[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4645 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 577
117th CONGRESS
  2d Session
                                S. 4645

                          [Report No. 117-221]

 To restrict the flow of illicit drugs into the United States, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2022

  Mr. Peters (for himself, Mr. Hawley, and Ms. Hassan) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                            December 5, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To restrict the flow of illicit drugs into the United States, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Enhancing 
DHS Drug Seizures Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Drug testing and detection tools.
<DELETED>Sec. 3. Coordination and information sharing.
<DELETED>Sec. 4. Danger pay for Department of Homeland Security 
                            personnel deployed abroad.
<DELETED>Sec. 5. Improving training to foreign-vetted law enforcement 
                            or national security units.
<DELETED>Sec. 6. Enhancing the operations of U.S. Customs and Border 
                            Protection in foreign countries.
<DELETED>Sec. 7. Drug seizure data improvement.
<DELETED>Sec. 8. Drug performance measures.
<DELETED>Sec. 9. Penalties for hindering immigration, border, and 
                            customs controls.
<DELETED>Sec. 10. Modification of Homeland Security Investigations' 
                            authority for aircraft seizure and 
                            forfeiture.

<DELETED>SEC. 2. DRUG TESTING AND DETECTION TOOLS.</DELETED>

<DELETED>    The Secretary of Homeland Security shall enhance the 
research and development needs and activities of the Department of 
Homeland Security related to fentanyl and other illicit drugs in 
accordance with section 309(a) of the Homeland Security Act of 2002 (6 
U.S.C. 189(a)) through coordination and communication with the National 
Laboratories (as defined in section 2 of the Energy Policy Act of 2005 
(42 U.S.C. 15801)) or other appropriate scientific research and 
development entities.</DELETED>

<DELETED>SEC. 3. COORDINATION AND INFORMATION SHARING.</DELETED>

<DELETED>    (a) Public-Private Partnerships.--</DELETED>
        <DELETED>    (1) Strategy.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of Homeland 
        Security shall develop a strategy to strengthen existing and 
        establish new public-private partnerships with shipping, 
        chemical, and pharmaceutical industries to assist with early 
        detection and interdiction of illicit drugs and precursor 
        chemicals.</DELETED>
        <DELETED>    (2) Contents.--The strategy required under 
        paragraph (1) shall contain goals and objectives for employees 
        of the Department of Homeland Security to ensure the tactics, 
        techniques, and procedures gained from the public-private 
        partnerships described in paragraph (1) are included in 
        policies, best practices, and training for the 
        Department.</DELETED>
        <DELETED>    (3) Implementation plan.--Not later than 180 days 
        after developing the strategy required under paragraph (1), the 
        Secretary of Homeland Security shall develop an implementation 
        plan for the strategy, which shall outline departmental lead 
        and support roles, responsibilities, programs, and timelines 
        for accomplishing the goals and objectives of the 
        strategy.</DELETED>
        <DELETED>    (4) Briefing.--The Secretary of Homeland Security 
        shall provide annual briefings to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        regarding the progress made in addressing the implementation 
        plan developed pursuant to paragraph (3).</DELETED>
<DELETED>    (b) Assessment of Drug Task Forces.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of Homeland 
        Security shall conduct an assessment of the counterdrug task 
        forces in which the Department of Homeland Security, including 
        components of the Department, participates in or leads, which 
        shall include--</DELETED>
                <DELETED>    (A) areas of potential overlap;</DELETED>
                <DELETED>    (B) opportunities for sharing information 
                and best practices;</DELETED>
                <DELETED>    (C) how the Department's processes for 
                ensuring accountability and transparency in its vetting 
                and oversight of partner agency task force members 
                align with best practices; and</DELETED>
                <DELETED>    (D) corrective action plans for any 
                capability limitations and deficient or negative 
                findings identified in the report for any such task 
                forces led by the Department.</DELETED>
        <DELETED>    (2) Report.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of Homeland 
        Security shall submit a report to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        that contains a summary of the results of the assessment 
        conducted pursuant to paragraph (1).</DELETED>
        <DELETED>    (3) Corrective action plan.--The Secretary of 
        Homeland Security shall--</DELETED>
                <DELETED>    (A) implement the corrective action plans 
                described in paragraph (1)(D) immediately after the 
                submission of the report pursuant to paragraph (2); 
                and</DELETED>
                <DELETED>    (B) provide annual briefings to the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate and the Committee on Homeland Security of 
                the House of Representatives regarding the progress 
                made in implementing the corrective action 
                plans.</DELETED>
<DELETED>    (c) Combination of Briefings.--The Secretary of Homeland 
Security may combine the briefings required under subsections (a)(4) 
and (b)(3).</DELETED>

