[Senate Report 118-104]
[From the U.S. Government Publishing Office]
Calendar No. 220
118th Congress } { Report
SENATE
1st Session } { 118-104
_______________________________________________________________________
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. 1464
TO RESTRICT THE FLOW OF ILLICIT DRUGS
INTO THE UNITED STATES, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 3, 2023.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2023
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
ALEX PADILLA, California RICK SCOTT, Florida
JON OSSOFF, Georgia JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Kendal B. Tigner, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 220
118th Congress } { Report
SENATE
1st Session } { 118-104
======================================================================
ENHANCING DHS DRUG SEIZURES ACT
_______
October 3, 2023.--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. 1464]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1464) 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. 1464, the Enhancing DHS Drug Seizures Act, provides the
Department of Homeland Security (DHS) 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
improves DHS's ability to carry out its mission to dismantle
transnational criminal organizations (TCOs) in foreign
countries by authorizing danger pay for those working in
dangerous locations and enhances U.S. Customs and Border
Protection's (CBP) Air and Marine Operations (AMO) ability to
carry out operations in partnership with foreign countries. It
also creates a criminal charge for the destruction of border
controls to improve the ability to dismantle TCOs domestically.
The bill requires DHS to improve its drug seizure data and
performance measures so that it has better information for drug
targeting and intelligence collection.\1\
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\1\On August 3, 2022, the Committee approved S. 4645, the Enhancing
DHS Drug Seizures Act. That bill is substantially similar to S. 1464.
Accordingly, this committee report is, in many respects, similar to the
committee report for S. 4645. See S. Rept. 117-221.
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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.\2\ The increase of synthetic opioids, including
illicitly manufactured fentanyl, has significantly exacerbated
the epidemic, contributing to the majority of overdose deaths
in recent years.\3\
---------------------------------------------------------------------------
\2\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) (www.cdc.gov/nchs/pressroom/nchs_press_releases/2022/
202205.htm).
\3\Id.
---------------------------------------------------------------------------
DHS plays a critical role in preventing illicit drugs from
entering the United States. Specifically, DHS's CBP is
responsible for safeguarding the borders of the United States
from illicit activity, such as drug smuggling, while
facilitating legitimate trade and travel.\4\ In recent years
the number of CBP drug seizures has increased, which includes a
rise in fentanyl seizures.\5\ According to testimony given
before Congress in May 2022 by 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.\6\ 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.\7\
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\4\U.S. Customs and Border Protection, Home Page (www.cbp.gov/
about) (accessed Aug. 17, 2022).
\5\Government Accountability Office, Border Security: CBP Could
Improve How It Categorizes Drug Seizure Data and Evaluates Training
(GAO-22-104725) (May 2022); Government Accountability Office, Synthetic
Opioids: Considerations for the Class-Wide Scheduling of Fentanyl-
Related Substances (GAO-21-499) (Apr. 2021).
\6\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).
\7\Id.
---------------------------------------------------------------------------
CBP's Border Patrol and AMO also play 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.\8\ AMO also works with foreign
government partners to conduct joint operations to disrupt and
dismantle drug smuggling operations before they reach the
U.S.\9\
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\8\Government Accountability Office, Border Security: CBP Could
Improve How It Categorizes Drug Seizure Data and Evaluates Training
(GAO-22-104725) (May 2022); U.S. Customs and Border Protection, Air and
Sea Missions (www.cbp.gov/border-security/air-sea/missions) (accessed
Aug. 18, 2022).
\9\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.\10\ According to testimony provided to Congress by
HSI's Assistant Director in May 2022, 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.\11\
---------------------------------------------------------------------------
\10\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. Immigration and Customs
Enforcement, Department of Homeland Security, Hearing on Examining
DHS's Efforts to Combat the Opioid Epidemic, 117th Cong. (May 18,
2022).
\11\Id.
---------------------------------------------------------------------------
S. 1464 seeks to enhance DHS's ability to carry out its
counterdrug mission. Specifically, it 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 whose work may expose them to
circumstances that threaten physical harm or imminent danger,
to include those who are working to dismantle the TCOs that
smuggle drugs. The bill also eliminates the requirement for the
Department of Defense (DOD) 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. It authorizes AMO to cooperate with
authorities in foreign territorial seas and air space upon
entering into an arrangement with the country. Using 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. To improve DHS's ability to counter the actions of TCOs,
the bill establishes a charge to enable criminal prosecution of
individuals who, for financial gain and to further a criminal
organization, knowingly and willfully destroy border
technology, such as sensors and cameras.
During a review of CBP drug seizure data and training, the
Government Accountability Office (GAO) found that CBP had not
assessed its data systems to determine if the system's
categories reflected the drug smuggling scenarios occurring and
their usefulness for targeting and intelligence purposes, and
recommended that CBP conduct such an assessment.\12\ S. 1464
builds on GAO's findings by requiring DHS to conduct a study on
drug seizure data to support department-wide improvement of the
information it uses for targeting and intelligence activities.
