I 

118TH CONGRESS 

1ST SESSION H. R. 5713 

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 26, 2023 

Mr. HIGGINS of Louisiana (for himself, Mr. MCCAUL, Mr. STRONG, Mr. 

BABIN, Mrs. MILLER of Illinois, Mr. CISCOMANI, Mr. MOORE of Alabama, Mr. PFLUGER, Mr. GREEN of Tennessee, Mr. SESSIONS, and Mr. 

GROTHMAN) 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. 

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 ‘‘Homeland Security 

5 Fentanyl Enforcement Act’’. 


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1 SEC. 2. EMPOWERING HOMELAND SECURITY INVESTIGA2 TIONS TO COUNTER DRUG SMUGGLING BY 

3 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 

4 (a) POWERS OF ENFORCEMENT PERSONNEL.—Sec5 tion 508 of the Controlled Substances Act (21 U.S.C. 878) 

6 is amended by adding at the end the following new sub7 section: 

8 ‘‘(c) Special Agents of Homeland Security Investiga9 tions and State, Tribal, and local law enforcement officers 

10 designated by the Executive Associate Director for Home11 land Security Investigations pursuant to section 401(i) of 

12 the Tariff Act of 1930 (19 U.S.C. 1401(i)) shall have the 

13 powers and authorities described in subsection (a) for the 

14 enforcement of this Act, which shall be exercised in the 

15 performance of the Department of Homeland Security’s 

16 existing functions related to customs and criminal law en17 forcement under the Homeland Security Act of 2002. The 

18 authorization provided under this subsection shall termi19 nate on the date that is five years after the date of the 

20 enactment of this subsection.’’. 

21 (b) REVIEW AND REPORT ON THE DECONFLICTION

22 POLICIES AND PRACTICES OF THE DRUG ENFORCEMENT

23 ADMINISTRATION AND HOMELAND SECURITY INVESTIGA24 TIONS REGARDING DRUG INVESTIGATIONS.— 

25 (1) REVIEW.—The Comptroller General of the 

26 United States shall conduct a review of the 


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•HR 5713 IH

1 deconfliction policies and practices between the Drug 

2 Enforcement Administration and Homeland Security 

3 Investigations that— 

4 (A) determines whether there is docu5 mented reciprocity between the Drug Enforce6 ment Administration and Homeland Security 

7 Investigations in the policies and practices for 

8 deconfliction of investigations and operations 

9 carried out in accordance with the authorities 

10 set forth in the Controlled Substances Act and 

11 the Homeland Security Act of 2002; 

12 (B) determines the number, if any, of in13 vestigations or operations initiated during the 

14 1-year period beginning on the date of the en15 actment of this Act by Homeland Security In16 vestigations or the Drug Enforcement Adminis17 tration that did not adhere to the deconfliction 

18 policies and practices required under the reci19 procity referred to in subparagraph (A); and 

20 (C) determines the effect of the authoriza21 tion under section 508(c) of the Controlled Sub22 stances Act, as added by subsection (a), on the 

23 deconfliction policies and practices of the Drug 

24 Enforcement Administration and Homeland Se25 curity Investigations, respectively. 


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•HR 5713 IH

1 (2) REPORT.—Not later than 18 months after 

2 the date of the enactment of this Act, the Comp3 troller General of the United States shall submit to 

4 the Committee on Homeland Security and Govern5 mental Affairs of the Senate, the Committee on the 

6 Judiciary of the Senate, the Committee on Home7 land Security of the House of Representatives, and 

8 the Committee on the Judiciary of the House of 

9 Representatives a report that contains— 

10 (A) a detailed summary of the findings of 

11 the review conducted pursuant to paragraph 

12 (1); and 

13 (B) any recommendations to modernize 

14 deconfliction policies and procedures to ensure 

15 reciprocity between the Drug Enforcement Ad16 ministration and Homeland Security Investiga17 tions regarding investigative functions related 

18 to controlled substances, transnational criminal 

19 organizations, or other areas with respect to 

20 which respective jurisdictions and authorities 

21 may overlap. 

22 (c) ACTION.—If the Comptroller General of the 

23 United States determines, based on the review and report 

24 under subsection (b), that certain investigations or oper25 ations referred to in paragraph (1)(B) of such subsection 


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•HR 5713 IH

1 did not adhere to deconfliction policies and practices re2 quired under the reciprocity referred to paragraph (1)(A) 

3 of such subsection, the Secretary of Homeland Security 

4 and the Attorney General shall take such actions as may 

5 be necessary to ensure investigations and operations of the 

6 Drug Enforcement Administration and Homeland Secu7 rity Investigations carried out in accordance with the au8 thorities set forth in the Controlled Substances Act and 

9 the Homeland Security Act of 2002 so adhere to such poli10 cies and practices. In taking such actions to so ensure 

11 such compliance, the Secretary and Attorney General shall 

12 prioritize existing interagency task forces where ever pos13 sible. 

14 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

15 or the amendment made by this Act may be construed as 

16 affecting in any way the authorities of the Drug Enforce17 ment Administration. 

Æ 


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