<DELETED>SEC. 4. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY 
              PERSONNEL DEPLOYED ABROAD.</DELETED>

<DELETED>    Section 151 of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 5 U.S.C. 5928 note) is 
amended by inserting ``the Department of Homeland Security,'' after 
``Investigation,''.</DELETED>

<DELETED>SEC. 5. IMPROVING TRAINING TO FOREIGN-VETTED LAW ENFORCEMENT 
              OR NATIONAL SECURITY UNITS.</DELETED>

<DELETED>    The Secretary of Homeland Security, or the designee of the 
Secretary, may waive reimbursement for salary expenses of Department of 
Homeland Security for personnel providing training to foreign-vetted 
law enforcement or national security units in accordance with an 
agreement with the Department of Defense pursuant to section 1535 of 
title 31, United States Code.</DELETED>

<DELETED>SEC. 6. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND BORDER 
              PROTECTION IN FOREIGN COUNTRIES.</DELETED>

<DELETED>    (a) Operations in Foreign Countries and Support to Foreign 
Authorities.--</DELETED>
        <DELETED>    (1) In general.--The Tariff Act of 1930 (19 U.S.C. 
        1304 et seq.) is amended by inserting after section 629 the 
        following:</DELETED>

<DELETED>``SEC. 629A. OPERATIONS IN FOREIGN COUNTRIES AND SUPPORT TO 
              FOREIGN AUTHORITIES.</DELETED>

<DELETED>    ``(a) In General.--Notwithstanding any other provision of 
law, employees of U.S. Customs and Border Protection and other customs 
officers designated in accordance with section 401(i) may provide the 
support described in subsection (b) to authorities of the government of 
a foreign county, including by conducting joint operations with 
appropriate law enforcement officials within the territory of that 
country, if an arrangement has been entered into between the Government 
of the United States and the government of that country under which the 
provision of such support by U.S. Customs and Border Protection is 
permitted.</DELETED>
<DELETED>    ``(b) Support Described.--Support described in this 
subsection is air and marine support for--</DELETED>
        <DELETED>    ``(1) the detection, deterrence, interdiction, and 
        disruption of--</DELETED>
                <DELETED>    ``(A) the transit of illegal drugs into 
                the United States;</DELETED>
                <DELETED>    ``(B) the illicit traffic of persons and 
                goods into the United States;</DELETED>
                <DELETED>    ``(C) terrorist threats to the United 
                States; and</DELETED>
                <DELETED>    ``(D) other threats to the security or 
                economy of the United States;</DELETED>
        <DELETED>    ``(2) emergency humanitarian efforts; 
        and</DELETED>
        <DELETED>    ``(3) law enforcement capacity-building 
        efforts.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--Section 411(f) of the 
        Homeland Security Act of 2002 (6 U.S.C. 211(f)) is amended--
        </DELETED>
                <DELETED>    (A) by redesignating paragraph (4) as 
                paragraph (5); and</DELETED>
                <DELETED>    (B) by inserting after paragraph (3) the 
                following:</DELETED>
        <DELETED>    ``(4) Permissible activities.--Air and Marine 
        Operations may provide support to authorities of the government 
        of a foreign county, including by conducting aviation and 
        marine operations, in conjunction with appropriate government 
        officials from the United States and such foreign country in 
        accordance with section 629A of the Tariff Act of 
        1930.''.</DELETED>
<DELETED>    (b) Claims Against U.S. Customs and Border Protection for 
Actions in Foreign Countries.--The Tariff Act of 1930 (19 U.S.C. 1304 
et seq.) is further amended by inserting after section 629A, as added 
by subsection (a)(1), the following:</DELETED>

