Joint Task Force to Combat Opioid Trafficking Act of 2018

Summary: Joint Task Force to Combat Opioid Trafficking Act of 2018 This bill amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) to establish a joint task force to enhance DHS border security operations to detect, interdict, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States. The task force may coordinate with the private sector and with other federal, state, local, tribal, territorial, or international task forces and entities.  DHS shall determine whether to establish the task force and notify Congress of its determination within 90 days. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Joint Task Force to Combat Opioid 
Trafficking Act of 2018''.

SEC. 2. AUTHORIZATION OF JOINT TASK FORCE TO COUNTER OPIOIDS.

    (a) In General.--Section 708(b) of the Homeland Security Act of 
2002 (6 U.S.C. 348(b)) is amended--
            (1) in paragraph (2)(A), by adding at the end the following 
        new clause:
                            ``(iv) Enhancing the integration of the 
                        Department's border security operations to 
                        detect, interdict, disrupt, and prevent 
                        narcotics, such as fentanyl and other synthetic 
                        opioids, from entering the United States.'';
            (2) by redesignating paragraphs (9) through (13) as 
        paragraphs (11) through (15), respectively; and
            (3) by inserting after paragraph (8) the following new 
        paragraphs:
            ``(9) Engagement with the private sector.--
                    ``(A) In general.--The Director of a Joint Task 
                Force may engage with representatives from a private 
                sector organization for the purpose of carrying out the 
                mission of such Joint Task Force, and any such 
                engagement shall not be subject to the Federal Advisory 
                Committee Act (5 U.S.C. App.).
                    ``(B) Assistance from private sector.--
                            ``(i) In general.--Notwithstanding 
                        subsection (b)(1), the Secretary, with the 
                        agreement of a private sector organization, may 
                        arrange for the temporary assignment of 
                        employees of the organization to the Joint Task 
                        Force in accordance with this paragraph.
                            ``(ii) Application of ethics rules.--An 
                        employee of a private sector organization 
                        assigned under clause (i)--
                                    ``(I) shall be deemed to be a 
                                special government employee for 
                                purposes of Federal law, including 
                                chapter 11 of title 18, United States 
                                Code, and the Ethics in Government Act 
                                of 1978 (5 U.S.C. App.); and
                                    ``(II) notwithstanding section 
                                202(a) of title 18, United States Code, 
                                may be assigned to the Joint Task Force 
                                for a period of not longer than 2 
                                years.
                    ``(C) No financial liability.--Any agreement under 
                this paragraph shall require the private sector 
                organization concerned to be responsible for all costs 
                associated with the assignment of an employee under 
                this paragraph.
                    ``(D) Duration.--An assignment under this paragraph 
                may, at any time and for any reason, be terminated by 
                the Secretary or the private sector organization 
                concerned and shall be for a total period of not more 
                than 2 years.
            ``(10) Collaboration with task forces outside dhs.--The 
        Secretary may enter into a memorandum of understanding by which 
        a Joint Task Force established under this section to carry out 
        any purpose specified in paragraph (2)(A) and any other 
        Federal, State, local, tribal, territorial, or international 
        task force established for a similar purpose may collaborate 
        for the purpose of carrying out the mission of such Joint Task 
        Force.''.
    (b) Technical and Conforming Amendment.--Section 708(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 348(c)) is amended by striking 
``subsection (b)(10)'' and inserting ``subsection (b)(12)''.

SEC. 3. NOTIFICATION; REPORTING.

    (a) Notification.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall--
            (1) make a determination regarding whether to establish a 
        Joint Task Force under section 708 of the Homeland Security Act 
        of 2002 (6 U.S.C. 348) to carry out the purpose specified in 
        clause (iv) of subsection (b)(2)(A) of such section, as added 
        by section 2 of this Act; and
            (2) submit to the Committee on Homeland Security of the 
        House and the Committee on Homeland Security and Governmental 
        Affairs of the Senate written notification of such 
        determination, including, if such determination is in the 
        negative, information on the basis for such negative 
        determination.
    (b) Reporting.--If the Secretary of Homeland Security establishes a 
Joint Task Force under section 708 of the Homeland Security Act of 2002 
(6 U.S.C. 348) to carry out the purpose specified in clause (iv) of 
subsection (b)(2)(A) of such section, as added by section 2 of this 
Act, the Secretary shall--
            (1) beginning with the first report required under 
        subsection (b)(6)(F) of such section 708, include with respect 
        to such a Joint Task Force--
                    (A) a gap analysis of funding, personnel, 
                technology, or other resources needed in order to 
                detect, interdict, disrupt, and prevent narcotics, such 
                as fentanyl and other synthetic opioids, from entering 
                the United States; and
                    (B) a description of collaboration pursuant to 
                subsection (b)(10) of such section 708 (as added by 
                section 2 of this Act) between such a Joint Task Force 
                and any other Federal, State, local, tribal, 
                territorial, or international task force, including the 
                United States Postal Service and the United States 
                Postal Inspection Service; and
            (2) in each report required under subsection (b)(11)(C) of 
        such section 708, as redesignated by section 2 of this Act, an 
        assessment of the activities of such a Joint Task Force, 
        including an evaluation of whether such Joint Task Force has 
        enhanced integration of the Department's efforts, created any 
        unique capabilities, or otherwise enhanced operational 
        effectiveness, coordination, or information sharing to detect, 
        interdict, disrupt, and prevent narcotics, such as fentanyl and 
        other synthetic opioids, from entering the United States.