Washington, DC: Rep. Nick LaLota (R-Suffolk County), a member of the Homeland Security Committee, released the following statement after his bipartisan bill, the Detection Equipment and Technology Evaluation to Counter the Threat of (DETECT) Fentanyl and Xylazine Act was signed into law. This legislation empowers Law Enforcement with research, information, and technologies to find and eliminate dangerous drugs infiltrating America’s communities.
“I’m incredibly proud that my bipartisan, bicameral DETECT Fentanyl and Xylazine Act has been signed into law. This legislation is a critical step in combating the devastating epidemic of illegal narcotics flooding into our country, tearing apart families and communities,” said LaLota. “This bill gives our dedicated Law Enforcement officers the tools they need to fight these deadly drugs and protect American lives. I will continue fighting for public safety and taking bold steps to prevent further tragic and unnecessary loss of life.”
This legislation initially passed the House of Representatives on September 9th, 2024. After the Senate amended the legislation, it passed the Senate on December 12th, 2024. Upon amendment, the measure was required to pass the House of Representatives again before it was sent to the President’s desk. The bill was signed into law on December 24th, 2024.
The DETECT Fentanyl and Xylazine Act will:
- Create a new statutory responsibility for the Science and Technology Directorate (S&T) at the Department of Homeland Security to carry out research, development, testing, evaluation, and cost-benefit analysis to improve the safety, effectiveness, and efficiency of drug detection equipment and reference libraries used by Federal, state, local, and tribal law enforcement agencies;
- Establish three focus areas with flexibility to adopt other focuses in the future: (1) Portable detection equipment that requires minimal handling of sample; (2) Equipment that can separate complex mixtures with low concentrations of drugs and high concentrations of cutting agents into parts to enable detection; and (3) Technologies that use AI and machine learning to predict whether a substance is a controlled substance analog (e.g., a fentanyl analog) or other new psychoactive substance not yet included in a reference library;
- Require S&T to follow the recommendations, guidelines, and best practices set out in the federal government’s Artificial Intelligence Risk Management Framework; and
- Direct S&T to look to the DEA’s State and Territory Report on Enduring and Emerging Threats in establishing priorities.
The Senate’s amendments to the legislation are as follows:
- Adds language specifying that the activities in this bill under the Department of Homeland Security's (DHS) Science and Technology Directorate must be carried out in coordination with the Drug Enforcement Administration (DEA).
- Emphasizes improving not just the equipment but also the effectiveness and efficiency of reference libraries, explicitly stating these efforts should be for accurate detection.
- Mandates the Under Secretary for Science and Technology to base research and development priorities on specific drugs identified as threats in documents like:
- The latest Homeland Threat Assessment (DHS).
- The latest State and Territory Report by the DEA.
- Includes a rule of construction to clarify that the bill does not limit current agency authorities managing drug-related equipment and reference libraries.
This legislation is endorsed by the National Association of Police Organizations, the Federal Law Enforcement Officers Association, the Sergeants Benevolent Association of the NYPD, the National Border Patrol Council, the National Treasury Employees Union, the National Narcotic Officers’ Associations’ Coalition, Shatterproof, the National HIDTA Directors Association, and the National Association of Counties.
To read the full text of this legislation, click HERE.