<DELETED>``SEC. 629B. PAYMENT OF CLAIMS AGAINST U.S. CUSTOMS AND BORDER 
              PROTECTION FOR ACTIONS IN FOREIGN COUNTRIES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Covered claim.--The term `covered claim' 
        means a claim against the United States--</DELETED>
                <DELETED>    ``(A) for--</DELETED>
                        <DELETED>    ``(i) damage to, or loss of, real 
                        property of a foreign country or a political 
                        subdivision or resident of a foreign country, 
                        including damage or loss incident to use and 
                        occupancy of such real property;</DELETED>
                        <DELETED>    ``(ii) damage to, or loss of, 
                        personal property of a foreign country or a 
                        political subdivision or resident of a foreign 
                        country, including property bailed to the 
                        United States; or</DELETED>
                        <DELETED>    ``(iii) personal injury to, or 
                        death of, a resident of a foreign country; 
                        and</DELETED>
                <DELETED>    ``(B) if the damage, loss, personal 
                injury, or death--</DELETED>
                        <DELETED>    ``(i) that occurred in a foreign 
                        country; and</DELETED>
                        <DELETED>    ``(ii) was caused by, or was 
                        otherwise incident to the activities of, U.S. 
                        Customs and Border Protection.</DELETED>
        <DELETED>    ``(2) Foreign country.--The term `foreign country' 
        includes any place under the jurisdiction of the United States 
        in a foreign country.</DELETED>
<DELETED>    ``(b) In General.--The Secretary of Homeland Security may 
settle and pay a covered claim in an amount that does not exceed 
$100,000 from amounts appropriated for the operating expenses of U.S. 
Customs and Border Protection.</DELETED>
<DELETED>    ``(c) Appointment of Approval Authorities.--The Secretary 
of Homeland Security, or an employee of the Department of Homeland 
Security who has been designated by the Secretary, may appoint, under 
such regulations as the Secretary may prescribe--</DELETED>
        <DELETED>    ``(1) a claims commission, composed of one or more 
        employees of the Department of Homeland Security, to settle and 
        pay covered claims that do not exceed $100,000; and</DELETED>
        <DELETED>    ``(2) an employee of the Department to act as an 
        approval authority for settlement and payment of covered claims 
        that do not exceed $10,000.</DELETED>
<DELETED>    ``(d) Payment of Claims Exceeding $100,000.--</DELETED>
        <DELETED>    ``(1) In general.--If the Secretary of Homeland 
        Security determines that a covered claim that exceeds $100,000 
        is meritorious, the Secretary may--</DELETED>
                <DELETED>    ``(A) pay the claimant $100,000; 
                and</DELETED>
                <DELETED>    ``(B) report to the Secretary of the 
                Treasury, for payment under section 1304 of title 31, 
                United States Code, the amount of the claim that--
                </DELETED>
                        <DELETED>    ``(i) exceeds $100,000; 
                        and</DELETED>
                        <DELETED>    ``(ii) the Secretary of Homeland 
                        Security determines is meritorious.</DELETED>
        <DELETED>    ``(2) Annual report.--The Secretary shall submit 
        an annual report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives that lists 
        the claims during the reporting period that exceeded $100,000, 
        including the amount of the claim paid and a description of the 
        nature of the claim. The report shall be submitted in an 
        unclassified form, but may include a classified 
        annex.</DELETED>
<DELETED>    ``(e) Limitations.--</DELETED>
        <DELETED>    ``(1) Claims considered.--The claim of an insured 
        may be considered under this section, but the claim of a 
        subrogee may not be considered under this section.</DELETED>
        <DELETED>    ``(2) Time limitation on filing of claims.--A 
        covered claim may not be filed after the date that is 2 years 
        after the occurrence of the damage, loss, personal injury, or 
        death that is the subject of the claim.</DELETED>
        <DELETED>    ``(3) Full satisfaction required.--Except as 
        provided in subsection (d), the Secretary of Homeland Security 
        may not settle or pay a covered claim unless the amount of the 
        payment is accepted by the claimant as full satisfaction for 
        the claim.''.</DELETED>

