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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5762 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5762

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2018

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To amend the Homeland Security Act of 2002 to authorize a Joint Task 
 Force to enhance integration of the Department of Homeland Security's 
 border security operations to detect, interdict, disrupt, and prevent 
narcotics, such as fentanyl and other synthetic opioids, from entering 
               the United States, 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 ``Joint Task Force to Combat Opioid 
Trafficking Act of 2018''.

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

    Section 708 of the Homeland Security Act of 2002 (6 U.S.C. 348) is 
amended--
            (1) in subsection (b)(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.''; 
                        and
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (9) through (13) as 
                paragraphs (11) through (15), respectively; and
                    (B) by inserting after paragraph (8) the following 
                new paragraph:
            ``(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 an 
                        employee of such organization to a Joint Task 
                        Force in accordance with this paragraph.
                            ``(ii) Agreement.--The Secretary shall 
                        provide for a written agreement between the 
                        Department, the private sector organization 
                        concerned, and the employee concerned regarding 
                        the terms and conditions of the assignment of 
                        such employee under this paragraph.
                    ``(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 subsection (b)(2)(A) and any other 
        Federal, State, local, tribal, territorial, or international 
        entity or task force established for a similar purpose may 
        collaborate for the purpose of carrying out the mission of such 
        Joint Task Force.''.

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 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 
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 (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 
        section 708 of the Homeland Security Act of 2002, 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.

            Passed the House of Representatives June 19, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```