that such program does not infringe on rights protected under the Fourth Amendment or violate legally protected privacy of United States citizens or individuals legally in the United States, along with any recommendations by the Director to strengthen such policies and guidelines.
;
in section 709(f)(1) (21 U.S.C. 1708(f)(1))—
by striking shall
and inserting may
;
in subparagraph (A), by striking abuse
and inserting use or misuse
; and
in subparagraph (D)(i), by striking addiction issues
and inserting substance use disorders
;
in section 709 (21 U.S.C. 1708)—
in subsection (f)(2)(B)(iii), by inserting after professionals
the following: including experts in evidence-based media campaigns, education, and evaluation
; and
in subsection (g), by striking 2023
and inserting 2031
;
in section 711 (21 U.S.C. 1710), including the headings, by striking Command and Control Plan
each place it appears and inserting Strategic Plan
; and
in section 714 (21 U.S.C. 1711), by inserting before the period at the end the following: and $20,000,000 for each of fiscal years 2025 through 2031
.
Amendments to the Anti-Drug Abuse Act of 1988
The Anti-Drug Abuse Act of 1988 (Public Law 100–690) is amended—
in section 1024 (21 U.S.C. 1524)—
in subsection (a), by inserting before the period at the end the following: and $109,000,000 for each of fiscal years 2025 through 2031
; and
in subsection (b), by striking 8 percent
and inserting 10 percent
; and
in section 1032(b) (21 U.S.C. 1532(b))—
by striking $125,000
each place the term appears and inserting $150,000
; and
in paragraph (3)—
by striking subparagraph (A) and inserting the following:
In general
Subject to subparagraph (F), the Administrator may award up to 2 additional grants under this paragraph to an eligible coalition awarded a grant under paragraph (1) or (2) for any first fiscal year after the end of the 4-year or 9-year period following the period of the initial or subsequent grant under paragraph (1) or (2), as the case may be.
;
in subparagraph (B), by striking a renewal grant
and inserting up to 2 renewal grants
;
in subparagraph (C), by striking an additional grant
and inserting the additional grants
; and
by striking subparagraph (D) and inserting the following:
Renewal grants
Subject to subparagraph (F), the Administrator may award a renewal grant to a grant recipient under this paragraph for each fiscal year of the 4-fiscal-year period following the first fiscal year for which an additional grant under this paragraph is awarded in an amount not to exceed the amount of non-Federal funds raised by the coalition, including in-kind contributions, for that fiscal year.
.
Reauthorization of the National Community Anti-Drug Coalition Institute
Section 4(d) of Public Law 107–82 (21 U.S.C. 1521 note) is amended by striking paragraph (2) and inserting the following:
Disbursement
The Director shall, using amounts authorized to be appropriated by section 1024 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1524), disburse $2,500,000 made available under subsection (a), for each of the fiscal years 2025 through 2031.
.
Reauthorization of community-based coalition enhancement grants to address local drug crises
Section 103 of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536) is amended—
in subsection (a)—
in paragraph (1)—
in the heading, by striking Administrator
and inserting Assistant Secretary
; and
by striking Administrator
each place it appears and inserting Assistant Secretary
;
in paragraph (4)(B), by striking abuse
and inserting use or misuse
; and
in paragraph (5)(A), by striking abuse
and inserting use or misuse
;
in subsection (b), by striking Administrator
and inserting Assistant Secretary
;
in subsection (h), by striking Administrator
and inserting Assistant Secretary
; and
in subsection (i), by inserting before the period at the end the following: and $5,200,000 for each of fiscal years 2025 through 2031
.
Report regarding life-saving opioid antagonists or reversal agents
Amendment
The Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469) is amended by adding at the end the following new section:
Requirement for life saving opioid overdose reversal study
Finding
Congress finds that it is vital to support access to treatment and emergency intervention tools to address drug addiction while also pursuing strategies to ensure communities have readily available access to life-saving drug overdose reversal medications, including opioid antagonists or reversal agents, such as naloxone, in case of an emergency.
Report
Not later than 180 days after the date of the enactment of this section, the Director of the Office of National Drug Control Policy shall submit to Congress a report that contains the following:
A summary of the relevant roles, responsibilities, and authorities of each relevant National Drug Control Program agency to ensure that life-saving drug overdose reversal medications are readily available in case of an emergency, including life-saving opioid antagonists or reversal agents, such as naloxone, across the Nation.
A strategy for the Federal Government to ensure that State, local, and Tribal governments, and agencies thereof including law enforcement and public health and safety entities, have life-saving drug overdose reversal medications readily available in case of an emergency, including life-saving opioid antagonists or reversal agents, such as naloxone, which at a minimum identifies—
any Federal and State policies and actions necessary for the relevant National Drug Control Program agencies to take to address—
the challenges faced by pharmacists, prescription drug providers, dispensers (including manufacturers, distributors, and retailers), and other health care providers, to make such medications readily available to patients over the counter for emergency use;
the challenges faced by pharmacists, health care providers, and State health officials to educate the public on the risks and benefits of such medications, including how to effectively use such medications; and
the appropriate training of State and local health care providers and first responders on the use of such medications; and
identifies any budgetary resources, personnel resources, licensing requirements, and legal authorities that relevant National Drug Control Program agencies needs to enable the availability of such life-saving emergency drug overdose medications;
A summary of policies in effect before the submission of the report that are administered by—
the Director of the Office National Drug Control Policy;
the Secretary of Health and Human Services; and
each National Drug Control Program agency, as applicable.
A summary of the specific actions taken over the previous 10 years before the submission of the report by the Substance Abuse and Mental Health Services Administration and the Drug Enforcement Administration to coordinate with one another and with State health agencies to ensure that—
such treatments, including medications, are accessible to the public; and
appropriate public education on the use of, and the risks and benefits of, such treatments, including medications, are readily available.
Updates
Any significant update made to the strategy included in the report required by paragraph (2)(B) after such report is submitted shall be included in the next National Drug Control Strategy submitted to Congress after such update is made.
.
Technical and conforming amendment
The Table of Contents for the Office of National Drug Control Policy Reauthorization Act of 2006 is amended by adding at the end the following new item:
Sec. 1121. Requirement for Life Saving Opioid Overdose Reversal Study.
.
Report on pill press machines
Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Drug Control Policy shall make public a report that includes an analysis of and a description of strategic ways to regulate the shipment of pill press machines and their critical parts using reports previously prepared by the Office.
Passed the House of Representatives December 5, 2024.
Kevin F. McCumber,
Clerk.