<DELETED>SEC. 7. DRUG SEIZURE DATA IMPROVEMENT.</DELETED>

<DELETED>    (a) Study.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall conduct 
a study to identify any opportunities for improving drug seizure data 
collection.</DELETED>
<DELETED>    (b) Elements.--The study required under subsection (a) 
shall--</DELETED>
        <DELETED>    (1) include a survey of the entities that use drug 
        seizure data; and</DELETED>
        <DELETED>    (2) address--</DELETED>
                <DELETED>    (A) any additional data fields or drug 
                type categories that should be added to U.S. Customs 
                and Border Protection's SEACATS, U.S. Border Patrol's 
                e3 portal, and any other systems deemed appropriate by 
                the Commissioner of U.S. Customs and Border Protection, 
                in accordance with the first recommendation in the 
                Government Accountability Office's report GAO-22-
                104725, entitled ``Border Security: CBP Could Improve 
                How It Categorizes Drug Seizure Data and Evaluates 
                Training'';</DELETED>
                <DELETED>    (B) how all the Department of Homeland 
                Security components that collect drug seizure data can 
                standardize their data collection efforts and 
                deconflict drug seizure reporting;</DELETED>
                <DELETED>    (C) how the Department of Homeland 
                Security can better identify, collect, and analyze 
                additional data on precursor chemicals, synthetic 
                drugs, novel psychoactive substances, and analogues 
                that have been seized by U.S. Customs and Border 
                Protection and U.S. Immigration and Customs 
                Enforcement; and</DELETED>
                <DELETED>    (D) how the Department of Homeland 
                Security can improve its model of anticipated drug flow 
                into the United States.</DELETED>
<DELETED>    (c) Implementation of Findings.--Following the completion 
of the study required under subsection (a)--</DELETED>
        <DELETED>    (1) the Secretary of Homeland Security, in 
        accordance with the Office of National Drug Control Policy's 
        2022 National Drug Control Strategy, shall modify Department of 
        Homeland Security drug seizure policies and training programs, 
        as appropriate, consistent with the findings of such study; 
        and</DELETED>
        <DELETED>    (2) the Commissioner of U.S. Customs and Border 
        Protection, in consultation with the Director of U.S. 
        Immigration and Customs Enforcement, shall make any necessary 
        updates to relevant systems to include the results of 
        confirmatory drug testing results.</DELETED>

<DELETED>SEC. 8. DRUG PERFORMANCE MEASURES.</DELETED>

<DELETED>     Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall develop and 
implement a Department of Homeland Security plan--</DELETED>
        <DELETED>    (1) to ensure that components of the Department 
        develop and maintain outcome-based performance measures that 
        adequately assess the success of drug interdiction; 
        and</DELETED>
        <DELETED>    (2) for how to utilize the existing drug-related 
        metrics and performance measures to achieve the missions, 
        goals, and targets of the Department, and if additional metrics 
        and measures are needed.</DELETED>

<DELETED>SEC. 9. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND 
              CUSTOMS CONTROLS.</DELETED>

<DELETED>    (a) Personnel and Structures.--Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting 
after section 274D the following:</DELETED>

