[Senate Report 117-221]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 577
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      117-221
_______________________________________________________________________

                                     


                    ENHANCING DHS DRUG SEIZURES ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 4645

             TO RESTRICT THE FLOW OF ILLICIT DRUGS INTO THE
                 UNITED STATES, AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                December 5, 2022.--Ordered to be printed   
                
                
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-010                   WASHINGTON : 2022
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
                    Sarah C. Pierce, Senior Counsel
               Katie A. Conley, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Jeremy H. Hayes, Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk



















                                                      Calendar No. 577
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      117-221

======================================================================



 
                    ENHANCING DHS DRUG SEIZURES ACT

                                _______
                                

                December 5, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4645]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4645), to restrict 
the flow of illicit drugs into the United States, and for other 
purposes, having considered the same reports favorably thereon 
with an amendment, in the nature of a substitute, and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  2
III. Legislative History..............................................  4
 IV. Section-by-Section Analysis of the Bill, as Reported.............  4
  V. Evaluation of Regulatory Impact..................................  7
 VI. Congressional Budget Office Cost Estimate........................  7
VII. Changes in Existing Law Made by the Bill, as Reported............  9

                         I. Purpose and Summary

    S. 4645, the Enhancing DHS Drug Seizures Act, provides the 
Department of Homeland Security (DHS, or Department) with 
additional tools to support its counterdrug mission. 
Specifically, the bill requires that DHS review and build on 
its existing partnerships and task forces to ensure the 
Department is working efficiently to disrupt and interdict the 
flow of illicit drugs, including fentanyl, from entering the 
United States. In addition, it provides tools to assist DHS 
with dismantling transnational criminal organizations, for 
example, by creating a criminal charge for individuals who 
knowingly and willfully assist such organizations. The bill 
also enhances DHS's drug detection tools by supporting research 
and development to test for fentanyl and other illicit drugs. 
Finally, the bill requires DHS to improve its drug seizure data 
and performance measures so that it has better information for 
drug targeting and intelligence.

