118 HR 5713 IH: Homeland Security Fentanyl Enforcement Act U.S. House of Representatives 2023-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5713IN THE HOUSE OF REPRESENTATIVESSeptember 26, 2023Mr. Higgins of Louisiana (for himself, Mr. McCaul, Mr. Strong, Mr. Babin, Mrs. Miller of Illinois, Mr. Ciscomani, Mr. Moore of Alabama, Mr. Pfluger, Mr. Green of Tennessee, Mr. Sessions, and Mr. Grothman) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Controlled Substances Act to authorize Homeland Security Investigations to perform certain drug enforcement functions, and for other purposes.

1.

Short title

This Act may be cited as the Homeland Security Fentanyl Enforcement Act.

2.

Empowering Homeland Security Investigations to counter drug smuggling by transnational criminal organizations

(a)

Powers of enforcement personnel

Section 508 of the Controlled Substances Act (21 U.S.C. 878) is amended by adding at the end the following new subsection:(c)Special Agents of Homeland Security Investigations and State, Tribal, and local law enforcement officers designated by the Executive Associate Director for Homeland Security Investigations pursuant to section 401(i) of the Tariff Act of 1930 (19 U.S.C. 1401(i)) shall have the powers and authorities described in subsection (a) for the enforcement of this Act, which shall be exercised in the performance of the Department of Homeland Security’s existing functions related to customs and criminal law enforcement under the Homeland Security Act of 2002. The authorization provided under this subsection shall terminate on the date that is five years after the date of the enactment of this subsection..(b)

Review and report on the deconfliction policies and practices of the Drug Enforcement Administration and Homeland Security Investigations regarding drug investigations

(1)

Review

The Comptroller General of the United States shall conduct a review of the deconfliction policies and practices between the Drug Enforcement Administration and Homeland Security Investigations that—(A)determines whether there is documented reciprocity between the Drug Enforcement Administration and Homeland Security Investigations in the policies and practices for deconfliction of investigations and operations carried out in accordance with the authorities set forth in the Controlled Substances Act and the Homeland Security Act of 2002;(B)determines the number, if any, of investigations or operations initiated during the 1-year period beginning on the date of the enactment of this Act by Homeland Security Investigations or the Drug Enforcement Administration that did not adhere to the deconfliction policies and practices required under the reciprocity referred to in subparagraph (A); and(C)determines the effect of the authorization under section 508(c) of the Controlled Substances Act, as added by subsection (a), on the deconfliction policies and practices of the Drug Enforcement Administration and Homeland Security Investigations, respectively.(2)

Report

Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on the Judiciary of the House of Representatives a report that contains—(A)a detailed summary of the findings of the review conducted pursuant to paragraph (1); and(B)any recommendations to modernize deconfliction policies and procedures to ensure reciprocity between the Drug Enforcement Administration and Homeland Security Investigations regarding investigative functions related to controlled substances, transnational criminal organizations, or other areas with respect to which respective jurisdictions and authorities may overlap.(c)

Action

If the Comptroller General of the United States determines, based on the review and report under subsection (b), that certain investigations or operations referred to in paragraph (1)(B) of such subsection did not adhere to deconfliction policies and practices required under the reciprocity referred to paragraph (1)(A) of such subsection, the Secretary of Homeland Security and the Attorney General shall take such actions as may be necessary to ensure investigations and operations of the Drug Enforcement Administration and Homeland Security Investigations carried out in accordance with the authorities set forth in the Controlled Substances Act and the Homeland Security Act of 2002 so adhere to such policies and practices. In taking such actions to so ensure such compliance, the Secretary and Attorney General shall prioritize existing interagency task forces where ever possible.(d)

Rule of construction

Nothing in this Act or the amendment made by this Act may be construed as affecting in any way the authorities of the Drug Enforcement Administration.