[House Report 115-755]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
2d Session } { 115-755
======================================================================
JOINT TASK FORCE TO COMBAT OPIOID TRAFFICKING ACT OF 2018
_______
June 14, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5762]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5762) 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, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Task Force to Combat Opioid
Trafficking Act of 2018''.
SEC. 2. AUTHORIZATION OF JOINT TASK FORCE TO COUNTER OPIOIDS.
Section 708 of the Homeland Security Act of 2002 (6 U.S.C. 348) is
amended--
(1) in subsection (b)(2)(A), by adding at the end the
following new clause:
``(iv) Enhancing the integration of the
Department's border security operations to
detect, interdict, disrupt, and prevent
narcotics, such as fentanyl and other synthetic
opioids, from entering the United States.'';
and
(2) in subsection (b)--
Purpose and Summary
H.R. 5762, the Joint Task Force to Combat Opioid
Trafficking Act of 2018 provides the Department of Homeland
Security (DHS) with authorization to establish a Joint Task
Force (JTF) to enhance the integration of DHS's border security
operations to detect, interdict, disrupt, and prevent
narcotics, such as fentanyl and other synthetic opioids, from
entering the United States.
Background and Need for Legislation
In 2014, the Department of Homeland Security created three
pilot Joint Task Forces (JTF) to address challenges along the
Southern Border. On December 8, 2016, Congress passed the
National Defense Authorization Act for Fiscal Year 2017 (S.
2943; Pub. L. 114-328), which established JTFs within DHS. The
JTF structure is intended to more effectively coordinate the
assets and personnel of U.S. Customs and Border Protection
(CBP), U.S. Immigrations and Customs Enforcement (ICE), U.S.
Citizenship and Immigration Services (USCIS), the U.S. Coast
Guard (USCG), and other resources of the Department.
H.R. 5762 will help DHS track and interdict synthetic
opioids, and prevent their proliferation into our communities.
In 2016, approximately 42,000 people in the United States died
due to opioid-related drug overdoses. A 2017 Centers for
Disease Control and Prevention report studied opioid overdoses
in 10 states and found that more than half of the deaths were
related to illicitly produced fentanyl. Ninety percent of
illegally produced fentanyl is manufactured in China.
JTF-O will prioritize its resources on targeting the
illicit flow of opioids across our borders. By leveraging the
JTF structure to engage all DHS components in a ``unity of
effort'' campaign, JTF-O will conduct integrated investigations
and operations with the sole intent of countering narcotics,
specifically synthetic opioids, from being trafficked into the
United States. This bill encourages DHS to collaborate with
Federal partners, such as the U.S. Postal Service, as well as
private sector entities, such as parcel carriers, to carry out
the task force's mission. The Committee believes leveraging the
resources and expertise outside of the Department can help the
JTF and DHS combat opioid trafficking more successfully.
The establishment of JTF-O, should the Secretary choose to
establish it, could help address the issue of opioid
trafficking through ports of entry, between ports of entry, and
on our waterways to bolster DHS' ability to stem the flow of
opioids entering the United States. The establishment of the
JTF-O, its ability to work with other JTFs, and the leveraging
of private sector resources and expertise could help DHS
identify gaps in its abilities, develop solutions to any
identified problems, and implement solutions across the
Department.
Hearings
No hearings were held on H.R.5762 in the 115th Congress.
Committee Consideration
The Committee met on June 6, 2018, to consider H.R. 5762,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendments were offered:
An amendment offered by Mr. Keating (#1); was AGREED TO by
unanimous consent.
Page 4, line 11, insert ``entity or'' after ``international''.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R.5762.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5762, the Joint Task Force to Combat Opioid Trafficking Act of
2018, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4911 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5762 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5762 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Joint Task Force to Combat Opioid Trafficking Act of 2018''.
Sec. 2. Authorization of Joint Task Force to Counter Opioids.
This section authorizes the Secretary of DHS to establish a
JTF-O to conduct joint operations to combat opioid trafficking
using DHS component personnel and capabilities. The purpose of
JTF-O is to enhance border security operations to detect,
interdict, disrupt, and prevent narcotics, such as fentanyl and
other synthetic opioids, from entering the United States. This
section also provides the Secretary the ability to coordinate
with the private sector and collaborate with other Federal,
State, local, tribal, territorial, or international task forces
and entities to carry out the mission of JTF-O. The Committee
believes that the Department should develop and carry out a
strategic operational plan that ensures the Department is
utilizing all components and the Department's available
resources to combat the opioid epidemic and the challenges
associated with the illicit flow of narcotics, such as fentanyl
and other synthetic opioids, across our border and into our
communities.