              II. Background and Need for the Legislation

    Drug overdose deaths in the United States have increased in 
recent years with an estimated 107,622 overdose deaths 
occurring in 2021, according to the Centers for Disease Control 
and Prevention.\1\ The epidemic has been exacerbated by the 
increase of synthetic opioids--including illicitly manufactured 
fentanyl--which have been involved in the majority of overdose 
deaths in recent years.\2\
---------------------------------------------------------------------------
    \1\Centers for Disease Control and Prevention: U.S. Overdose Deaths 
In 2021 Increased Half as Much as in 2020--But Are Still Up 15% (May 
11, 2022) (https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2022/
202205.htm).
    \2\Id.
---------------------------------------------------------------------------
    DHS plays a critical role in preventing illicit drugs from 
entering the United States. Specifically, DHS's U.S. Customs 
and Border Protection (CBP) is responsible for safeguarding the 
borders of the United States from illicit activity--such as 
drug smuggling--while facilitating legitimate trade and 
travel.\3\ In recent years the number of CBP drug seizures has 
increased, which includes an increase in fentanyl seizures.\4\ 
According to a May 2022 testimony before Congress from CBP's 
Office of Field Operations (OFO) Executive Assistant 
Commissioner, while fentanyl is the most commonly seized 
illicit synthetic opioid, CBP has also seized 50 synthetic 
opioids not classified as fentanyl, demonstrating a trend of 
new and emerging drugs.\5\ CBP officers serve as the first line 
of defense to interdict illicit opioids and emerging drugs from 
entering the United States while DHS and CBP laboratories help 
to identify the drugs, analyze emerging trends, and communicate 
potential threats to federal, state, and local partners.\6\
---------------------------------------------------------------------------
    \3\U.S. Customs and Border Protection, Home Page (https://
www.cbp.gov/about) (accessed Aug. 17, 2022).
    \4\Government Accountability Office, Border Security: CBP Could 
Improve How It Categorizes Drug Seizure Data and Evaluates Training 
(GAO-22-104725) (May 2022) and Government Accountability Office, 
Synthetic Opioids: Considerations for the Class-Wide Scheduling of 
Fentanyl-Related Substances (GAO-21-499) (Apr. 2021).
    \5\U.S. House of Representatives Committee on Homeland Security, 
Subcommittee on Border Security, Facilitation and Operations, Testimony 
Submitted for the Record of Pete Flores, Executive Assistant 
Commissioner, Office of Field Operations, U.S. Customs and Border 
Protection, Department of Homeland Security, Hearing on Examining DHS's 
Efforts to Combat the Opioid Epidemic, 117th Cong. (May 18, 2022).
    \6\Id.
---------------------------------------------------------------------------
    CBP's U.S. Border Patrol and Air and Marine Operations 
(AMO) also have a significant role in preventing drugs from 
crossing U.S. borders. While Border Patrol is responsible for 
securing the U.S. borders between ports of entry from 
activities such as drug smuggling, AMO is responsible for 
securing U.S. borders between ports of entry in the air and 
maritime domains.\7\ AMO also works with foreign government 
partners to conduct joint operations to disrupt and dismantle 
drug smuggling operations before they reach the U.S.\8\
---------------------------------------------------------------------------
    \7\Government Accountability Office, Border Security: CBP Could 
Improve How It Categorizes Drug Seizure Data and Evaluates Training 
(GAO-22-104725) (May 2022) and U.S. Customs and Border Protection, Air 
and Sea Missions (www.cbp.gov/border-security/air-sea/missions) 
(accessed Aug. 18, 2022).
    \8\U.S. Customs and Border Protection, Air and Sea Missions 
(www.cbp.gov/border-security/air-sea/missions) (accessed Aug. 18, 
2022).
---------------------------------------------------------------------------
    U.S. Immigration and Customs Enforcement (ICE) Homeland 
Security Investigations (HSI) is the principal DHS component 
for investigating transnational crime, including drug 
smuggling. HSI conducts federal criminal investigations at 
every stage of the illicit drug supply chain--internationally, 
at U.S. borders and ports of entry, and within the interior of 
the U.S.\9\ According to a May 2022 testimony from HSI's 
Assistant Director, Mexican drug cartels serve as the primary 
source of drugs--in particular illicit fentanyl and 
methamphetamine--that enter the U.S. Cartels manufacture the 
drugs using precursor chemicals sourced from China and other 
countries. As part of its investigations, HSI targets cartels' 
precursor supply chains to help prevent the manufacture of 
illicit drugs before they are smuggled to the U.S.\10\
---------------------------------------------------------------------------
    \9\U.S. House of Representatives Committee on Homeland Security, 
Subcommittee on Border Security, Facilitation and Operations, Testimony 
Submitted for the Record of Steven W. Cagan, Assistant Director, 
Homeland Security Investigations, U.S. Immigrations and Customs 
Enforcement, Department of Homeland Security, Hearing on Examining 
DHS's Efforts to Combat the Opioid Epidemic, 117th Cong. (May 18, 
2022).
    \10\Id.
---------------------------------------------------------------------------
    S. 4645 improves DHS's ability to carry out its counterdrug 
mission. Specifically, it requires DHS to enhance drug 
detection tools by supporting research and development to 
improve testing for fentanyl and other illicit drugs. It also 
requires DHS to develop a strategy and implementation plan to 
strengthen public-private partnerships with shipping, chemical, 
and pharmaceutical industries to assist with early detection 
and interdiction of illicit drugs and precursor chemicals. The 
bill directs DHS to assess its participation in the various 
counterdrug task forces in which it either leads or 
participates, including identifying areas of potential overlap 
and, if needed, developing a corrective action plan to address 
any deficiencies identified in the assessment. It authorizes 
DHS to provide danger pay to its personnel deployed abroad, to 
include those who are working to dismantle transnational 
criminal organizations that smuggle drugs.\11\ The bill also 
eliminates the requirement for the Department of Defense to 
reimburse DHS for training provided to foreign vetted law 
enforcement officials, eliminating obstacles that DHS currently 
faces when providing training, including drug interdiction 
training, to foreign law enforcement partners. Finally, it 
authorizes AMO to cooperate with authorities in foreign 
territorial seas and air space with the consent of the country. 
With this authority, AMO may provide air and marine support to 
international partners to help identify and interdict drug 
smuggling in the host country or surrounding drug transit 
zones.
---------------------------------------------------------------------------
    \11\An employee serving in a foreign area may be granted danger pay 
on the basis of, among other things, civil war, terrorism, or 
conditions which threaten physical harm or danger to the employee. With 
some exceptions, danger pay may not exceed 35 percent of the employee's 
basic pay. (See Foreign Relations Authorization Act, Fiscal Years 1990 
and 1991, Pub. L. 101-246); (Also see 5 U.S.C. 5928 note).
---------------------------------------------------------------------------
    S. 4645 requires DHS to conduct a study on drug seizure 
data to improve information it uses for targeting and 
intelligence activities and enhance modeling of drug flow into 
the U.S. It also requires DHS to develop and implement a plan 
to improve its drug-related performance measures. Finally, the 
bill provides additional tools to assist DHS with dismantling 
transnational criminal organizations. The bill enables criminal 
prosecution of individuals who, for financial gain and to 
further a criminal organization, knowingly and willfully 
surveil, track, monitor, or transmit information about the 
location and movement of federal, state, or tribal law 
enforcement officials or those who destroy border technology, 
such as sensors and cameras. It also grants ICE HSI seizure and 
forfeiture authorities for aircraft used by transnational 
criminal organizations to smuggle drugs.

