HR 9093

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IN THE HOUSE OF REPRESENTATIVES

September 30, 2022

Mr. Higgins of Louisiana (for himself, Mrs. Flores, Mrs. Miller-Meeks, Mrs. Miller of Illinois, Mr. Smith of New Jersey, Mr. Carey, and Mr. Babin) 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:

“(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 (Public Law 107-296).”.

(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 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 agreement 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 shall submit a report 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 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 where respective jurisdictions and authorities may overlap. <all>