The Committee supports the concept of streamlined
operational command structure and has found that the Joint Task
Force framework greatly enhances the Department's ability to
integrate numerous components in carrying out a common mission
objective. The Committee believes that the establishment of
this JTF-O will help to better coordinate personnel, resources,
and tactical operations and create a whole-of-government
approach to combat the opioid epidemic.
The Committee believes that the Department's ability to
expand investigative and operational reach by leveraging
domestic and international partners is a key to combatting the
opioid epidemic.
Sec. 3. Noptification; Reporting.
This section requires the Secretary to determine the need
for a JTF to combat opioid trafficking and report such
determination to Congress within 90 days of the law's
enactment.
To ensure the success of the JTF-O, this section directs
the DHS Secretary to provide Congress with a gap analysis of
funding, personnel, technology, and other resources needed in
order to detect, interdict, disrupt, and prevent narcotics,
such as fentanyl and other synthetic opioids, from entering the
United States. Additionally, the Secretary must provide a
description of any collaboration between JTF-O and any Federal,
State, local, tribal, territorial, or international task force,
including the United States Postal Service and the United
States Postal Inspection Service.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 708. JOINT TASK FORCES.
(a) Definition.--In this section, the term ``situational
awareness'' means knowledge and unified understanding of
unlawful cross-border activity, including--
(1) threats and trends concerning illicit trafficking
and unlawful crossings;
(2) the ability to forecast future shifts in such
threats and trends;
(3) the ability to evaluate such threats and trends
at a level sufficient to create actionable plans; and
(4) the operational capability to conduct continuous
and integrated surveillance of the air, land, and
maritime borders of the United States.
(b) Joint Task Forces.--
(1) Establishment.--The Secretary may establish and
operate departmental Joint Task Forces to conduct joint
operations using personnel and capabilities of the
Department for the purposes specified in paragraph (2).
(2) Purposes.--
(A) In general.--Subject to subparagraph (B),
the purposes referred to in paragraph (1) are
or relate to the following:
(i) Securing the land and maritime
borders of the United States.
(ii) Homeland security crises.
(iii) Establishing regionally-based
operations.
(iv) Enhancing the integration of the
Department's border security operations
to detect, interdict, disrupt, and
prevent narcotics, such as fentanyl and
other synthetic opioids, from entering
the United States.
(B) Limitation.--
(i) In general.--The Secretary may
not establish a Joint Task Force for
any major disaster or emergency
declared under the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)
or an incident for which the Federal
Emergency Management Agency has primary
responsibility for management of the
response under title V of this Act,
including section 504(a)(3)(A), unless
the responsibilities of such a Joint
Task Force--
(I) do not include
operational functions related
to incident management,
including coordination of
operations; and
(II) are consistent with the
requirements of paragraphs (3)
and (4)(A) of section 503(c)
and section 509(c) of this Act,
and section 302 of the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5143).
(ii) Responsibilities and functions
not reduced.--Nothing in this section
may be construed to reduce the
responsibilities or functions of the
Federal Emergency Management Agency or
the Administrator of the Agency under
title V of this Act or any other
provision of law, including the
diversion of any asset, function, or
mission from the Agency or the
Administrator of the Agency pursuant to
section 506.
(3) Joint task force directors.--
(A) Director.--Each Joint Task Force
established and operated pursuant to paragraph
(1) shall be headed by a Director, appointed by
the President, for a term of not more than two
years. The Secretary shall submit to the
President recommendations for such appointments
after consulting with the heads of the
components of the Department with membership on
any such Joint Task Force. Any Director
appointed by the President shall be--
(i) a current senior official of the
Department with not less than one year
of significant leadership experience at
the Department; or
(ii) if no suitable candidate is
available at the Department, an
individual with--
(I) not less than one year of
significant leadership
experience in a Federal agency
since the establishment of the
Department; and
(II) a demonstrated ability
in, knowledge of, and
significant experience working
on the issues to be addressed
by any such Joint Task Force.
(B) Extension.--The Secretary may extend the
appointment of a Director of a Joint Task Force
under subparagraph (A) for not more than two
years if the Secretary determines that such an
extension is in the best interest of the
Department.