                        III. Legislative History

    Senator Gary C. Peters (D-MI) introduced S. 4645, the 
Enhancing DHS Drug Seizures Act, on July 27, 2022, along with 
Senator Josh Hawley (R-MO).
    The bill was referred to the Committee on Homeland Security 
and Governmental Affairs. The Committee considered S. 4645 at a 
business meeting on August 3, 2022. During the business 
meeting, a substitute amendment was offered by Senator Peters 
that made technical edits and added a sunset clause to required 
briefings. Senator Margaret Hassan (D-NH) offered an amendment 
that required the DHS Under Secretary for Science and 
Technology to further research and develop tools to test and 
detect fentanyl and other synthetic opioids. Senator Rob 
Portman (R-OH) offered an amendment to remove the permanent 
authority for CBP to pay claims that could arise from air and 
marine missions during overseas operations. The Peters 
Substitute Amendment, the Hassan Amendment, and the Portman 
Amendment were adopted by voice vote en bloc with Senators 
Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Lankford, 
Romney, Scott, and Hawley present.
    The Committee ordered the bill, as amended, reported 
favorably by voice vote en bloc with Senators Peters, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Lankford, Romney, Scott, and 
Hawley present.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title; Table of Contents

    This section designates the name of the bill as the 
``Enhancing DHS Drug Seizures Act'' and provides a table of 
contents.

Section 2. Drug testing and detection tools

    Subsection (a) directs the Secretary of Homeland Security 
to enhance coordination with the Department of Energy's 
National Laboratories to support DHS's research and development 
needs related to testing for fentanyl and other illicit drugs.
    Subsection (b) directs the DHS Under Secretary for Science 
and Technology, in coordination with the Commissioner of CBP 
and the Director of ICE, to research and develop tools to test 
for fentanyl and other synthetic opioids.
    Subsection (c) sets a sunset of five years after the bill 
is enacted for subsections (a) and (b).

Section 3. Coordination and information sharing

    Subsection (a) requires the Secretary of Homeland Security 
to develop a strategy and implementation plan to strengthen 
public-private partnerships with shipping, chemical, and 
pharmaceutical industries within 180 days of the enactment of 
the bill. It requires that the strategy contain goals and 
objectives to ensure that the practices learned from the 
public-private partnerships are included in DHS policies, best 
practices, and training. It also requires the Secretary to 
develop an implementation plan for the strategy no later than 
180 days after completing the strategy described above. The 
implementation plan is to contain roles, responsibilities, and 
timelines for accomplishing the goals and objectives outlined 
in the strategy. The Secretary is required to 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 on the 
progress made in executing the implementation plan.
    Subsection (b) requires the Secretary to assess the various 
counterdrug task forces in which DHS either leads or 
participates, including areas of potential overlap, best 
practices, processes for ensuring accountability for the 
oversight of partner agency task force members, and corrective 
action plans for any identified deficiencies. It also requires 
that the Secretary provide 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 within 180 days of enactment of the bill. The 
subsection also requires the Secretary to implement the 
corrective action plans and provide annual briefings to the 
committees.
    Subsection (c) states that the Secretary may combine the 
annual briefing requirements in subsections (a) and (b) to the 
Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives and that the briefings are required through 
fiscal year 2026.