<DELETED>``SECTION 274E. DESTROYING OR EVADING BORDER 
              CONTROLS.</DELETED>

<DELETED>    ``(a) Illicit Spotting.--</DELETED>
        <DELETED>    ``(1) In general.--It shall be unlawful to 
        knowingly surveil, track, monitor, or transmit the location, 
        movement, or activities of any officer or employee of a 
        Federal, State, or Tribal law enforcement agency with the 
        intent to knowingly and willfully--</DELETED>
                <DELETED>    ``(A) secure a financial gain;</DELETED>
                <DELETED>    ``(B) further the objectives of a criminal 
                organization; and</DELETED>
                <DELETED>    ``(C) violate--</DELETED>
                        <DELETED>    ``(i) section 
                        274(a)(1)(A)(i);</DELETED>
                        <DELETED>    ``(ii) the customs and trade laws 
                        of the United States (as defined in section 
                        2(4) of the Trade Facilitation and Trade 
                        Enforcement Act of 2015 (Public Law 114-
                        125));</DELETED>
                        <DELETED>    ``(iii) any other Federal law 
                        relating to transporting controlled substances, 
                        agriculture, or monetary instruments into the 
                        United States; or</DELETED>
                        <DELETED>    ``(iv) any Federal law relating to 
                        border controls measures of the United 
                        States.</DELETED>
        <DELETED>    ``(2) Penalty.--Any person who violates paragraph 
        (1) shall be fined under title 18, United States Code, 
        imprisoned for not more than 5 years, or both.</DELETED>
<DELETED>    ``(b) Destruction of United States Border Controls.--
</DELETED>
        <DELETED>    ``(1) In general.--It shall be unlawful to 
        knowingly and without lawful authorization--</DELETED>
                <DELETED>    ``(A)(i) destroy or significantly damage 
                any fence, barrier, sensor, camera, or other physical 
                or electronic device deployed by the Federal Government 
                to control an international border of, or a port of 
                entry to, the United States; or</DELETED>
                <DELETED>    ``(ii) otherwise construct, excavate, or 
                make any structure intended to defeat, circumvent or 
                evade such a fence, barrier, sensor camera, or other 
                physical or electronic device deployed by the Federal 
                Government to control an international border of, or a 
                port of entry to, the United States; and</DELETED>
                <DELETED>    ``(B) in carrying out an act described in 
                paragraph (1), have the intent to knowingly and 
                willfully--</DELETED>
                        <DELETED>    ``(i) secure a financial 
                        gain;</DELETED>
                        <DELETED>    ``(ii) further the objectives of a 
                        criminal organization; and</DELETED>
                        <DELETED>    ``(iii) violate--</DELETED>
                                <DELETED>    ``(I) section 
                                274(a)(1)(A)(i);</DELETED>
                                <DELETED>    ``(II) the customs and 
                                trade laws of the United States (as 
                                defined in section 2(4) of the Trade 
                                Facilitation and Trade Enforcement Act 
                                of 2015 (Public Law 114-
                                125));</DELETED>
                                <DELETED>    ``(III) any other Federal 
                                law relating to transporting controlled 
                                substances, agriculture, or monetary 
                                instruments into the United States; 
                                or</DELETED>
                                <DELETED>    ``(IV) any Federal law 
                                relating to border controls measures of 
                                the United States.</DELETED>
        <DELETED>    ``(2) Penalty.--Any person who violates paragraph 
        (1) shall be fined under title 18, United States Code, 
        imprisoned for not more than 5 years, or both.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
inserting after the item relating to section 274D the 
following:</DELETED>

<DELETED>``Sec. 274E. Destroying or evading border controls.''.

<DELETED>SEC. 10. MODIFICATION OF HOMELAND SECURITY INVESTIGATIONS' 
              AUTHORITY FOR AIRCRAFT SEIZURE AND FORFEITURE.</DELETED>

<DELETED>    Section 46306(d)(1) of title 49, United States Code, is 
amended by striking ``or the Commissioner of U.S. Customs and Border 
Protection'' and inserting ``, the Commissioner of U.S. Customs and 
Border Protection, or the Director of U.S. Immigration and Customs 
Enforcement.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Enhancing DHS Drug 
Seizures Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Drug testing and detection tools.
Sec. 3. Coordination and information sharing.
Sec. 4. Danger pay for Department of Homeland Security personnel 
                            deployed abroad.
Sec. 5. Improving training to foreign-vetted law enforcement or 
                            national security units.
Sec. 6. Enhancing the operations of U.S. Customs and Border Protection 
                            in foreign countries.
Sec. 7. Drug seizure data improvement.
Sec. 8. Drug performance measures.
Sec. 9. Penalties for hindering immigration, border, and customs 
                            controls.
Sec. 10. Modification of Homeland Security Investigations' authority 
                            for aircraft seizure and forfeiture.

