II 

Calendar No. 577 

117TH CONGRESS 

2D SESSION S. 4645 

[Report No. 117–221] 

To restrict the flow of illicit drugs into the United States, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2022 

Mr. PETERS (for himself, Mr. HAWLEY, and Ms. HASSAN) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

DECEMBER 5, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To restrict the flow of illicit drugs into the United States, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Enhancing DHS Drug Seizures Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Drug testing and detection tools. 

Sec. 3. Coordination and information sharing. 

Sec. 4. Danger pay for Department of Homeland Security personnel deployed 

abroad. 

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

Sec. 6. Enhancing the operations of U.S. Customs and Border Protection in 

foreign countries. 

Sec. 7. Drug seizure data improvement. 

Sec. 8. Drug performance measures. 

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

Sec. 10. Modification of Homeland Security Investigations’ authority for aircraft seizure and forfeiture. 

3 SEC. 2. DRUG TESTING AND DETECTION TOOLS. 

4 The Secretary of Homeland Security shall enhance 

5 the research and development needs and activities of the 

6 Department of Homeland Security related to fentanyl and 

7 other illicit drugs in accordance with section 309(a) of the 

8 Homeland Security Act of 2002 (6 U.S.C. 189(a)) 

9 through coordination and communication with the Na10 tional Laboratories (as defined in section 2 of the Energy 

11 Policy Act of 2005 (42 U.S.C. 15801)) or other appro12 priate scientific research and development entities. 

13 SEC. 3. COORDINATION AND INFORMATION SHARING. 

14 (a) PUBLIC-PRIVATE PARTNERSHIPS.— 

15 (1) STRATEGY.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary of 

17 Homeland Security shall develop a strategy to 

18 strengthen existing and establish new public-private 

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1 ceutical industries to assist with early detection and 

2 interdiction of illicit drugs and precursor chemicals. 

3 (2) CONTENTS.—The strategy required under 

4 paragraph (1) shall contain goals and objectives for 

5 employees of the Department of Homeland Security 

6 to ensure the tactics, techniques, and procedures 

7 gained from the public-private partnerships de8 scribed in paragraph (1) are included in policies, 

9 best practices, and training for the Department. 

10 (3) IMPLEMENTATION PLAN.—Not later than 

11 180 days after developing the strategy required 

12 under paragraph (1), the Secretary of Homeland Se13 curity shall develop an implementation plan for the 

14 strategy, which shall outline departmental lead and 

15 support roles, responsibilities, programs, and 

16 timelines for accomplishing the goals and objectives 

17 of the strategy. 

18 (4) BRIEFING.—The Secretary of Homeland 

19 Security shall provide annual briefings to the Com20 mittee on Homeland Security and Governmental Af21 fairs of the Senate and the Committee on Homeland 

22 Security of the House of Representatives regarding 

23 the progress made in addressing the implementation 

24 plan developed pursuant to paragraph (3). 

25 (b) ASSESSMENT OF DRUG TASK FORCES.— 


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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall conduct an assessment of the 

3 counterdrug task forces in which the Department of 

4 Homeland Security, including components of the De5 partment, participates in or leads, which shall in6 clude— 

7 (A) areas of potential overlap; 

8 (B) opportunities for sharing information 

9 and best practices; 

10 (C) how the Department’s processes for 

11 ensuring accountability and transparency in its 

12 vetting and oversight of partner agency task 

13 force members align with best practices; and 

14 (D) corrective action plans for any capa15 bility limitations and deficient or negative find16 ings identified in the report for any such task 

17 forces led by the Department. 

18 (2) REPORT.—Not later than 180 days after 

19 the date of enactment of this Act, the Secretary of 

20 Homeland Security shall submit a report to the 

21 Committee on Homeland Security and Governmental 

22 Affairs of the Senate and the Committee on Home23 land Security of the House of Representatives that 

24 contains a summary of the results of the assessment 

25 conducted pursuant to paragraph (1). 