Section 4. Danger pay for Department of Homeland Security personnel 
        deployed abroad

    This section adds DHS as one of the agencies authorized to 
provide danger pay to security personnel deployed abroad.

Section 5. Improving training to foreign-vetted law enforcement or 
        national security units

    This section authorizes the Secretary of Homeland Security 
or their designee to waive reimbursement for salary expenses 
for DHS personnel providing training to foreign-vetted law 
enforcement or national security units in accordance with an 
agreement with the Department of Defense.

Section 6. Enhancing the operations of U.S. Customs and Border 
        Protection in foreign countries

    Subsection (a) authorizes CBP employees, or other 
designated customs officers, to provide the support described 
in subsection (b) below to foreign government authorities 
within the territory of the foreign country on the condition 
that the United States has an arrangement with that foreign 
country for which CBP support is permitted. Support includes 
air and marine operations related to drug transit, trafficking 
of people and goods, terrorist threats, security or economic 
threats, emergency humanitarian efforts, and law enforcement 
capacity building.
    Subsection (b) authorizes AMO to provide support to foreign 
government authorities by conducting joint operations with 
government officials within the territory of that foreign 
country.

Section 7. Drug seizure data improvement

    Subsection (a) requires the Secretary of Homeland Security 
to conduct a study to determine if there are opportunities to 
improve the Department's drug seizure data collection within 
180 days of enactment of this bill.
    Subsection (b) requires that the study include a survey of 
the entities that use drug seizure data; any additional data 
fields or drug types need to be added to CBP's data systems in 
accordance with a U.S. Government Accountability Office 
recommendation; how DHS components can standardize drug seizure 
data collection and deconflict reporting; how DHS can better 
collect and analyze additional data on precursor chemicals, 
synthetic drugs, novel psychoactive substances, and analogues; 
and how DHS can improve its estimation model of drug flow into 
the United States.
    Subsection (c) requires that, following the completion of 
the study, the Secretary of Homeland Security, in accordance 
with the Office of National Drug Control Policy's 2022 National 
Drug Control Strategy, modify DHS drug seizure policies and 
trainings consistent with the findings in the study. In 
addition, this subsection requires that the Commissioner of 
CBP, in consultation with the Director of ICE, update its 
systems to include the results of confirmatory drug testing.

Section 8. Drug performance measures

    This section requires that the Secretary of Homeland 
Security, within 180 days of the enactment of this bill, 
develop and implement a DHS plan for outcome-based drug 
interdiction performance measures and utilize existing drug-
related metrics and performance measures to achieve 
Departmental missions, goals, and targets.

Section 9. Penalties for hindering immigration, border, and customs 
        controls

    This section creates a criminal charge for illicit spotting 
(defined as those who knowingly and willfully surveil, track, 
monitor, or transmit information about the location and 
movement of federal, state, or tribal law enforcement 
officials) and a charge for the destruction of United States 
border controls (defined as the destruction or significant 
damage to border technology, such as sensors and cameras, 
barriers, or other devices used by the federal government to 
control the borders of the United States). To qualify as 
illicit spotting or destruction of U.S. border controls the 
relevant actions must be executed with the intent to secure 
financial gain, to further a criminal organization, and violate 
customs and trade laws or border controls. The section 
specifies that penalties for the charges can be a fine, 
imprisonment up to five years, or both.

