[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9598 Referred in Senate (RFS)]
<DOC>
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.
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 ``Office of National Drug Control
Policy Reauthorization Act of 2024''.
SEC. 2. OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION.
(a) 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--
(1) in section 702 (21 U.S.C. 1701)--
(A) in paragraph (2)(A)(ii), by striking
``Government Reform'' and inserting ``Accountability'';
(B) in paragraph (3)--
(i) in subparagraph (L), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (M), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(N) 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.'';
(C) by amending paragraph (7) to read as follows:;
``(7) 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.''.
(D) in paragraph (9), by striking ``drug laws'' and
inserting the following: ``drug, trade, and illicit
drug trafficking laws'';
(E) in paragraph (10), by inserting after ``demand
reduction,'' the following: ``illicit drug
trafficking,'';
(F) by redesignating paragraphs (15), (16), and
(17) as paragraphs (17), (18), and (19), respectively;
(G) by inserting after paragraph (14) the following
new paragraph:
``(15) Precursor chemical.--
``(A) In general.--The term `precursor chemical'
includes a listed chemical and an unregulated
precursor.
``(B) 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).
``(C) Unregulated precursor.--The term `unregulated
precursor'--
``(i) 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
``(ii) does not include a solvent or
reagent.
``(16) 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.'';
(H) in paragraph (19), as so redesignated--
(i) by redesignating subparagraphs (G) and
(H) as subparagraphs (H) and (I), respectively;
and
(ii) by inserting after subparagraph (F)
the following:
``(G) 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
(I) by inserting at the end the following:
``(20) 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.
``(21) Evidence.--The term `evidence' has the meaning given
that term in section 3561 of title 44, United States Code.'';
(2) in section 703(d) (21 U.S.C. 1702(d))--
(A) 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--
``(i) by a contractor (or subcontractor
thereof at any tier) for use in its performance
of a contract for the Office; or
``(ii) 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
(B) in paragraph (6), by inserting after
``paragraph (5)'' the following: ``and the registry
shall be sent to the appropriate Congressional
committees'';
(3) in section 704 (21 U.S.C. 1703)--
(A) in subsection (a)(1)(C), by striking ``shall''
and inserting ``may'';
(B) in subsection (b)--
(i) 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'';
(ii) by striking paragraph (20);
(iii) by redesignating paragraph (21) as
paragraph (20);
(iv) in paragraph (20), as so redesignated,
by striking the period at the end and inserting
``; and''; and
(v) by inserting at the end the following:
``(21) 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.'';
(C) in subsection (c)--
(i) 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'';
(ii) in paragraph (3)(C)--
(I) in clause (ii), by inserting
after ``United States'' the following:
``, including at and between the ports
of entry,'';
(II) in clause (iii), by striking
``; and'' and inserting a semicolon;
(III) in clause (iv), by striking
the period at the end and inserting ``;
and''; and
(IV) by inserting at the end the
following new clause:
``(v) requests funding for activities that
facilitate illicit drug use, but not including
overdose reversal medications, drug checking,
or testing technology.'';
(D) 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'';
(E) in subsection (i)--
(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
(ii) in paragraph (2), by striking ``2023''
and inserting ``2031''; and
(F) in subsection (k)--
(i) in the heading, by striking ``Harm
Reduction Programs'' and inserting ``Substance
Use Prevention, Harm Reduction, and Life-saving
Treatment Programs''; and
(ii) 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'';
(4) in section 705 (21 U.S.C. 1704)--
(A) in subsection (a)(3)--
(i) 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))'';
(ii) in subparagraph (B)--
(I) by inserting after ``the
preceding year'' the following: ``,
along with historical comparisons over
the prior 20 years,'';
(II) in clause (i)--
(aa) by inserting after
``seizing drugs,'' the
following: ``including
precursor chemicals,''; and
(bb) by striking ``; and''
and inserting a semicolon;
(III) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(IV) by inserting at the end the
following new clause:
``(iii) 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
(iii) in subparagraph (D)--
(I) by inserting after ``the
preceding year'' the following: ``,
along with historical comparisons over
the prior 20 years,''; and
(II) in clause (iii), by inserting
after ``seizing drugs,'' the following:
``including precursor chemicals,'';
(B) 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
(C) in subsection (f)--
(i) 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
(ii) by striking paragraph (4);
(5) in section 706 (21 U.S.C. 1705)--
(A) in subsection (c)--
(i) in paragraph (1)--
(I) by striking subparagraph (D);
(II) in subparagraph (H)--
(aa) by inserting after
``identifying existing'' the
following: ``evidence,''; and
(bb) by striking ``will
obtain such data'' and
inserting ``will ensure such
data is obtained'';
(III) in subparagraph (J)(ii), by
inserting ``evidence,'' before
``data'';
(IV) in subparagraph (L), by
inserting ``evidence'' after ``Such
other''; and
(V) in subparagraph (M)(iv), by
inserting ``storing and retrieving,''
after ``collecting,'';
(ii) in paragraph (2)--
(I) by redesignating subparagraphs
(E) and (F) as subparagraphs (G) and
(H), respectively; and
(II) by inserting after
subparagraph (D) the following new
subparagraphs:
``(E) The Administrator of the Office of
Information and Regulatory Affairs.
``(F) The Chief Data Officers Council.'';
(iii) in paragraph (3)--
(I) in subparagraph (B)(ii)--
(aa) in subclause (I), by
striking ``; and'' and
inserting a semicolon;
(bb) in subclause (II), by
striking the period at the end
and inserting ``; and''; and
(cc) by inserting at the
end the following new
subclause:
``(III) 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
(II) by adding at the end the
following new subparagraph:
``(D) Requirement for caribbean border
counternarcotics strategy.--
``(i) Purposes.--The Caribbean Border
Counternarcotics Strategy shall--
``(I) 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;
``(II) state the specific roles and
responsibilities of each relevant
National Drug Control Program agency
for implementing the strategy;
``(III) identify the specific
resources required to enable the
relevant National Drug Control Program
agencies to implement the strategy, to
the extent practicable; and
``(IV) be designed to promote, and
not hinder, legitimate trade and
travel.
``(ii) Specific content related to puerto
rico and the united states virgin islands.--The
Caribbean Border Counternarcotics Strategy
shall include--