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1 (3) CORRECTIVE ACTION PLAN.—The Secretary 

2 of Homeland Security shall— 

3 (A) implement the corrective action plans 

4 described in paragraph (1)(D) immediately 

5 after the submission of the report pursuant to 

6 paragraph (2); and 

7 (B) provide annual briefings to the Com8 mittee on Homeland Security and Govern9 mental Affairs of the Senate and the Committee 

10 on Homeland Security of the House of Rep11 resentatives regarding the progress made in im12 plementing the corrective action plans. 

13 (c) COMBINATION OF BRIEFINGS.—The Secretary of 

14 Homeland Security may combine the briefings required 

15 under subsections (a)(4) and (b)(3). 

16 SEC. 4. DANGER PAY FOR DEPARTMENT OF HOMELAND SE17 CURITY PERSONNEL DEPLOYED ABROAD. 

18 Section 151 of the Foreign Relations Authorization 

19 Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 

20 5 U.S.C. 5928 note) is amended by inserting ‘‘the Depart21 ment of Homeland Security,’’ after ‘‘Investigation,’’. 


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1 SEC. 5. IMPROVING TRAINING TO FOREIGN-VETTED LAW 

2 ENFORCEMENT OR NATIONAL SECURITY 

3 UNITS. 

4 The Secretary of Homeland Security, or the designee 

5 of the Secretary, may waive reimbursement for salary ex6 penses of Department of Homeland Security for personnel 

7 providing training to foreign-vetted law enforcement or 

8 national security units in accordance with an agreement 

9 with the Department of Defense pursuant to section 1535 

10 of title 31, United States Code. 

11 SEC. 6. ENHANCING THE OPERATIONS OF U.S. CUSTOMS 

12 AND BORDER PROTECTION IN FOREIGN 

13 COUNTRIES. 

14 (a) OPERATIONS IN FOREIGN COUNTRIES AND SUP15 PORT TO FOREIGN AUTHORITIES.— 

16 (1) IN GENERAL.—The Tariff Act of 1930 (19 

17 U.S.C. 1304 et seq.) is amended by inserting after 

18 section 629 the following: 

19 ‘‘SEC. 629A. OPERATIONS IN FOREIGN COUNTRIES AND 

20 SUPPORT TO FOREIGN AUTHORITIES. 

21 ‘‘(a) IN GENERAL.—Notwithstanding any other pro22 vision of law, employees of U.S. Customs and Border Pro23 tection and other customs officers designated in accord24 ance with section 401(i) may provide the support de25 scribed in subsection (b) to authorities of the government 

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1 ations with appropriate law enforcement officials within 

2 the territory of that country, if an arrangement has been 

3 entered into between the Government of the United States 

4 and the government of that country under which the provi5 sion of such support by U.S. Customs and Border Protec6 tion is permitted. 

7 ‘‘(b) SUPPORT DESCRIBED.—Support described in 

8 this subsection is air and marine support for— 

9 ‘‘(1) the detection, deterrence, interdiction, and 

10 disruption of— 

11 ‘‘(A) the transit of illegal drugs into the 

12 United States; 

13 ‘‘(B) the illicit traffic of persons and goods 

14 into the United States; 

15 ‘‘(C) terrorist threats to the United States; 

16 and 

17 ‘‘(D) other threats to the security or econ18 omy of the United States; 

19 ‘‘(2) emergency humanitarian efforts; and 

20 ‘‘(3) law enforcement capacity-building ef21 forts.’’. 

22 (2) CONFORMING AMENDMENT.—Section 411(f) 

23 of the Homeland Security Act of 2002 (6 U.S.C. 

24 211(f)) is amended— 


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1 (A) by redesignating paragraph (4) as 

2 paragraph (5); and 

3 (B) by inserting after paragraph (3) the 

4 following: 

5 ‘‘(4) PERMISSIBLE ACTIVITIES.—Air and Ma6 rine Operations may provide support to authorities 

7 of the government of a foreign county, including by 

8 conducting aviation and marine operations, in con9 junction with appropriate government officials from 

10 the United States and such foreign country in ac11 cordance with section 629A of the Tariff Act of 

12 1930.’’. 