Section 10. Modification of Homeland Security Investigations' authority 
        for aircraft seizure and forfeiture

    This section adds ICE to the current list of agencies 
authorized to seize and forfeit aircraft.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED

    The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                  ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Increases
                                                               Direct                 Spending Subject   Pay-As-You-   On-Budget
   Bill        Title        Status      Last      Budget     Spending,    Revenues,          to              Go         Deficits    Mandates    Contact
  Number                               Action    Function    2023-2032    2023-2032    Appropriation,    Procedures    Beginning
                                                                                          2023-2027        Apply?       in 2033?
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4645    Enhancing DHS  Ordered     08/03/22  750         Between      Between      Not estimated     Yes           No           No          Jeremy
            Drug           reported                          zero and     zero and                                                              Crimm
            Seizures Act                                     $500,000     $500,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4645 would establish policies at the Department of Homeland Security (DHS) to help restrict the flow of illicit drugs into the United States.
  Specifically, it would authorize a danger-pay allowance for certain DHS employees deployed abroad. The bill also would create new criminal penalties
  for hindering immigration or border controls. Finally, the bill would authorize DHS to waive reimbursement from foreign governments for providing
  training to law enforcement personnel and impose various reporting requirements. CBO estimates that enacting S. 4645 would increase direct spending
  and revenues by an insignificant amount over the 2023-2032 period. CBO has not estimated the discretionary costs of implementing the bill. The bill
  contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart D--Pay and Allowances

           *       *       *       *       *       *       *


CHAPTER 59--ALLOWANCES

           *       *       *       *       *       *       *



Subchapter III--Overseas Differentials and Allowances

           *       *       *       *       *       *       *



SEC. 5928. DANGER PAY ALLOWANCE.

           *       *       *       *       *       *       *


                Statutory Notes and Related Subsidiaries


Effective Date

           *       *       *       *       *       *       *



               Danger Pay Allowance; DEA or FBI Employee

Pub. L. 101-246, title I, Sec. 151, Feb. 16, 1990, 104 Stat. 
42, as amended by Pub. L. 107-273, div. C, title I, Sec. 11005, 
Nov. 2, 2002, 116 Stat. 1817; Pub. L. 116-260, div. B, title 
II, Sec. 221, Dec. 27, 2020, 134 Stat. 1266, provided that: 
``The Secretary of State may not deny a request by the Drug 
Enforcement Administration, the Federal Bureau of 
Investigation, Department of Homeland Security, or the United 
States Marshals Service to authorize a danger pay allowance 
(under section 5928 of title 5, United States Code) for any 
employee of such agency.''

           *       *       *       *       *       *       *


TITLE 49--TRANSPORTATION

           *       *       *       *       *       *       *


Subtitle VII--Aviation Programs

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


Subpart IV--Enforcement and Penalties

           *       *       *       *       *       *       *


CHAPTER 463--PENALTIES

           *       *       *       *       *       *       *



SEC. 46306. REGISTRATION VIOLATIONS INVOLVING AIRCRAFT NOT PROVIDING 
                    AIR TRANSPORTATION.

    (a) * * *
    (b) * * *
    (c) * * *
    (d) Seizure and Forfeiture.--(1) The Administrator of Drug 
Enforcement [or the Commissioner of U.S. Customs and Border 
Protection], the Commissioner of U.S. Customs and Border 
Protection, or the Director of U.S. Immigration and Customs 
Enforcement may seize and forfeit under the customs laws an 
aircraft whose use is related to a violation of subsection (b) 
of this section, or to aid or facilitate a violation, 
regardless of whether a person is charged with the violation.

           *       *       *       *       *       *       *


TARIFF ACT OF 1930

           *       *       *       *       *       *       *


TITLE IV--ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *


PART V--ENFORCEMENT PROVISIONS

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *


TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


Subtitle B--U.S. Customs and Border Protection

           *       *       *       *       *       *       *


SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; 
                    COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL 
                    OFFICES.

           *       *       *       *       *       *       *


    (f) Air and Marine Operations.--
      (1) * * *
          (2) * * *
          (3) * * *
          (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.
          [(4)] (5) Air and marine operations center.--

           *       *       *       *       *       *       *


                    IMMIGRATION AND NATIONALITY ACT

                            TABLE OF CONTENTS

     * * * * * * *

                          Title II--Immigration

     * * * * * * *

                  Chapter 8--General Penalty Provisions

Sec. 271. * * *
Sec. 274E. Destroying or evading border controls.
     * * * * * * *

TITLE II--IMMIGRATION

           *       *       *       *       *       *       *


CHAPTER 8--GENERAL PENALTY PROVISIONS

           *       *       *       *       *       *       *



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.

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