It also requires DHS to develop and implement a plan to improve
its drug-related performance measures. Finally, the bill
requires DHS to enhance modeling of drug flow into the U.S.
---------------------------------------------------------------------------
\12\Government Accountability Office, Border Security: CBP Could
Improve How It Categorizes Drug Seizure Data and Evaluates Training
(GAO-22-104725) (May 2022).
---------------------------------------------------------------------------
III. Legislative History
Senator Gary Peters (D-MI) introduced S. 1464, the
Enhancing DHS Drug Seizures Act, on May 4, 2023, with original
cosponsor, Senator Josh Hawley (R-MO). The bill was referred to
the Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 1464 at a business meeting on
May 17, 2023. During the business meeting, a modified
substitute amendment was offered by Senator Peters that
included a technical change from CBP, additional reporting
requirements, added a sunset clause and time limitations to the
authorization to pay claims in foreign countries, and removed a
provision that criminalized certain surveillance activities.
The Committee adopted the modification to the Peters substitute
amendment, and the Peters substitute amendment as modified, by
voice vote, with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Blumenthal, Paul, Lankford, Romney, and Scott
present.
The bill, as amended by the Peters substitute amendment, as
modified, was ordered reported favorably by a roll call vote of
10 yeas to 1 nay, with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Blumenthal, Lankford, Romney, and Scott voting
in the affirmative, and Senator Paul voting in the negative.
Senators Carper, Johnson, Hawley, and Marshall voting yea
by proxy, for the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title; table of contents
This section establishes the short title of the bill as the
``Enhancing DHS Drug Seizures Act'' and provides a table of
contents.
Section 2. 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. It specifies that the
implementation plan is to contain roles, responsibilities, and
timelines for accomplishing the goals and objectives outlined
in the strategy. It also requires the Secretary to provide
annual briefings to Congress 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 Congress 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 Congress.
Subsection (c) allows the Secretary to combine the annual
briefing requirements in subsections (a) and (b) to Congress
through fiscal year 2026.
Section 3. Danger pay for Department of Homeland Security personnel
deployed abroad
This section amends the Homeland Security Act of 2002 and
creates a new section 881A, titled ``Danger Pay Allowance.''
Section 881A, subsection (a) authorizes DHS to provide danger
pay to security personnel deployed abroad. This allowance
cannot exceed 35% of an employee's basic rate of pay.
Section 881A, subsection (b) requires the Secretary to
notify Congress before granting or terminating a danger pay
allowance to any employee pursuant to subsection (a).
Section 4. 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 DOD.
Section 5. Enhancing the operations of U.S. Customs and Border
Protection in foreign countries
This section amends section 411(f) of the Homeland Security
Act of 2002, by making technical changes and creating a new
paragraph 4, titled ``Permissible Activities.'' Paragraph 4,
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.
Paragraph 4, subsection (B) authorizes AMO to provide
support for the monitoring, locating, tracking, and deterrence
of illegal drugs to the United States, the illicit smuggling of
persons and goods into the United States, terrorist threats to
the United States, and other threats to the security or economy
of the United States. It also authorizes support for emergency
humanitarian efforts and law enforcement capacity building
efforts.
Paragraph 4, subsection (C) authorizes the Secretary of
Homeland Security to pay claims for money damages against the
United States which arise in a foreign country in connection
with CBP operations in such country, from funds that have been
appropriated or otherwise made available for the operating
expenses of the Department. The subsection specifies that a
claim may be allowed only if it is made not later than 2 years
after it accrues. This subsection also requires the Secretary
to report to Congress on payments made with the authority not
later than 90 days after the authority expires. This subsection
sunsets the expenditure authority 5 years after the enactment
of the bill.
Section 6. 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; address 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; address how DHS components can
standardize drug seizure data collection and deconflict
reporting; address how DHS can better collect and analyze
additional data on precursor chemicals, synthetic drugs, novel
psychoactive substances, and analogues; and address 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's 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 7. 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 8. Penalties for hindering immigration, border, and customs
controls
Subsection (a) amends Title II of the Immigration and
Nationality Act by creating a new section 247E, titled
``Destroying or Evading Border Controls.''
Section 247E, subsection (a) creates a criminal charge for
the destruction or significant damage 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 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.
Section 247E, subsection (b) specifies that penalties for
the charges can be a fine, imprisonment up to five years, or
both.
Subsection (b) makes a clerical amendment to the
Immigration and Nationality Act.
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill would:
Authorize the Department of Homeland
Security (DHS) to provide danger pay allowances to
employees who are stationed abroad in certain areas
Create new criminal penalties for
destroying, damaging, or evading border technology
Allow Customs and Border Protection to
participate in joint operations with foreign
governments abroad and authorize the agency to pay
certain claims for monetary damages brought against the
United States that arise from those operations
Require DHS to prepare several reports
Estimated budgetary effects would mainly stem from:
Authorization of appropriations for danger
pay allowances
Collection and spending of criminal fines
Bill summary: S. 1464 would authorize the Department of
Homeland Security (DHS) to provide danger pay allowances to
employees who are deployed abroad in certain areas, including
those with civil war, terrorist threats, or wartime conditions.