13 (b) CLAIMS AGAINST U.S. CUSTOMS AND BORDER

14 PROTECTION FOR ACTIONS IN FOREIGN COUNTRIES.— 

15 The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is further 

16 amended by inserting after section 629A, as added by sub17 section (a)(1), the following: 

18 ‘‘SEC. 629B. PAYMENT OF CLAIMS AGAINST U.S. CUSTOMS 

19 AND BORDER PROTECTION FOR ACTIONS IN 

20 FOREIGN COUNTRIES. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) COVERED CLAIM.—The term ‘covered 

23 claim’ means a claim against the United States— 

24 ‘‘(A) for— 


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1 ‘‘(i) damage to, or loss of, real prop2 erty of a foreign country or a political sub3 division or resident of a foreign country, 

4 including damage or loss incident to use 

5 and occupancy of such real property; 

6 ‘‘(ii) damage to, or loss of, personal 

7 property of a foreign country or a political 

8 subdivision or resident of a foreign coun9 try, including property bailed to the United 

10 States; or 

11 ‘‘(iii) personal injury to, or death of, 

12 a resident of a foreign country; and 

13 ‘‘(B) if the damage, loss, personal injury, 

14 or death— 

15 ‘‘(i) that occurred in a foreign coun16 try; and 

17 ‘‘(ii) was caused by, or was otherwise 

18 incident to the activities of, U.S. Customs 

19 and Border Protection. 

20 ‘‘(2) FOREIGN COUNTRY.—The term ‘foreign 

21 country’ includes any place under the jurisdiction of 

22 the United States in a foreign country. 

23 ‘‘(b) IN GENERAL.—The Secretary of Homeland Se24 curity may settle and pay a covered claim in an amount 

25 that does not exceed $100,000 from amounts appropriated 


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1 for the operating expenses of U.S. Customs and Border 

2 Protection. 

3 ‘‘(c) APPOINTMENT OF APPROVAL AUTHORITIES.— 

4 The Secretary of Homeland Security, or an employee of 

5 the Department of Homeland Security who has been des6 ignated by the Secretary, may appoint, under such regula7 tions as the Secretary may prescribe— 

8 ‘‘(1) a claims commission, composed of one or 

9 more employees of the Department of Homeland Se10 curity, to settle and pay covered claims that do not 

11 exceed $100,000; and 

12 ‘‘(2) an employee of the Department to act as 

13 an approval authority for settlement and payment of 

14 covered claims that do not exceed $10,000. 

15 ‘‘(d) PAYMENT OF CLAIMS EXCEEDING $100,000.— 

16 ‘‘(1) IN GENERAL.—If the Secretary of Home17 land Security determines that a covered claim that 

18 exceeds $100,000 is meritorious, the Secretary 

19 may— 

20 ‘‘(A) pay the claimant $100,000; and 

21 ‘‘(B) report to the Secretary of the Treas22 ury, for payment under section 1304 of title 31, 

23 United States Code, the amount of the claim 

24 that— 

25 ‘‘(i) exceeds $100,000; and 


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1 ‘‘(ii) the Secretary of Homeland Secu2 rity determines is meritorious. 

3 ‘‘(2) ANNUAL REPORT.—The Secretary shall 

4 submit an annual report to the Committee on Home5 land Security and Governmental Affairs of the Sen6 ate and the Committee on Homeland Security of the 

7 House of Representatives that lists the claims dur8 ing the reporting period that exceeded $100,000, in9 cluding the amount of the claim paid and a descrip10 tion of the nature of the claim. The report shall be 

11 submitted in an unclassified form, but may include 

12 a classified annex. 

13 ‘‘(e) LIMITATIONS.— 

14 ‘‘(1) CLAIMS CONSIDERED.—The claim of an 

15 insured may be considered under this section, but 

16 the claim of a subrogee may not be considered under 

17 this section. 

