II 

118TH CONGRESS 

2D SESSION S. 5270 

To amend the Office of National Drug Control Prevention Act of 1998 

to include new requirements for assessments and reports, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. KELLY (for himself, Mrs. CAPITO, Mrs. BLACKBURN, and Ms. CORTEZ

MASTO) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend the Office of National Drug Control Prevention 

Act of 1998 to include new requirements for assessments 

and reports, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘HIDTA Enhancement 

5 Act’’. 

6 SEC. 2. OFFICE OF NATIONAL DRUG CONTROL POLICY. 

7 The Office of National Drug Control Policy Reau8 thorization Act of 1998 (21 U.S.C. 1701 et seq.) is 

9 amended— 


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1 (1) in section 706(g)(3) (21 U.S.C. 

2 1705(g)(3))— 

3 (A) in subparagraph (C), by striking 

4 ‘‘and’’ at the end; 

5 (B) in subparagraph (D), by striking the 

6 period at the end and inserting ‘‘; and’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(E) a report describing the use of 

9 HIDTA funds to investigate organizations and 

10 individuals trafficking in fentanyl or fentanyl11 related substances, including any resulting pros12 ecution, in the prior calendar year, including— 

13 ‘‘(i) the amounts of fentanyl or 

14 fentanyl-related substances seized by a 

15 HIDTA-funded initiative in the area dur16 ing the previous year; and 

17 ‘‘(ii) law enforcement and predictive 

18 data from regional HIDTA threat assess19 ments showing patterns and trends in sub20 stance abuse, trafficking, and transpor21 tation of fentanyl and fentanyl-related sub22 stances.’’; 

23 (2) in section 707 (21 U.S.C. 1706)— 

24 (A) in subsection (l)(2)— 


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1 (i) in subparagraph (F), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (G), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(H) any limitations of the ability of a 

9 high intensity drug trafficking area to meet the 

10 purpose or goals of the area and recommenda11 tions to address any such limitations, including 

12 through resource allocation, partnerships, or a 

13 change in authority or law.’’; 

14 (B) in subsection (p)— 

15 (i) in paragraph (5), by striking 

16 ‘‘and’’ at the end; 

17 (ii) in paragraph (6), by striking the 

18 period at the end and inserting ‘‘; and’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(7) $333,000,000 for each of fiscal years 2025 

23 through 2030.’’; 

24 (C) in subsection (s)— 


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1 (i) in the matter preceding paragraph 

2 (1), by striking ‘‘$10,000,000’’ and insert3 ing ‘‘$14,224,000’’; 

4 (ii) in paragraph (2), by striking 

5 ‘‘and’’ at the end; 

6 (iii) in paragraph (3), by striking the 

7 period at the end and inserting a semi8 colon; and 

9 (iv) by adding at the end the fol10 lowing: 

11 ‘‘(4) providing assistance to Federal, State, 

12 local, and Tribal law enforcement agencies in inves13 tigations and activities related to the interdiction of 

14 fentanyl and other substances; and 

15 ‘‘(5) any additional purpose the Director deter16 mines is appropriate to enhance fentanyl prevention, 

17 seizure, and interdiction activities.’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(t) ADDITIONAL PROSECUTORIAL RESOURCES.— 

20 ‘‘(1) IN GENERAL.—The Attorney General shall 

21 make available sufficient investigative and prosecu22 tion resources as may be practicable for the pur23 poses described in this section, including temporary 

24 reassignment under subsection (b)(2) for fiscal years 

25 2024 through 2030, during which such an assistant 


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1 United States attorney shall prioritize the investiga2 tion and prosecution of organizations and individuals 

3 trafficking in fentanyl and fentanyl-related sub4 stances. Such temporary reassignment may be ex5 tended by the Attorney General for such time as 

6 may be necessary to conclude any ongoing investiga7 tion or prosecution in which the assistant United 

8 States attorney is engaged. 

9 ‘‘(2) PROCESS FOR TEMPORARY REASSIGN10 MENT.—Not later than 180 days after the date of 

11 enactment of this subsection, the Attorney General 

12 shall establish a process under which the Director, 

13 in consultation with the Executive Boards of each 

14 designated high intensity drug trafficking area, may 

15 request an assistant United States attorney to be so 

16 temporarily reassigned in accordance with this sub17 section.’’. 

Æ 


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