[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1464 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1464
To restrict the flow of illicit drugs into the United States, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Mr. Peters (for himself and Mr. Hawley) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
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,
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. Coordination and information sharing.
Sec. 3. Danger pay for Department of Homeland Security personnel
deployed abroad.
Sec. 4. Improving training to foreign-vetted law enforcement or
national security units.
Sec. 5. Enhancing the operations of U.S. Customs and Border Protection
in foreign countries.
Sec. 6. Drug seizure data improvement.
Sec. 7. Drug performance measures.
Sec. 8. Penalties for hindering immigration, border, and customs
controls.
SEC. 2. 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. 3. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL
DEPLOYED ABROAD.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by inserting after
section 881 the following:
``SEC. 881A. DANGER PAY ALLOWANCE.
``(a) Authorization.--An employee of the Department, while
stationed in a foreign area, may be granted a danger pay allowance, not
to exceed 35 percent of the basic pay of such employee, for any period
during which such foreign area experiences a civil insurrection, a
civil war, ongoing terrorist acts, or wartime conditions that threaten
physical harm or imminent danger to the health or well-being of such
employee.
``(b) Notice.--Before granting or terminating a danger pay
allowance to any employee pursuant to subsection (a), the Secretary,
after consultation with the Secretary of State, shall notify the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives of--
``(1) the intent to make such payments and the
circumstances justifying such payments; or
``(2) the intent to terminate such payments and the
circumstances justifying such termination.''.
SEC. 4. 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. 5. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND BORDER PROTECTION
IN FOREIGN COUNTRIES.
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.--
``(A) In general.--Employees of U.S. Customs and
Border Protection and other customs officers designated
in accordance with the authorities granted to officers
and agents of Air and Marine Operations may provide the
support described in subparagraph (B) to authorities of
the government of a foreign country, including by
conducting joint operations with appropriate government
officials within the territory of such country, if an
agreement has been entered into between the Government
of the United States and the government of such country
that permits such support by such employees and
officers.
``(B) Support described.--The support described in
this subparagraph is support for--
``(i) the monitoring, locating, tracking,
and deterrence of--
``(I) illegal drugs to the United
States;
``(II) the illicit smuggling of
persons and goods into the United
States;
``(III) terrorist threats to the
United States; and
``(IV) other threats to the
security or economy of the United
States;
``(ii) emergency humanitarian efforts; and
``(iii) law enforcement capacity-building
efforts.
``(C) Payment of claims.--The Secretary may expend
funds, which have been appropriated or otherwise made
available to U.S. Customs and Border Protection for
operations and support, to pay claims for money damages
against the United States, in accordance with the first
paragraph of section 2672 of title 28, United States
Code, which arise in a foreign country in connection
with U.S. Customs and Border Protection operations in
such country.''.
SEC. 6. 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. 7. 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. 8. 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.''.
<all>