18 ‘‘(2) TIME LIMITATION ON FILING OF

19 CLAIMS.—A covered claim may not be filed after the 

20 date that is 2 years after the occurrence of the dam21 age, loss, personal injury, or death that is the sub22 ject of the claim. 

23 ‘‘(3) FULL SATISFACTION REQUIRED.—Except 

24 as provided in subsection (d), the Secretary of 

25 Homeland Security may not settle or pay a covered 


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1 claim unless the amount of the payment is accepted 

2 by the claimant as full satisfaction for the claim.’’. 

3 SEC. 7. DRUG SEIZURE DATA IMPROVEMENT. 

4 (a) STUDY.—Not later than 180 days after the date 

5 of the enactment of this Act, the Secretary of Homeland 

6 Security shall conduct a study to identify any opportuni7 ties for improving drug seizure data collection. 

8 (b) ELEMENTS.—The study required under sub9 section (a) shall— 

10 (1) include a survey of the entities that use 

11 drug seizure data; and 

12 (2) address— 

13 (A) any additional data fields or drug type 

14 categories that should be added to U.S. Cus15 toms and Border Protection’s SEACATS, U.S. 

16 Border Patrol’s e3 portal, and any other sys17 tems deemed appropriate by the Commissioner 

18 of U.S. Customs and Border Protection, in ac19 cordance with the first recommendation in the 

20 Government Accountability Office’s report 

21 GAO–22–104725, entitled ‘‘Border Security: 

22 CBP Could Improve How It Categorizes Drug 

23 Seizure Data and Evaluates Training’’; 

24 (B) how all the Department of Homeland 

25 Security components that collect drug seizure 


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1 data can standardize their data collection ef2 forts and deconflict drug seizure reporting; 

3 (C) how the Department of Homeland Se4 curity can better identify, collect, and analyze 

5 additional data on precursor chemicals, syn6 thetic drugs, novel psychoactive substances, and 

7 analogues that have been seized by U.S. Cus8 toms and Border Protection and U.S. Immigra9 tion and Customs Enforcement; and 

10 (D) how the Department of Homeland Se11 curity can improve its model of anticipated drug 

12 flow into the United States. 

13 (c) IMPLEMENTATION OF FINDINGS.—Following the 

14 completion of the study required under subsection (a)— 

15 (1) the Secretary of Homeland Security, in ac16 cordance with the Office of National Drug Control 

17 Policy’s 2022 National Drug Control Strategy, shall 

18 modify Department of Homeland Security drug sei19 zure policies and training programs, as appropriate, 

20 consistent with the findings of such study; and 

21 (2) the Commissioner of U.S. Customs and 

22 Border Protection, in consultation with the Director 

23 of U.S. Immigration and Customs Enforcement, 

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1 tems to include the results of confirmatory drug 

2 testing results. 

3 SEC. 8. DRUG PERFORMANCE MEASURES. 

4 Not later than 180 days after the date of enactment 

5 of this Act, the Secretary of Homeland Security shall de6 velop and implement a Department of Homeland Security 

7 plan— 

8 (1) to ensure that components of the Depart9 ment develop and maintain outcome-based perform10 ance measures that adequately assess the success of 

11 drug interdiction; and 

12 (2) for how to utilize the existing drug-related 

13 metrics and performance measures to achieve the 

14 missions, goals, and targets of the Department, and 

15 if additional metrics and measures are needed. 

16 SEC. 9. PENALTIES FOR HINDERING IMMIGRATION, BOR17 DER, AND CUSTOMS CONTROLS. 

18 (a) PERSONNEL AND STRUCTURES.—Title II of the 

19 Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 

20 is amended by inserting after section 274D the following: 

21 ‘‘SECTION 274E. DESTROYING OR EVADING BORDER CON22 TROLS. 

