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