The bill also would create new criminal penalties for
destroying, damaging, or evading border technology, such as
physical barriers cameras, and sensors.
In addition, S. 1464 would allow Customs and Border
Protection (CBP) to participate in joint operations with
foreign governments abroad to prevent illicit drug trafficking
and terrorist threats. The bill would authorize DHS to pay
certain claims for monetary damages, loss of personal property
or personal injury brought against the United States that arise
from such operations. Lastly, the bill would authorize DHS to
waive reimbursement from foreign governments for providing
training to law enforcement personnel and impose various
reporting requirements.
Estimated Federal cost: The estimated budgetary effect of
S. 1464 is shown in Table 1. The costs of the legislation fall
within budget function 750 (administration of justice).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1464
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------
2023 2024 2025 2026 2027 2028 2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization.............................. 0 2 2 2 2 2 10
Estimated Outlays.................................... 0 2 2 2 2 2 10
----------------------------------------------------------------------------------------------------------------
CBO estimates that enacting S. 1464 would increase revenues and direct spending by less than $500,000 over the
2023-2033 period.
Basis of estimate: CBO assumes that the bill will be
enacted late in fiscal year 2023 and that the estimated amounts
will be provided each year.
Spending subject to appropriation: CBO estimates that
implementing S. 1464 would cost $10 million over the 2023-2028
period.
Danger Pay. Using information from DHS, CBO estimates that
about 90 employees with an average annual salary of $130,000
would be eligible for danger pay under the bill. Based on
information from the Department of State regarding current
danger pay allowances, CBO estimates that the average allowance
would be 15 percent of an eligible employee's salary. On that
basis, CBO estimates that this provision would cost $10 million
over the 2024-2028 period.
Claims from Operations Abroad. Under current law, CBP can
settle claims for damages that arise within the United States
under the Federal Tort Claims Act (FTCA). For five years after
enactment, the bill would allow the agency to settle such
claims that originate in a foreign country and stem from a
joint operation with a foreign government. Under the bill, all
claims would be paid from discretionary funds. Based on similar
FTCA claims, CBO expects that very few claims would be paid
under the bill and that the average claim would be small. As a
result, CBO estimates that implementing this provision would
cost less than $500,000 over the 2024-2028 period.
Waive Reimbursement. Based on information from DHS, the
amount the agency spends on foreign law enforcement training is
very small. Thus, CBO estimates that waiving reimbursements
from foreign governments for providing training to law
enforcement personnel would cost less than $500,000 over the
2024-2028 period.
Reporting Requirements. S. 1464 would impose various
reporting requirements. For example, DHS would be required to
develop a public-private partnership strategy to combat illicit
drugs, prepare an assessment of the agency's counterdrug task
forces, and study possible improvements to data collection
related to drug seizures. Based on the costs of similar
activities, CBO estimates that the bill's reporting
requirements would cost less than $500,000 over the 2024-2028
period.
Direct spending and revenue: S. 1464 would create new
criminal penalties for destroying, damaging, or evading border
technology. Data from the U.S. Sentencing Commission indicate
that a small number of people who are convicted of immigration
offenses pay criminal fines. Criminal fines are recorded as
revenues, deposited in the Crime Victims Fund, and later spent
without further appropriation. Based on an analysis of fines
collected for other immigration offenses, CBO estimates that S.
1464 would increase revenues and direct spending by less than
$500,000 over the 2024-2033 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that enacting the bill would increase
direct spending and revenues by less than $500,000 over the
2023-2033 period.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 1464 would not significantly
increase net direct spending in any of the four consecutive 10-
year periods beginning in 2034; CBO estimates that enacting S.
1464 would not significantly increase on-budget deficits in any
of the four consecutive 10-year periods beginning in 2034.
Mandates: None.
Estimate prepared by: Federal costs: Jeremy Crimm;
Mandates: Rachel Austin.
Estimate reviewed by: Justin Humphrey, Chief, Finance,
Housing, and Education Cost Estimates Unit; Kathleen
FitzGerald, Chief, Public and Private Mandates Unit; Emily
Stern, Senior Adviser for Budget Analysis; H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
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):
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.--
(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 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.
[(4)] (5) * * *
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
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.
* * * * * * *
IMMIGRATION AND NATIONALITY ACT
TABLE OF CONTENTS
* * * * * * *
Title II--Immigration
* * * * * * *
CHAPTER 8--GENERAL PENALTY PROVISIONS
Sec. 274. * * *
Sec. 274A. * * *
Sec. 274B. * * *
Sec. 274C. * * *
Sec. 274D. * * *
Sec. 274E. Destroying or evading border controls.
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
CHAPTER 8--GENERAL PENALTY PROVISIONS
* * * * * * *
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.
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