23 ‘‘(a) ILLICIT SPOTTING.— 

24 ‘‘(1) IN GENERAL.—It shall be unlawful to 

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1 cation, movement, or activities of any officer or em2 ployee of a Federal, State, or Tribal law enforce3 ment agency with the intent to knowingly and will4 fully— 

5 ‘‘(A) secure a financial gain; 

6 ‘‘(B) further the objectives of a criminal 

7 organization; and 

8 ‘‘(C) violate— 

9 ‘‘(i) section 274(a)(1)(A)(i); 

10 ‘‘(ii) the customs and trade laws of 

11 the United States (as defined in section 

12 2(4) of the Trade Facilitation and Trade 

13 Enforcement Act of 2015 (Public Law 

14 114–125)); 

15 ‘‘(iii) any other Federal law relating 

16 to transporting controlled substances, agri17 culture, or monetary instruments into the 

18 United States; or 

19 ‘‘(iv) any Federal law relating to bor20 der controls measures of the United 

21 States. 

22 ‘‘(2) PENALTY.—Any person who violates para23 graph (1) shall be fined under title 18, United 

24 States Code, imprisoned for not more than 5 years, 

25 or both. 


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1 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

2 CONTROLS.— 

3 ‘‘(1) IN GENERAL.—It shall be unlawful to 

4 knowingly and without lawful authorization— 

5 ‘‘(A)(i) destroy or significantly damage any 

6 fence, barrier, sensor, camera, or other physical 

7 or electronic device deployed by the Federal 

8 Government to control an international border 

9 of, or a port of entry to, the United States; or 

10 ‘‘(ii) otherwise construct, excavate, or 

11 make any structure intended to defeat, cir12 cumvent or evade such a fence, barrier, sensor 

13 camera, or other physical or electronic device 

14 deployed by the Federal Government to control 

15 an international border of, or a port of entry to, 

16 the United States; and 

17 ‘‘(B) in carrying out an act described in 

18 paragraph (1), have the intent to knowingly 

19 and willfully— 

20 ‘‘(i) secure a financial gain; 

21 ‘‘(ii) further the objectives of a crimi22 nal organization; and 

23 ‘‘(iii) violate— 

24 ‘‘(I) section 274(a)(1)(A)(i); 


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1 ‘‘(II) the customs and trade laws 

2 of the United States (as defined in 

3 section 2(4) of the Trade Facilitation 

4 and Trade Enforcement Act of 2015 

5 (Public Law 114–125)); 

6 ‘‘(III) any other Federal law re7 lating to transporting controlled sub8 stances, agriculture, or monetary in9 struments into the United States; or 

10 ‘‘(IV) any Federal law relating to 

11 border controls measures of the 

12 United States. 

13 ‘‘(2) PENALTY.—Any person who violates para14 graph (1) shall be fined under title 18, United 

15 States Code, imprisoned for not more than 5 years, 

16 or both.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 for the Immigration and Nationality Act (8 U.S.C. 1101 

19 et seq.) is amended by inserting after the item relating 

20 to section 274D the following: 

‘‘Sec. 274E. Destroying or evading border controls.’’. 

21 SEC. 10. MODIFICATION OF HOMELAND SECURITY INVES22 TIGATIONS’ AUTHORITY FOR AIRCRAFT SEI23 ZURE AND FORFEITURE. 

24 Section 46306(d)(1) of title 49, United States Code, 

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1 toms and Border Protection’’ and inserting ‘‘, the Com2 missioner of U.S. Customs and Border Protection, or the 

3 Director of U.S. Immigration and Customs Enforce4 ment.’’. 

5 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

6 (a) SHORT TITLE.—This Act may be cited as the ‘‘En7 hancing DHS Drug Seizures Act’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Drug testing and detection tools. 

Sec. 3. Coordination and information sharing. 

Sec. 4. Danger pay for Department of Homeland Security personnel deployed 

abroad. 

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

units. 

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

Sec. 7. Drug seizure data improvement. 

Sec. 8. Drug performance measures. 

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

Sec. 10. Modification of Homeland Security Investigations’ authority for aircraft 

seizure and forfeiture. 