SEC. 2. DRUG TESTING AND DETECTION TOOLS.

    (a) Coordination With National Laboratories.--The Secretary of 
Homeland Security shall enhance the research and development needs and 
activities of the Department of Homeland Security related to fentanyl 
and other illicit drugs in accordance with section 309(a) of the 
Homeland Security Act of 2002 (6 U.S.C. 189(a)) through coordination 
and communication with the National Laboratories (as defined in section 
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801) or other 
appropriate scientific research and development entities.
    (b) Research and Development to Detect Synthetic Opioids.--The 
Under Secretary for Science and Technology of the Department of 
Homeland Security, in coordination with the Commissioner of U.S. 
Customs and Border Protection and the Director of U.S. Immigration and 
Customs Enforcement, shall research, develop, test, and evaluate field 
instruments to detect and identify fentanyl and other synthetic 
opioids.
    (c) Sunset.--This section shall cease to have effect on the date 
that is 5 years after the date of the enactment of this Act.

SEC. 3. COORDINATION AND INFORMATION SHARING.

    (a) Public-private Partnerships.--
            (1) Strategy.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        develop a strategy to strengthen existing and establish new 
        public-private partnerships with shipping, chemical, and 
        pharmaceutical industries to assist with early detection and 
        interdiction of illicit drugs and precursor chemicals.
            (2) Contents.--The strategy required under paragraph (1) 
        shall contain goals and objectives for employees of the 
        Department of Homeland Security to ensure the tactics, 
        techniques, and procedures gained from the public-private 
        partnerships described in paragraph (1) are included in 
        policies, best practices, and training for the Department.
            (3) Implementation plan.--Not later than 180 days after 
        developing the strategy required under paragraph (1), the 
        Secretary of Homeland Security shall develop an implementation 
        plan for the strategy, which shall outline departmental lead 
        and support roles, responsibilities, programs, and timelines 
        for accomplishing the goals and objectives of the strategy.
            (4) Briefing.--The Secretary of Homeland Security shall 
        provide annual briefings to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives regarding the 
        progress made in addressing the implementation plan developed 
        pursuant to paragraph (3).
    (b) Assessment of Drug Task Forces.--
            (1) In general.--The Secretary of Homeland Security shall 
        conduct an assessment of the counterdrug task forces in which 
        the Department of Homeland Security, including components of 
        the Department, participates in or leads, which shall include--
                    (A) areas of potential overlap;
                    (B) opportunities for sharing information and best 
                practices;
                    (C) how the Department's processes for ensuring 
                accountability and transparency in its vetting and 
                oversight of partner agency task force members align 
                with best practices; and
                    (D) corrective action plans for any capability 
                limitations and deficient or negative findings 
                identified in the report for any such task forces led 
                by the Department.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit a report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives that contains 
        a summary of the results of the assessment conducted pursuant 
        to paragraph (1).
            (3) Corrective action plan.--The Secretary of Homeland 
        Security shall--
                    (A) implement the corrective action plans described 
                in paragraph (1)(D) immediately after the submission of 
                the report pursuant to paragraph (2); and
                    (B) provide annual briefings to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Homeland Security of the 
                House of Representatives regarding the progress made in 
                implementing the corrective action plans.
    (c) Combination of Briefings.--The Secretary of Homeland Security 
may combine the briefings required under subsections (a)(4) and (b)(3) 
and provide such combined briefings through fiscal year 2026.

SEC. 4. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL 
              DEPLOYED ABROAD.

