[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5748-S5749]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6225. Mr. KELLY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy,

[[Page S5749]]

to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title X, add the following:

     SECTION 1052. SECURING AMERICA'S BORDERS AGAINST FENTANYL.

       (a) Short Title.--This section may be cited as the 
     ``Securing America's Borders Against Fentanyl Act''.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (c) Reports, Evaluations, and Research Regarding Drug 
     Interdiction at and Between Ports of Entry.--
       (1) Research on additional technologies to detect 
     fentanyl.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the Centers for Disease Control and Prevention, the Drug 
     Enforcement Administration, the Food and Drug Administration, 
     the Defense Advanced Research Projects Agency, the 
     Intelligence Advanced Research Projects Activity, and any 
     other Federal agency that the Secretary deems appropriate, 
     shall research additional technological solutions--
       (i) to target and detect illicit fentanyl and its 
     precursors, including low-purity fentanyl, especially in 
     counterfeit pressed tablets, and illicit pill press molds;
       (ii) to enhance targeting of counterfeit pills through 
     nonintrusive, noninvasive, and other visual screening 
     technologies; and
       (iii) to enhance data-driven targeting to increase 
     interdiction and seizure rates of fentanyl, its precursors, 
     and illicit pill press molds.
       (B) Authorization of appropriations.--There is authorized 
     to be appropriated to the Department $20,000,000 for each of 
     the fiscal years 2023 through 2027 to carry out this 
     paragraph.
       (2) Evaluation of current technologies and strategies in 
     illicit drug interdiction and procurement decisions.--
       (A) Establishment of data collection program.--
       (i) In general.--The Secretary, in consultation with the 
     Administrator of the Drug Enforcement Administration, the 
     Director of the Federal Bureau of Investigation, the Director 
     of the Centers for Disease Control and Prevention, the 
     Commissioner of Food and Drugs, and the Postmaster General, 
     shall establish a program to collect available data and 
     develop metrics to measure the effectiveness of technologies 
     and strategies used by the Department (including U.S. Customs 
     and Border Protection) and other relevant Federal agencies 
     for detecting, deterring, or addressing illicit fentanyl and 
     its precursors being trafficking into the United States at 
     and between land, air, and sea ports of entry.
       (ii) Considerations.--The data and metrics program 
     established pursuant to clause (i) may consider--

       (I) the rate of detection of fentanyl at random secondary 
     inspections at such ports of entry;
       (II) investigations and intelligence sharing into the 
     origins of illicit fentanyl later detected within the United 
     States; and
       (III) other data or metrics that the Secretary considers 
     appropriate.

       (iii) Updates.--The Secretary, as appropriate and in the 
     coordination with the officials referred to in clause (i), 
     may update the data and metrics program established pursuant 
     to clause (i).
       (B) Reports.--
       (i) Department of homeland security.--Not later than 1 year 
     after the date of the enactment of this Act and biennially 
     thereafter, the Secretary, in consultation with the 
     Administrator of the Drug Enforcement Administration, the 
     Director of the Federal Bureau of Investigation, the Director 
     of the Centers for Disease Control and Prevention, the 
     Commissioner of Food and Drugs, and the Postmaster General 
     shall, based on the data collected and metrics developed 
     under the program established pursuant to subparagraph (A), 
     submit a report to the appropriate congressional committees 
     that--

       (I) examines and analyzes current technologies deployed at 
     land, air, and sea ports of entry, including pilot 
     technologies, to assess how well and accurately such 
     technologies detect, deter, interdict, and address fentanyl 
     and its precursors;
       (II) examines and analyzes current technologies deployed 
     between land ports of entry, including pilot technologies and 
     technologies used to inspect international mail and express 
     cargo, to assess how well and accurately such technologies 
     detect, deter, interdict, and address fentanyl and its 
     precursors;
       (III) contains a cost-benefit analysis of technologies used 
     in drug interdiction; and
       (IV) describes how such analysis may be used when making 
     procurement decisions relating to such technologies.

       (ii) Government accountability office.--Not later than 1 
     year after the submission of each report required under 
     clause (i), the Comptroller General of the United States 
     shall submit a report to the appropriate congressional 
     committees that evaluates and, as appropriate, makes 
     recommendations to improve, the data collected and metrics 
     used in each such report.
       (d) Office of National Drug Control Policy Performance 
     Measurement System Supplemental Strategies.--Section 706(h) 
     of the Office of National Drug Control Policy Reauthorization 
     Act of 1998 (21 U.S.C. 1705(h)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) develops performance measures and targets for the 
     National Drug Control Strategy for supplemental strategies 
     (including the Southwest Border, Northern Border, and 
     Caribbean Border Counternarcotics Strategies)--
       ``(A) to effectively evaluate region-specific goals, to the 
     extent the performance measurement system does not adequately 
     measure the effectiveness of the strategies, as determined by 
     the Director; and
       ``(B) may evaluate interdiction efforts at and between 
     ports of entry, interdiction technology, intelligence 
     sharing, diplomacy, and other appropriate metrics, specific 
     to each supplemental strategies region, as determined by the 
     Director.''.
                                 ______