(4) Joint task force deputy directors.--For each
Joint Task Force, the Secretary shall appoint a Deputy
Director who shall be an official of a different
component or office of the Department than the Director
of such Joint Task Force.
(5) Responsibilities.--The Director of a Joint Task
Force, subject to the oversight, direction, and
guidance of the Secretary, shall--
(A) when established for the purpose referred
to in paragraph (2)(A)(i), maintain situational
awareness within the areas of responsibility of
the Joint Task Force, as determined by the
Secretary;
(B) provide operational plans and
requirements for standard operating procedures
and contingency operations within the areas of
responsibility of the Joint Task Force, as
determined by the Secretary;
(C) plan and execute joint task force
activities within the areas of responsibility
of the Joint Task Force, as determined by the
Secretary;
(D) set and accomplish strategic objectives
through integrated operational planning and
execution;
(E) exercise operational direction over
personnel and equipment from components and
offices of the Department allocated to the
Joint Task Force to accomplish the objectives
of the Joint Task Force;
(F) when established for the purpose referred
to in paragraph (2)(A)(i), establish
operational and investigative priorities within
the areas of responsibility of the Joint Task
Force, as determined by the Secretary;
(G) coordinate with foreign governments and
other Federal, State, and local agencies, as
appropriate, to carry out the mission of the
Joint Task Force; and
(H) carry out other duties and powers the
Secretary determines appropriate.
(6) Personnel and resources.--
(A) In general.--The Secretary may, upon
request of the Director of a Joint Task Force,
and giving appropriate consideration of risk to
the other primary missions of the Department,
allocate to such Joint Task Force on a
temporary basis personnel and equipment of
components and offices of the Department.
(B) Cost neutrality.--A Joint Task Force may
not require more resources than would have
otherwise been required by the Department to
carry out the duties assigned to such Joint
Task Force if such Joint Task Force had not
been established.
(C) Location of operations.--In establishing
a location of operations for a Joint Task
Force, the Secretary shall, to the extent
practicable, use existing facilities that
integrate efforts of components of the
Department and State, local, tribal, or
territorial law enforcement or military
entities.
(D) Consideration of impact.--When reviewing
requests for allocation of component personnel
and equipment under subparagraph (A), the
Secretary shall consider the impact of such
allocation on the ability of the donating
component or office to carry out the primary
missions of the Department, and in the case of
the Coast Guard, the missions specified in
section 888.
(E) Limitation.--Personnel and equipment of
the Coast Guard allocated under this paragraph
may be used only to carry out operations and
investigations related to the missions
specified in section 888.
(F) Report.--The Secretary shall, at the time
the budget of the President is submitted to
Congress for a fiscal year under section
1105(a) of title 31, United States Code, submit
to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a report on
the total funding, personnel, and other
resources that each component or office of the
Department allocated under this paragraph to
each Joint Task Force to carry out the mission
of such Joint Task Force during the fiscal year
immediately preceding each such report, and a
description of the degree to which the
resources drawn from each component or office
impact the primary mission of such component or
office.
(7) Component resource authority.--As directed by the
Secretary--
(A) each Director of a Joint Task Force shall
be provided sufficient resources from relevant
components and offices of the Department and
the authority necessary to carry out the
missions and responsibilities of such Joint
Task Force required under this section;
(B) the resources referred to in subparagraph
(A) shall be under the operational authority,
direction, and control of the Director of the
Joint Task Force to which such resources are
assigned; and
(C) the personnel and equipment of each Joint
Task Force shall remain under the
administrative direction of the head of the
component or office of the Department that
provided such personnel or equipment.
(8) Joint task force staff.--Each Joint Task Force
shall have a staff, composed of officials from relevant
components and offices of the Department, to assist the
Director of such Joint Task Force in carrying out the
mission and responsibilities of such Joint Task Force.
(9) Engagement with the private sector.--
(A) In general.--The Director of a Joint Task
Force may engage with representatives from a
private sector organization for the purpose of
carrying out the mission of such Joint Task
Force, and any such engagement shall not be
subject to the Federal Advisory Committee Act
(5 U.S.C. App.).
(B) Assistance from private sector.--
(i) In general.--Notwithstanding
subsection (b)(1), the Secretary, with
the agreement of a private sector
organization, may arrange for the
temporary assignment of an employee of
such organization to a Joint Task Force
in accordance with this paragraph.