10 SEC. 2. DRUG TESTING AND DETECTION TOOLS. 

11 (a) COORDINATION WITH NATIONAL LABORA12 TORIES.—The Secretary of Homeland Security shall en13 hance the research and development needs and activities of 

14 the Department of Homeland Security related to fentanyl 

15 and other illicit drugs in accordance with section 309(a) 

16 of the Homeland Security Act of 2002 (6 U.S.C. 189(a)) 

17 through coordination and communication with the Na18 tional Laboratories (as defined in section 2 of the Energy 


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1 Policy Act of 2005 (42 U.S.C. 15801) or other appropriate 

2 scientific research and development entities. 

3 (b) RESEARCH AND DEVELOPMENT TO DETECT SYN4 THETIC OPIOIDS.—The Under Secretary for Science and 

5 Technology of the Department of Homeland Security, in co6 ordination with the Commissioner of U.S. Customs and 

7 Border Protection and the Director of U.S. Immigration 

8 and Customs Enforcement, shall research, develop, test, and 

9 evaluate field instruments to detect and identify fentanyl 

10 and other synthetic opioids. 

11 (c) SUNSET.—This section shall cease to have effect on 

12 the date that is 5 years after the date of the enactment of 

13 this Act. 

14 SEC. 3. COORDINATION AND INFORMATION SHARING. 

15 (a) PUBLIC-PRIVATE PARTNERSHIPS.— 

16 (1) STRATEGY.—Not later than 180 days after 

17 the date of enactment of this Act, the Secretary of 

18 Homeland Security shall develop a strategy to 

19 strengthen existing and establish new public-private 

20 partnerships with shipping, chemical, and pharma21 ceutical industries to assist with early detection and 

22 interdiction of illicit drugs and precursor chemicals. 

23 (2) CONTENTS.—The strategy required under 

24 paragraph (1) shall contain goals and objectives for 

25 employees of the Department of Homeland Security to 


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1 ensure the tactics, techniques, and procedures gained 

2 from the public-private partnerships described in 

3 paragraph (1) are included in policies, best practices, 

4 and training for the Department. 

5 (3) IMPLEMENTATION PLAN.—Not later than 180 

6 days after developing the strategy required under 

7 paragraph (1), the Secretary of Homeland Security 

8 shall develop an implementation plan for the strategy, 

9 which shall outline departmental lead and support 

10 roles, responsibilities, programs, and timelines for ac11 complishing the goals and objectives of the strategy. 

12 (4) BRIEFING.—The Secretary of Homeland Se13 curity shall provide annual briefings to the Com14 mittee on Homeland Security and Governmental Af15 fairs of the Senate and the Committee on Homeland 

16 Security of the House of Representatives regarding 

17 the progress made in addressing the implementation 

18 plan developed pursuant to paragraph (3). 

19 (b) ASSESSMENT OF DRUG TASK FORCES.— 

20 (1) IN GENERAL.—The Secretary of Homeland 

21 Security shall conduct an assessment of the 

22 counterdrug task forces in which the Department of 

23 Homeland Security, including components of the De24 partment, participates in or leads, which shall in25 clude— 


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1 (A) areas of potential overlap; 

2 (B) opportunities for sharing information 

3 and best practices; 

4 (C) how the Department’s processes for en5 suring accountability and transparency in its 

6 vetting and oversight of partner agency task 

7 force members align with best practices; and 

8 (D) corrective action plans for any capa9 bility limitations and deficient or negative find10 ings identified in the report for any such task 

11 forces led by the Department. 

12 (2) REPORT.—Not later than 180 days after the 

13 date of enactment of this Act, the Secretary of Home14 land Security shall submit a report to the Committee 

15 on Homeland Security and Governmental Affairs of 

16 the Senate and the Committee on Homeland Security 

17 of the House of Representatives that contains a sum18 mary of the results of the assessment conducted pursu19 ant to paragraph (1). 

