February 27, 2025
Mr. Kelly (for himself, Mrs. Capito, Mrs. Blackburn, Ms. Cortez Masto, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend the Office of National Drug Control Prevention Act of 1998 to include new requirements for assessments and reports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the HIDTA Enhancement Act
.
Sec. 2. Office of National Drug Control Policy
The Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended—
(1)
in section 706(g)(3) (21 U.S.C. 1705(g)(3))—
(A)
in subparagraph (C), by striking and
at the end;
(B)
in subparagraph (D), by striking the period at the end and inserting ; and
; and
(C)
by adding at the end the following:
(E)
a report describing the use of HIDTA funds to investigate organizations and individuals trafficking in fentanyl or fentanyl-related substances, including any resulting prosecution, in the prior calendar year, including—
(i)
the amounts of fentanyl or fentanyl-related substances seized by a HIDTA-funded initiative in the area during the previous year; and
(ii)
law enforcement and predictive data from regional HIDTA threat assessments showing patterns and trends in substance abuse, trafficking, and transportation of fentanyl and fentanyl-related substances.;
(2)
in section 707 (21 U.S.C. 1706)—
(A)
in subsection (l)(2)—
(i)
in subparagraph (F), by striking and
at the end;
(ii)
in subparagraph (G), by striking the period at the end and inserting ; and
; and
(iii)
by adding at the end the following:
(H)
any limitations of the ability of a high intensity drug trafficking area to meet the purpose or goals of the area and recommendations to address any such limitations, including through resource allocation, partnerships, or a change in authority or law.;
(B)
in subsection (p)—
(i)
in paragraph (5), by striking and
at the end;
(ii)
in paragraph (6), by striking the period at the end and inserting ; and
; and
(iii)
by adding at the end the following:
(7)
$333,000,000 for each of fiscal years 2025 through 2030.;
(C)
in subsection (s)—
(i)
in the matter preceding paragraph (1), by striking $10,000,000
and inserting $14,224,000
;
(ii)
in paragraph (2), by striking and
at the end;
(iii)
in paragraph (3), by striking the period at the end and inserting a semicolon; and
(iv)
by adding at the end the following:
(4)
providing assistance to Federal, State, local, and Tribal law enforcement agencies in investigations and activities related to the interdiction of fentanyl and other substances; and
(5)
any additional purpose the Director determines is appropriate to enhance fentanyl prevention, seizure, and interdiction activities.; and
(D)
by adding at the end the following:
(t) Additional prosecutorial resources
(1) In general
The Attorney General shall make available sufficient investigative and prosecution resources as may be practicable for the purposes described in this section, including temporary reassignment under subsection (b)(2) for fiscal years 2024 through 2030, during which such an assistant United States attorney shall prioritize the investigation and prosecution of organizations and individuals trafficking in fentanyl and fentanyl-related substances. Such temporary 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.
(2) Process for temporary reassignment
Not later than 180 days after the date of enactment of this subsection, the Attorney General shall establish a process under which the Director, in consultation with the Executive Boards of each designated high intensity drug trafficking area, may request an assistant United States attorney to be so temporarily reassigned in accordance with this subsection.