(ii) Agreement.--The Secretary shall
provide for a written agreement between
the Department, the private sector
organization concerned, and the
employee concerned regarding the terms
and conditions of the assignment of
such employee under this paragraph.
(C) No financial liability.--Any agreement
under this paragraph shall require the private
sector organization concerned to be responsible
for all costs associated with the assignment of
an employee under this paragraph.
(D) Duration.--An assignment under this
paragraph may, at any time and for any reason,
be terminated by the Secretary or the private
sector organization concerned and shall be for
a total period of not more than two years.
(10) Collaboration with task forces outside dhs.--The
Secretary may enter into a memorandum of understanding
by which a Joint Task Force established under this
section to carry out any purpose specified in
subsection (b)(2)(A) and any other Federal, State,
local, tribal, territorial, or international entity or
task force established for a similar purpose may
collaborate for the purpose of carrying out the mission
of such Joint Task Force.
[(9)] (11) Establishment of performance metrics.--The
Secretary shall--
(A) establish outcome-based and other
appropriate performance metrics to evaluate the
effectiveness of each Joint Task Force;
(B) not later than 120 days after the date of
the enactment of this section and 120 days
after the establishment of a new Joint Task
Force, as appropriate, submit to the Committee
on Homeland Security and the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Homeland Security and Governmental Affairs and
the Committee on Commerce, Science, and
Transportation of the Senate the metrics
established under subparagraph (A).
(C) not later than January 31 of each year
beginning in 2017, submit to each committee
specified in subparagraph (B) a report that
contains the evaluation described in
subparagraph (A).
[(10)] (12) Joint duty training program.--
(A) In general.--The Secretary shall--
(i) establish a joint duty training
program in the Department for the
purposes of--
(I) enhancing coordination
within the Department; and
(II) promoting workforce
professional development; and
(ii) tailor such joint duty training
program to improve joint operations as
part of the Joint Task Forces.
(B) Elements.--The joint duty training
program established under subparagraph (A)
shall address, at a minimum, the following
topics:
(i) National security strategy.
(ii) Strategic and contingency
planning.
(iii) Command and control of
operations under joint command.
(iv) International engagement.
(v) The homeland security enterprise.
(vi) Interagency collaboration.
(vii) Leadership.
(viii) Specific subject matters
relevant to the Joint Task Force,
including matters relating to the
missions specified in section 888, to
which the joint duty training program
is assigned.
(C) Training required.--
(i) Directors and deputy directors.--
Except as provided in clauses (iii) and
(iv), an individual shall complete the
joint duty training program before
being appointed Director or Deputy
Director of a Joint Task Force.
(ii) Joint task force staff.--Each
official serving on the staff of a
Joint Task Force shall complete the
joint duty training program within the
first year of assignment to such Joint
Task Force.
(iii) Exception.--Clause (i) shall
not apply to the first Director or
Deputy Director appointed to a Joint
Task Force on or after the date of the
enactment of this section.
(iv) Waiver.--The Secretary may waive
the application of clause (i) if the
Secretary determines that such a waiver
is in the interest of homeland security
or necessary to carry out the mission
for which a Joint Task Force was
established.
[(11)] (13) Notification of joint task force
formation.--
(A) In general.--Not later than 90 days
before establishing a Joint Task Force under
this subsection, the Secretary shall submit to
the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House
of Representatives, the majority leader of the
House of Representatives, the minority leader
of the House of Representatives, and the
Committee on Homeland Security and the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a notification
regarding such establishment.
(B) Waiver authority.--The Secretary may
waive the requirement under subparagraph (A) in
the event of an emergency circumstance that
imminently threatens the protection of human
life or property.
[(12)] (14) Review.--
(A) In general.--Not later than January 31,
2018, and January 31, 2021, the Inspector
General of the Department shall submit to the
Committee on Homeland Security and the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a review of
the Joint Task Forces established under this
subsection.
(B) Contents.--The reviews required under
subparagraph (A) shall include--
(i) an assessment of the
effectiveness of the structure of each
Joint Task Force; and
(ii) recommendations for enhancements
to such structure to strengthen the
effectiveness of each Joint Task Force.
[(13)] (15) Sunset.--This section expires on
September 30, 2022.
(c) Joint Duty Assignment Program.--After establishing the
joint duty training program under subsection (b)(10), the
Secretary shall establish a joint duty assignment program
within the Department for the purposes of enhancing
coordination in the Department and promoting workforce
professional development.
* * * * * * *
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