20 (3) CORRECTIVE ACTION PLAN.—The Secretary 

21 of Homeland Security shall— 

22 (A) implement the corrective action plans 

23 described in paragraph (1)(D) immediately after 

24 the submission of the report pursuant to para25 graph (2); and 


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1 (B) provide annual briefings to the Com2 mittee on Homeland Security and Governmental 

3 Affairs of the Senate and the Committee on 

4 Homeland Security of the House of Representa5 tives regarding the progress made in imple6 menting the corrective action plans. 

7 (c) COMBINATION OF BRIEFINGS.—The Secretary of 

8 Homeland Security may combine the briefings required 

9 under subsections (a)(4) and (b)(3) and provide such com10 bined briefings through fiscal year 2026. 

11 SEC. 4. DANGER PAY FOR DEPARTMENT OF HOMELAND SE12 CURITY PERSONNEL DEPLOYED ABROAD. 

13 Section 151 of the Foreign Relations Authorization 

14 Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 5 

15 U.S.C. 5928 note) is amended by inserting ‘‘the Department 

16 of Homeland Security,’’ after ‘‘Investigation,’’. 

17 SEC. 5. IMPROVING TRAINING TO FOREIGN-VETTED LAW 

18 ENFORCEMENT OR NATIONAL SECURITY 

19 UNITS. 

20 The Secretary of Homeland Security, or the designee 

21 of the Secretary, may waive reimbursement for salary ex22 penses of Department of Homeland Security for personnel 

23 providing training to foreign-vetted law enforcement or na24 tional security units in accordance with an agreement with 


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1 the Department of Defense pursuant to section 1535 of title 

2 31, United States Code. 

3 SEC. 6. ENHANCING THE OPERATIONS OF U.S. CUSTOMS 

4 AND BORDER PROTECTION IN FOREIGN 

5 COUNTRIES. 

6 (a) IN GENERAL.—The Tariff Act of 1930 (19 U.S.C. 

7 1304 et seq.) is amended by inserting after section 629 the 

8 following: 

9 ‘‘SEC. 629A. OPERATIONS IN FOREIGN COUNTRIES AND SUP10 PORT TO FOREIGN AUTHORITIES. 

11 ‘‘(a) IN GENERAL.—Employees of U.S. Customs and 

12 Border Protection and other customs officers designated in 

13 accordance with section 401(i) may provide the support de14 scribed in subsection (b) to authorities of the government 

15 of a foreign country, including by conducting joint oper16 ations with appropriate law enforcement officials within 

17 the territory of that country, if an arrangement has been 

18 entered into between the Government of the United States 

19 and the government of that country under which the provi20 sion of such support by U.S. Customs and Border Protec21 tion is permitted. 

22 ‘‘(b) SUPPORT DESCRIBED.—Support described in this 

23 subsection is air and marine support for— 

24 ‘‘(1) the monitoring, locating, tracking, and de25 terrence of— 


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1 ‘‘(A) illegal drugs to the United States; 

2 ‘‘(B) the illicit traffic of persons and goods 

3 into the United States; 

4 ‘‘(C) terrorist threats to the United States; 

5 and 

6 ‘‘(D) other threats to the security or econ7 omy of the United States; 

8 ‘‘(2) emergency humanitarian efforts; and 

9 ‘‘(3) law enforcement capacity-building efforts.’’. 

10 (b) CONFORMING AMENDMENT.—Section 411(f) of the 

11 Homeland Security Act of 2002 (6 U.S.C. 211(f)) is amend12 ed— 

13 (1) by redesignating paragraph (4) as para14 graph (5); and 

15 (2) by inserting after paragraph (3) the fol16 lowing: 

17 ‘‘(4) PERMISSIBLE ACTIVITIES.—Air and Marine 

18 Operations may provide support to authorities of the 

19 government of a foreign country, including by con20 ducting joint operations with appropriate government 

21 officials within the territory of such country in ac22 cordance with section 629A of the Tariff Act of 

23 1930.’’. 


