114 S1464 RS: Enhancing DHS Drug Seizures Act U.S. Senate 2023-05-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

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.

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.

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:

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.

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.

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.

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.

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.

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:

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.

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.

Coordination and information sharing

(a)

Public-private partnerships

(1)

Strategy

Contents

Implementation plan

Briefing

Assessment of drug task forces

(1)

In general

Report

Corrective action plan

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.

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:

881A.

Danger pay allowance

(a)

Authorization

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.

Improving training to foreign-vetted law enforcement or national security units

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

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.

Drug seizure data improvement

(a)

Study

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

Drug performance measures

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:

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.

October 3, 2023

Reported with an amendment