II 

115TH CONGRESS 

2D SESSION S. 2864 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2018 

Mrs. MCCASKILL (for herself and Ms. HEITKAMP) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

A BILL 

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. 

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’’. 


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1 SEC. 2. AUTHORIZATION OF JOINT TASK FORCE TO 

2 COUNTER OPIOIDS. 

3 (a) IN GENERAL.—Section 708(b) of the Homeland 

4 Security Act of 2002 (6 U.S.C. 348(b)) is amended— 

5 (1) in paragraph (2)(A), by adding at the end 

6 the following new clause: 

7 ‘‘(iv) Enhancing the integration of the 

8 Department’s border security operations to 

9 detect, interdict, disrupt, and prevent nar10 cotics, such as fentanyl and other synthetic 

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

12 (2) by redesignating paragraphs (9) through 

13 (13) as paragraphs (11) through (15), respectively; 

14 and 

15 (3) by inserting after paragraph (8) the fol16 lowing new paragraphs: 

17 ‘‘(9) ENGAGEMENT WITH THE PRIVATE SEC18 TOR.— 

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

20 Joint Task Force may engage with representa21 tives from a private sector organization for the 

22 purpose of carrying out the mission of such 

23 Joint Task Force, and any such engagement 

24 shall not be subject to the Federal Advisory 

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


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1 ‘‘(B) ASSISTANCE FROM PRIVATE SEC2 TOR.— 

3 ‘‘(i) IN GENERAL.—Notwithstanding 

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

5 agreement of a private sector organization, 

6 may arrange for the temporary assignment 

7 of employees of the organization to the 

8 Joint Task Force in accordance with this 

9 paragraph. 

10 ‘‘(ii) APPLICATION OF ETHICS

11 RULES.—An employee of a private sector 

12 organization assigned under clause (i)— 

13 ‘‘(I) shall be deemed to be a spe14 cial government employee for purposes 

15 of Federal law, including chapter 11 

16 of title 18, United States Code, and 

17 the Ethics in Government Act of 1978 

18 (5 U.S.C. App.); and 

19 ‘‘(II) notwithstanding section 

20 202(a) of title 18, United States 

21 Code, may be assigned to the Joint 

22 Task Force for a period of not longer 

23 than 2 years. 

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 paragraph (2)(A) and 

14 any other Federal, State, local, tribal, territorial, or 

15 international task force established for a similar pur16 pose may collaborate for the purpose of carrying out 

17 the mission of such Joint Task Force.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 Section 708(c) of the Homeland Security Act of 2002 (6 

20 U.S.C. 348(c)) is amended by striking ‘‘subsection 

21 (b)(10)’’ and inserting ‘‘subsection (b)(12)’’. 

22 SEC. 3. NOTIFICATION; REPORTING. 

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

24 date of the enactment of this Act, the Secretary of Home25 land Security shall— 


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1 (1) make a determination regarding whether to 

2 establish a Joint Task Force under section 708 of 

3 the Homeland Security Act of 2002 (6 U.S.C. 348) 

4 to carry out the purpose specified in clause (iv) of 

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

6 section 2 of this Act; and 

7 (2) submit to the Committee on Homeland Se8 curity of the House and the Committee on Home9 land Security and Governmental Affairs of the Sen10 ate written notification of such determination, in11 cluding, if such determination is in the negative, in12 formation on the basis for such negative determina13 tion. 

14 (b) REPORTING.—If the Secretary of Homeland Se15 curity establishes a Joint Task Force under section 708 

16 of the Homeland Security Act of 2002 (6 U.S.C. 348) to 

17 carry out the purpose specified in clause (iv) of subsection 

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

19 Act, the Secretary shall— 

20 (1) beginning with the first report required 

21 under subsection (b)(6)(F) of such section 708, in22 clude with respect to such a Joint Task Force— 

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

24 technology, or other resources needed in order 

25 to detect, interdict, disrupt, and prevent narVerDate Sep 11 2014 22:44 May 23, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2864.IS S2864

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1 cotics, such as fentanyl and other synthetic 

2 opioids, from entering the United States; and 

3 (B) a description of collaboration pursuant 

4 to subsection (b)(10) of such section 708 (as 

5 added by section 2 of this Act) between such a 

6 Joint Task Force and any other Federal, State, 

7 local, tribal, territorial, or international task 

8 force, including the United States Postal Serv9 ice and the United States Postal Inspection 

10 Service; and 

11 (2) in each report required under subsection 

12 (b)(11)(C) of such section 708, as redesignated by 

13 section 2 of this Act, an assessment of the activities 

14 of such a Joint Task Force, including an evaluation 

15 of whether such Joint Task Force has enhanced in16 tegration of the Department’s efforts, created any 

17 unique capabilities, or otherwise enhanced oper18 ational effectiveness, coordination, or information 

19 sharing to detect, interdict, disrupt, and prevent 

20 narcotics, such as fentanyl and other synthetic 

21 opioids, from entering the United States. 

Æ 


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