[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1464 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 220
118th CONGRESS
  1st Session
                                S. 1464

                          [Report No. 118-104]

 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

                            October 3, 2023

               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. Coordination and information sharing.
<DELETED>Sec. 3. Danger pay for Department of Homeland Security 
                            personnel deployed abroad.
<DELETED>Sec. 4. Improving training to foreign-vetted law enforcement 
                            or national security units.
<DELETED>Sec. 5. Enhancing the operations of U.S. Customs and Border 
                            Protection in foreign countries.
<DELETED>Sec. 6. Drug seizure data improvement.
<DELETED>Sec. 7. Drug performance measures.
<DELETED>Sec. 8. Penalties for hindering immigration, border, and 
                            customs controls.

<DELETED>SEC. 2. 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) and provide such combined briefings through fiscal year 
2026.</DELETED>

<DELETED>SEC. 3. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY 
              PERSONNEL DEPLOYED ABROAD.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 881A. DANGER PAY ALLOWANCE.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the intent to make such payments and the 
        circumstances justifying such payments; or</DELETED>
        <DELETED>    ``(2) the intent to terminate such payments and 
        the circumstances justifying such termination.''.</DELETED>

<DELETED>SEC. 4. 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. 5. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND BORDER 
              PROTECTION IN FOREIGN COUNTRIES.</DELETED>

<DELETED>    Section 411(f) of the Homeland Security Act of 2002 (6 
U.S.C. 211(f)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (4) as paragraph 
        (5); and</DELETED>
        <DELETED>    (2) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) Permissible activities.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Support described.--The support 
                described in this subparagraph is support for--
                </DELETED>
                        <DELETED>    ``(i) the monitoring, locating, 
                        tracking, and deterrence of--</DELETED>
                                <DELETED>    ``(I) illegal drugs to the 
                                United States;</DELETED>
                                <DELETED>    ``(II) the illicit 
                                smuggling of persons and goods into the 
                                United States;</DELETED>
                                <DELETED>    ``(III) terrorist threats 
                                to the United States; and</DELETED>
                                <DELETED>    ``(IV) other threats to 
                                the security or economy of the United 
                                States;</DELETED>
                        <DELETED>    ``(ii) emergency humanitarian 
                        efforts; and</DELETED>
                        <DELETED>    ``(iii) law enforcement capacity-
                        building efforts.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 6. 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. 7. 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 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.</DELETED>

<DELETED>SEC. 8. 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.''.

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 Homeland Security and Governmental Affairs of the Senate, 
the Committee on Foreign Relations of the Senate, the Committee on 
Homeland Security of the House of Representatives, 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 
                arrangement 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.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iv), the Secretary may expend funds that 
                        have been appropriated or otherwise made 
                        available for the operating expenses of the 
                        Department 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.
                            ``(ii) Submission deadline.--A claim may be 
                        allowed under clause (i) only if it is 
                        presented not later than 2 years after it 
                        accrues.
                            ``(iii) Report.--Not later than 90 days 
                        after the date on which the expenditure 
                        authority under clause (i) expires pursuant to 
                        clause (iv), the Secretary shall submit a 
                        report to Congress that describes, for each of 
                        the payments made pursuant to clause (i)--
                                    ``(I) the foreign entity that 
                                received such payment;
                                    ``(II) the amount paid to such 
                                foreign entity;
                                    ``(III) the country in which such 
                                foreign entity resides or has its 
                                principal place of business; and
                                    ``(IV) a detailed account of the 
                                circumstances justify such payment.
                            ``(iv) Sunset.--The expenditure authority 
                        under clause (i) shall expire on the date that 
                        is 5 years after the date of the enactment of 
                        the Enhancing DHS Drug Seizures Act.''.

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) In General.--It shall be unlawful to knowingly and without 
lawful authorization--
            ``(1)(A) 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
            ``(B) 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
            ``(2) in carrying out an act described in paragraph (1), 
        have 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.
    ``(b) Penalty.--Any person who violates subsection (a) 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.''.
                                                       Calendar No. 220

118th CONGRESS

  1st Session

                                S. 1464

                          [Report No. 118-104]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 3, 2023

                       Reported with an amendment