[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   
                
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                 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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

              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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.

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                    IMMIGRATION AND NATIONALITY ACT

TABLE OF CONTENTS

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Title II--Immigration

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                 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

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CHAPTER 8--GENERAL PENALTY PROVISIONS

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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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