Homeland Security Fentanyl Enforcement Act

Homeland Security Fentanyl Enforcement Act

This bill specifically allows Special Agents of Homeland Security Investigations to enforce the Controlled Substances Act during their normal course of duties and to the same extent as the Drug Enforcement Administration.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9093 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9093

 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 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.
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