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 Ala-
bama, Mr. PFLUGER, Mr. GREEN of Tennessee, Mr. SESSIONS, and Mr. 
GROTHMAN) introduced the following bill; which was referred to the Com-
mittee 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to authorize Home-
land Security Investigations to perform certain drug en-
forcement functions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Homeland Security 
Fentanyl Enforcement Act’’. 
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SEC. 2. EMPOWERING HOMELAND SECURITY INVESTIGA-
TIONS TO COUNTER DRUG SMUGGLING BY 
TRANSNATIONAL CRIMINAL ORGANIZATIONS. 
(a) POWERS OF ENFORCEMENT PERSONNEL.—Sec-
tion 508 of the Controlled Substances Act (21 U.S.C. 878) 
is amended by adding at the end the following new sub-
section: 
‘‘(c) Special Agents of Homeland Security Investiga-
tions and State, Tribal, and local law enforcement officers 
designated by the Executive Associate Director for Home-
land Security Investigations pursuant to section 401(i) of 
the Tariff Act of 1930 (19 U.S.C. 1401(i)) shall have the 
powers and authorities described in subsection (a) for the 
enforcement of this Act, which shall be exercised in the 
performance of the Department of Homeland Security’s 
existing functions related to customs and criminal law en-
forcement under the Homeland Security Act of 2002. The 
authorization provided under this subsection shall termi-
nate on the date that is five years after the date of the 
enactment of this subsection.’’. 
(b) REVIEW AND REPORT ON THE DECONFLICTION 
POLICIES AND PRACTICES OF THE DRUG ENFORCEMENT 
ADMINISTRATION AND HOMELAND SECURITY INVESTIGA-
TIONS REGARDING DRUG INVESTIGATIONS.— 
(1) REVIEW.—The Comptroller General of the 
United States shall conduct a review of the 
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deconfliction policies and practices between the Drug 
Enforcement Administration and Homeland Security 
Investigations that— 
(A) determines whether there is docu-
mented reciprocity between the Drug Enforce-
ment Administration and Homeland Security 
Investigations in the policies and practices for 
deconfliction of investigations and operations 
carried out in accordance with the authorities 
set forth in the Controlled Substances Act and 
the Homeland Security Act of 2002; 
(B) determines the number, if any, of in-
vestigations or operations initiated during the 
1-year period beginning on the date of the en-
actment of this Act by Homeland Security In-
vestigations or the Drug Enforcement Adminis-
tration that did not adhere to the deconfliction 
policies and practices required under the reci-
procity referred to in subparagraph (A); and 
(C) determines the effect of the authoriza-
tion under section 508(c) of the Controlled Sub-
stances Act, as added by subsection (a), on the 
deconfliction policies and practices of the Drug 
Enforcement Administration and Homeland Se-
curity Investigations, respectively. 
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(2) REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate, the Committee on the 
Judiciary of the Senate, the Committee on Home-
land Security of the House of Representatives, and 
the Committee on the Judiciary of the House of 
Representatives a report that contains— 
(A) a detailed summary of the findings of 
the review conducted pursuant to paragraph 
(1); and 
(B) any recommendations to modernize 
deconfliction policies and procedures to ensure 
reciprocity between the Drug Enforcement Ad-
ministration and Homeland Security Investiga-
tions regarding investigative functions related 
to controlled substances, transnational criminal 
organizations, or other areas with respect to 
which respective jurisdictions and authorities 
may overlap. 
(c) ACTION.—If the Comptroller General of the 
United States determines, based on the review and report 
under subsection (b), that certain investigations or oper-
ations referred to in paragraph (1)(B) of such subsection 
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did not adhere to deconfliction policies and practices re-
quired under the reciprocity referred to paragraph (1)(A) 
of such subsection, the Secretary of Homeland Security 
and the Attorney General shall take such actions as may 
be necessary to ensure investigations and operations of the 
Drug Enforcement Administration and Homeland Secu-
rity Investigations carried out in accordance with the au-
thorities set forth in the Controlled Substances Act and 
the Homeland Security Act of 2002 so adhere to such poli-
cies and practices. In taking such actions to so ensure 
such compliance, the Secretary and Attorney General shall 
prioritize existing interagency task forces where ever pos-
sible. 
(d) RULE OF CONSTRUCTION.—Nothing in this Act 
or the amendment made by this Act may be construed as 
affecting in any way the authorities of the Drug Enforce-
ment Administration. 
Æ 
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