IIB 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Joint Task Force to 

5 Combat Opioid Trafficking Act of 2018’’. 

6 SEC. 2. AUTHORIZATION OF JOINT TASK FORCE TO 

7 COUNTER OPIOIDS. 

8 Section 708 of the Homeland Security Act of 2002 

9 (6 U.S.C. 348) is amended— 

10 (1) in subsection (b)(2)(A), by adding at the 

11 end the following new clause: 

12 ‘‘(iv) Enhancing the integration of the 

13 Department’s border security operations to 

14 detect, interdict, disrupt, and prevent nar15 cotics, such as fentanyl and other synthetic 

16 opioids, from entering the United States.’’; 

17 and 

18 (2) in subsection (b)— 

19 (A) by redesignating paragraphs (9) 

20 through (13) as paragraphs (11) through (15), 

21 respectively; and 

22 (B) by inserting after paragraph (8) the 

23 following new paragraph: 

24 ‘‘(9) ENGAGEMENT WITH THE PRIVATE SEC25 TOR.— 


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1 ‘‘(A) IN GENERAL.—The Director of a 

2 Joint Task Force may engage with representa3 tives from a private sector organization for the 

4 purpose of carrying out the mission of such 

5 Joint Task Force, and any such engagement 

6 shall not be subject to the Federal Advisory 

7 Committee Act (5 U.S.C. App.). 

8 ‘‘(B) ASSISTANCE FROM PRIVATE SEC9 TOR.— 

10 ‘‘(i) IN GENERAL.—Notwithstanding 

11 subsection (b)(1), the Secretary, with the 

12 agreement of a private sector organization, 

13 may arrange for the temporary assignment 

14 of an employee of such organization to a 

15 Joint Task Force in accordance with this 

16 paragraph. 

17 ‘‘(ii) AGREEMENT.—The Secretary 

18 shall provide for a written agreement be19 tween the Department, the private sector 

20 organization concerned, and the employee 

21 concerned regarding the terms and condi22 tions of the assignment of such employee 

23 under this paragraph. 

24 ‘‘(C) NO FINANCIAL LIABILITY.—Any 

25 agreement under this paragraph shall require 


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1 the private sector organization concerned to be 

2 responsible for all costs associated with the as3 signment of an employee under this paragraph. 

4 ‘‘(D) DURATION.—An assignment under 

5 this paragraph may, at any time and for any 

6 reason, be terminated by the Secretary or the 

7 private sector organization concerned and shall 

8 be for a total period of not more than 2 years. 

9 ‘‘(10) COLLABORATION WITH TASK FORCES

10 OUTSIDE DHS.—The Secretary may enter into a 

11 memorandum of understanding by which a Joint 

12 Task Force established under this section to carry 

13 out any purpose specified in subsection (b)(2)(A) 

14 and any other Federal, State, local, tribal, terri15 torial, or international entity or task force estab16 lished for a similar purpose may collaborate for the 

17 purpose of carrying out the mission of such Joint 

18 Task Force.’’. 

19 SEC. 3. NOTIFICATION; REPORTING. 

20 (a) NOTIFICATION.—Not later than 90 days after the 

21 date of the enactment of this Act, the Secretary of Home22 land Security shall— 

23 (1) make a determination regarding whether to 

24 establish a Joint Task Force under section 708 of 

25 the Homeland Security Act of 2002 to carry out the 


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1 purpose specified in clause (iv) of subsection 

2 (b)(2)(A) of such section, as added by section 2 of 

3 this Act; and 

4 (2) submit to the Committee on Homeland Se5 curity of the House and the Committee on Home6 land Security and Governmental Affairs of the Sen7 ate written notification of such determination, in8 cluding, if such determination is in the negative, in9 formation on the basis for such negative determina10 tion. 

11 (b) REPORTING.—If the Secretary of Homeland Se12 curity establishes a Joint Task Force under section 708 

13 of the Homeland Security Act of 2002 to carry out the 

14 purpose specified in clause (iv) of subsection (b)(2)(A) of 

15 such section, as added by section 2 of this Act, the Sec16 retary shall— 

17 (1) beginning with the first report required 

18 under subsection (b)(6)(F) of such section 708, in19 clude with respect to such a Joint Task Force— 

20 (A) a gap analysis of funding, personnel, 

21 technology, or other resources needed in order 

22 to detect, interdict, disrupt, and prevent nar23 cotics, such as fentanyl and other synthetic 

24 opioids, from entering the United States; and 


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1 (B) a description of collaboration pursuant 

2 to subsection (b)(10) of such section (as added 

3 by section 2 of this Act) between such a Joint 

4 Task Force and any other Federal, State, local, 

5 tribal, territorial, or international task force, in6 cluding the United States Postal Service and 

7 the United States Postal Inspection Service; 

8 and 

9 (2) in each report required under subsection 

10 (b)(11)(C) of section 708 of the Homeland Security 

11 Act of 2002, as redesignated by section 2 of this 

12 Act, an assessment of the activities of such a Joint 

13 Task Force, including an evaluation of whether such 

14 Joint Task Force has enhanced integration of the 

15 Department’s efforts, created any unique capabili16 ties, or otherwise enhanced operational effectiveness, 

17 coordination, or information sharing to detect, inter18 dict, disrupt, and prevent narcotics, such as fentanyl 

19 and other synthetic opioids, from entering the 

20 United States. 

Passed the House of Representatives June 19, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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