    Section 151 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 5 U.S.C. 5928 note) is amended 
by inserting ``the Department of Homeland Security,'' after 
``Investigation,''.

SEC. 5. IMPROVING TRAINING TO FOREIGN-VETTED LAW ENFORCEMENT OR 
              NATIONAL SECURITY UNITS.

    The Secretary of Homeland Security, or the designee of the 
Secretary, may waive reimbursement for salary expenses of Department of 
Homeland Security for personnel providing training to foreign-vetted 
law enforcement or national security units in accordance with an 
agreement with the Department of Defense pursuant to section 1535 of 
title 31, United States Code.

SEC. 6. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND BORDER PROTECTION 
              IN FOREIGN COUNTRIES.

    (a) In General.--The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is 
amended by inserting after section 629 the following:

``SEC. 629A. OPERATIONS IN FOREIGN COUNTRIES AND SUPPORT TO FOREIGN 
              AUTHORITIES.

    ``(a) In General.--Employees of U.S. Customs and Border Protection 
and other customs officers designated in accordance with section 401(i) 
may provide the support described in subsection (b) to authorities of 
the government of a foreign country, including by conducting joint 
operations with appropriate law enforcement officials within the 
territory of that country, if an arrangement has been entered into 
between the Government of the United States and the government of that 
country under which the provision of such support by U.S. Customs and 
Border Protection is permitted.
    ``(b) Support Described.--Support described in this subsection is 
air and marine support for--
            ``(1) the monitoring, locating, tracking, and deterrence 
        of--
                    ``(A) illegal drugs to the United States;
                    ``(B) the illicit traffic of persons and goods into 
                the United States;
                    ``(C) terrorist threats to the United States; and
                    ``(D) other threats to the security or economy of 
                the United States;
            ``(2) emergency humanitarian efforts; and
            ``(3) law enforcement capacity-building efforts.''.
    (b) Conforming Amendment.--Section 411(f) of the Homeland Security 
Act of 2002 (6 U.S.C. 211(f)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) Permissible activities.--Air and Marine Operations 
        may provide support to authorities of the government of a 
        foreign country, including by conducting joint operations with 
        appropriate government officials within the territory of such 
        country in accordance with section 629A of the Tariff Act of 
        1930.''.

SEC. 7. DRUG SEIZURE DATA IMPROVEMENT.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall conduct a study 
to identify any opportunities for improving drug seizure data 
collection.
    (b) Elements.--The study required under subsection (a) shall--
            (1) include a survey of the entities that use drug seizure 
        data; and
            (2) address--
                    (A) any additional data fields or drug type 
                categories that should be added to U.S. Customs and 
                Border Protection's SEACATS, U.S. Border Patrol's e3 
                portal, and any other systems deemed appropriate by the 
                Commissioner of U.S. Customs and Border Protection, in 
                accordance with the first recommendation in the 
                Government Accountability Office's report GAO-22-
                104725, entitled ``Border Security: CBP Could Improve 
                How It Categorizes Drug Seizure Data and Evaluates 
                Training'';
                    (B) how all the Department of Homeland Security 
                components that collect drug seizure data can 
                standardize their data collection efforts and 
                deconflict drug seizure reporting;
                    (C) how the Department of Homeland Security can 
                better identify, collect, and analyze additional data 
                on precursor chemicals, synthetic drugs, novel 
                psychoactive substances, and analogues that have been 
                seized by U.S. Customs and Border Protection and U.S. 
                Immigration and Customs Enforcement; and
                    (D) how the Department of Homeland Security can 
                improve its model of anticipated drug flow into the 
                United States.
    (c) Implementation of Findings.--Following the completion of the 
study required under subsection (a)--
            (1) the Secretary of Homeland Security, in accordance with 
        the Office of National Drug Control Policy's 2022 National Drug 
        Control Strategy, shall modify Department of Homeland Security 
        drug seizure policies and training programs, as appropriate, 
        consistent with the findings of such study; and
            (2) the Commissioner of U.S. Customs and Border Protection, 
        in consultation with the Director of U.S. Immigration and 
        Customs Enforcement, shall make any necessary updates to 
        relevant systems to include the results of confirmatory drug 
        testing results.

