[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5713 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5713

 To amend the Controlled Substances Act to authorize Homeland Security 
 Investigations to perform certain drug enforcement functions, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2023

  Mr. 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 concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act to authorize Homeland Security 
 Investigations to perform certain drug enforcement functions, 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 ``Homeland Security Fentanyl 
Enforcement Act''.

SEC. 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.
                                 <all>