Joint Task Force to Combat Opioid Trafficking Act of 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 3722 IN THE SENATE OF THE UNITED STATES OCTOBER 15, 2019 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 Depart- ment 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. VerDate Sep 11 2014 23:58 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3722.RFS H3722 kjohnson on DSK79L0C42 with BILLS 2 HR 3722 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Joint Task Force to 4 Combat Opioid Trafficking Act of 2019’’. 5 SEC. 2. AUTHORIZATION OF JOINT TASK FORCE TO 6 COUNTER OPIOIDS. 7 Subsection (b) of section 708 of the Homeland Secu- 8 rity Act of 2002 (6 U.S.C. 348) is amended— 9 (1) in paragraph (2)(A), by adding at the end 10 the following new clause: 11 ‘‘(iv) Enhancing the integration of the 12 Department’s border security operations to 13 detect, interdict, disrupt, and prevent nar- 14 cotics, such as fentanyl and other synthetic 15 opioids, from entering the United States.’’; 16 (2) by redesignating paragraphs (9) through 17 (13) as paragraphs (11) through (15), respectively; 18 and 19 (3) by inserting after paragraph (8) the fol- 20 lowing new paragraphs: 21 ‘‘(9) ENGAGEMENT WITH THE PRIVATE SEC- 22 TOR.— 23 ‘‘(A) IN GENERAL.—The Director of a 24 Joint Task Force may engage with representa- 25 VerDate Sep 11 2014 23:58 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3722.RFS H3722 kjohnson on DSK79L0C42 with BILLS 3 HR 3722 RFS tives from a private sector organization for the 1 purpose of carrying out the mission of such 2 Joint Task Force, and any such engagement 3 shall not be subject to the Federal Advisory 4 Committee Act (5 U.S.C. App.). 5 ‘‘(B) ASSISTANCE FROM PRIVATE SEC- 6 TOR.— 7 ‘‘(i) IN GENERAL.—Notwithstanding 8 subsection (b)(1), the Secretary, with the 9 agreement of a private sector organization, 10 may arrange for the temporary assignment 11 of an employee of such organization to a 12 Joint Task Force in accordance with this 13 paragraph. 14 ‘‘(ii) AGREEMENT.—The Secretary 15 shall provide for a written agreement be- 16 tween the Department, the private sector 17 organization concerned, and the employee 18 concerned regarding the terms and condi- 19 tions of the assignment of such employee 20 under this paragraph. 21 ‘‘(C) NO FINANCIAL LIABILITY.—Any 22 agreement under this paragraph shall require 23 the private sector organization concerned to be 24 VerDate Sep 11 2014 23:58 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3722.RFS H3722 kjohnson on DSK79L0C42 with BILLS 4 HR 3722 RFS responsible for all costs associated with the as- 1 signment of an employee under this paragraph. 2 ‘‘(D) DURATION.—An assignment under 3 this paragraph may, at any time and for any 4 reason, be terminated by the Secretary or the 5 private sector organization concerned and shall 6 be for a total period of not more than 2 years. 7 ‘‘(10) COLLABORATION WITH TASK FORCES 8 OUTSIDE DHS.—The Secretary may enter into a 9 memorandum of understanding by which a Joint 10 Task Force established under this section to carry 11 out any purpose specified in paragraph (2)(A) and 12 any other Federal, State, local, Tribal, territorial, or 13 international entity or task force established for a 14 similar purpose may collaborate for the purpose of 15 carrying out the mission of such Joint Task Force.’’. 16 SEC. 3. NOTIFICATION; REPORTING. 17 (a) NOTIFICATION.—Not later than 90 days after the 18 date of the enactment of this Act, the Secretary of Home- 19 land Security shall— 20 (1) make a determination regarding whether to 21 establish a Joint Task Force under section 708 of 22 the Homeland Security Act of 2002 to carry out the 23 purpose specified in clause (iv) of subsection 24 VerDate Sep 11 2014 23:58 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3722.RFS H3722 kjohnson on DSK79L0C42 with BILLS 5 HR 3722 RFS (b)(2)(A) of such section, as added by section 2 of 1 this Act; and 2 (2) submit to the Committee on Homeland Se- 3 curity of the House of Representatives and the Com- 4 mittee on Homeland Security and Governmental Af- 5 fairs of the Senate written notification of such deter- 6 mination, including, if such determination is in the 7 negative, information on the basis for such negative 8 determination. 9 (b) REPORTING.—If the Secretary of Homeland Se- 10 curity establishes a Joint Task Force under section 708 11 of the Homeland Security Act of 2002 to carry out the 12 purpose specified in clause (iv) of subsection (b)(2)(A) of 13 such section, as added by section 2 of this Act, the Sec- 14 retary shall— 15 (1) beginning with the first report required 16 under subsection (b)(6)(F) of such section 708, in- 17 clude with respect to such a Joint Task Force— 18 (A) a gap analysis of funding, personnel, 19 technology, or other resources needed in order 20 to detect, interdict, disrupt, and prevent nar- 21 cotics, such as fentanyl and other synthetic 22 opioids, from entering the United States; and 23 (B) a description of collaboration pursuant 24 to subsection (b)(10) of such section (as added 25 VerDate Sep 11 2014 23:58 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3722.RFS H3722 kjohnson on DSK79L0C42 with BILLS 6 HR 3722 RFS by section 2 of this Act) between such a Joint 1 Task Force and any other Federal, State, local, 2 Tribal, territorial, or international task force, 3 including the United States Postal Service and 4 the United States Postal Inspection Service; 5 and 6 (2) in each review required under subsection 7 (b)(11)(C) of section 708 of the Homeland Security 8 Act of 2002, as redesignated by section 2 of this 9 Act, an assessment of the activities of such a Joint 10 Task Force, including an evaluation of whether such 11 Joint Task Force has enhanced integration of the 12 Department’s efforts, created any unique capabili- 13 ties, or otherwise enhanced operational effectiveness, 14 coordination, or information sharing to detect, inter- 15 dict, disrupt, and prevent narcotics, such as fentanyl 16 and other synthetic opioids, from entering the 17 United States. 18 Passed the House of Representatives September 27, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:58 Oct 15, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3722.RFS H3722 kjohnson on DSK79L0C42 with BILLS