SEC. 8. DRUG PERFORMANCE MEASURES.

     Not later than 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall develop and implement a 
Department of Homeland Security plan to ensure that components of the 
Department develop and maintain outcome-based performance measures that 
adequately assess the success of drug interdiction efforts and how to 
utilize the existing drug-related metrics and performance measures to 
achieve the missions, goals, and targets of the Department.

SEC. 9. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
              CONTROLS.

    (a) Personnel and Structures.--Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after 
section 274D the following:

``SECTION 274E. DESTROYING OR EVADING BORDER CONTROLS.

    ``(a) Illicit Spotting.--
            ``(1) In general.--It shall be unlawful to knowingly 
        surveil, track, monitor, or transmit the location, movement, or 
        activities of any officer or employee of a Federal, State, or 
        Tribal law enforcement agency with the intent to knowingly and 
        willfully--
                    ``(A) secure a financial gain;
                    ``(B) further the objectives of a criminal 
                organization; and
                    ``(C) violate--
                            ``(i) section 274(a)(1)(A)(i);
                            ``(ii) the customs and trade laws of the 
                        United States (as defined in section 2(4) of 
                        the Trade Facilitation and Trade Enforcement 
                        Act of 2015 (Public Law 114-125));
                            ``(iii) any other Federal law relating to 
                        transporting controlled substances, 
                        agriculture, or monetary instruments into the 
                        United States; or
                            ``(iv) any Federal law relating to border 
                        controls measures of the United States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.
    ``(b) Destruction of United States Border Controls.--
            ``(1) In general.--It shall be unlawful to knowingly and 
        without lawful authorization--
                    ``(A)(i) destroy or significantly damage any fence, 
                barrier, sensor, camera, or other physical or 
                electronic device deployed by the Federal Government to 
                control an international border of, or a port of entry 
                to, the United States; or
                    ``(ii) otherwise construct, excavate, or make any 
                structure intended to defeat, circumvent or evade such 
                a fence, barrier, sensor camera, or other physical or 
                electronic device deployed by the Federal Government to 
                control an international border of, or a port of entry 
                to, the United States; and
                    ``(B) in carrying out an act described in paragraph 
                (1), have the intent to knowingly and willfully--
                            ``(i) secure a financial gain;
                            ``(ii) further the objectives of a criminal 
                        organization; and
                            ``(iii) violate--
                                    ``(I) section 274(a)(1)(A)(i);
                                    ``(II) the customs and trade laws 
                                of the United States (as defined in 
                                section 2(4) of the Trade Facilitation 
                                and Trade Enforcement Act of 2015 
                                (Public Law 114-125));
                                    ``(III) any other Federal law 
                                relating to transporting controlled 
                                substances, agriculture, or monetary 
                                instruments into the United States; or
                                    ``(IV) any Federal law relating to 
                                border controls measures of the United 
                                States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 274D the following:

``Sec. 274E. Destroying or evading border controls.''.

SEC. 10. MODIFICATION OF HOMELAND SECURITY INVESTIGATIONS' AUTHORITY 
              FOR AIRCRAFT SEIZURE AND FORFEITURE.

    Section 46306(d)(1) of title 49, United States Code, is amended by 
striking ``or the Commissioner of U.S. Customs and Border Protection'' 
and inserting ``, the Commissioner of U.S. Customs and Border 
Protection, or the Director of U.S. Immigration and Customs 
Enforcement.''.
                                                       Calendar No. 577

117th CONGRESS

  2d Session

                                S. 4645

                          [Report No. 117-221]

_______________________________________________________________________

                                 A BILL

 To restrict the flow of illicit drugs into the United States, and for 
                            other purposes.

_______________________________________________________________________

                            December 5, 2022

                       Reported with an amendment