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1 SEC. 7. DRUG SEIZURE DATA IMPROVEMENT. 

2 (a) STUDY.—Not later than 180 days after the date 

3 of the enactment of this Act, the Secretary of Homeland Se4 curity shall conduct a study to identify any opportunities 

5 for improving drug seizure data collection. 

6 (b) ELEMENTS.—The study required under subsection 

7 (a) shall— 

8 (1) include a survey of the entities that use drug 

9 seizure data; and 

10 (2) address— 

11 (A) any additional data fields or drug type 

12 categories that should be added to U.S. Customs 

13 and Border Protection’s SEACATS, U.S. Border 

14 Patrol’s e3 portal, and any other systems deemed 

15 appropriate by the Commissioner of U.S. Cus16 toms and Border Protection, in accordance with 

17 the first recommendation in the Government Ac18 countability Office’s report GAO-22-104725, en19 titled ‘‘Border Security: CBP Could Improve 

20 How It Categorizes Drug Seizure Data and 

21 Evaluates Training’’; 

22 (B) how all the Department of Homeland 

23 Security components that collect drug seizure 

24 data can standardize their data collection efforts 

25 and deconflict drug seizure reporting; 


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•S 4645 RS

1 (C) how the Department of Homeland Secu2 rity can better identify, collect, and analyze ad3 ditional data on precursor chemicals, synthetic 

4 drugs, novel psychoactive substances, and ana5 logues that have been seized by U.S. Customs 

6 and Border Protection and U.S. Immigration 

7 and Customs Enforcement; and 

8 (D) how the Department of Homeland Secu9 rity can improve its model of anticipated drug 

10 flow into the United States. 

11 (c) IMPLEMENTATION OF FINDINGS.—Following the 

12 completion of the study required under subsection (a)— 

13 (1) the Secretary of Homeland Security, in ac14 cordance with the Office of National Drug Control 

15 Policy’s 2022 National Drug Control Strategy, shall 

16 modify Department of Homeland Security drug sei17 zure policies and training programs, as appropriate, 

18 consistent with the findings of such study; and 

19 (2) the Commissioner of U.S. Customs and Bor20 der Protection, in consultation with the Director of 

21 U.S. Immigration and Customs Enforcement, shall 

22 make any necessary updates to relevant systems to in23 clude the results of confirmatory drug testing results. 


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1 SEC. 8. DRUG PERFORMANCE MEASURES. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Secretary of Homeland Security shall de4 velop and implement a Department of Homeland Security 

5 plan to ensure that components of the Department develop 

6 and maintain outcome-based performance measures that 

7 adequately assess the success of drug interdiction efforts and 

8 how to utilize the existing drug-related metrics and per9 formance measures to achieve the missions, goals, and tar10 gets of the Department. 

11 SEC. 9. PENALTIES FOR HINDERING IMMIGRATION, BOR12 DER, AND CUSTOMS CONTROLS. 

13 (a) PERSONNEL AND STRUCTURES.—Title II of the 

14 Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 

15 is amended by inserting after section 274D the following: 

16 ‘‘SECTION 274E. DESTROYING OR EVADING BORDER CON17 TROLS. 

18 ‘‘(a) ILLICIT SPOTTING.— 

19 ‘‘(1) IN GENERAL.—It shall be unlawful to know20 ingly surveil, track, monitor, or transmit the location, 

21 movement, or activities of any officer or employee of 

22 a Federal, State, or Tribal law enforcement agency 

23 with the intent to knowingly and willfully— 

24 ‘‘(A) secure a financial gain; 

25 ‘‘(B) further the objectives of a criminal or26 ganization; and 


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1 ‘‘(C) violate— 

2 ‘‘(i) section 274(a)(1)(A)(i); 

3 ‘‘(ii) the customs and trade laws of the 

4 United States (as defined in section 2(4) of 

5 the Trade Facilitation and Trade Enforce6 ment Act of 2015 (Public Law 114–125)); 

7 ‘‘(iii) any other Federal law relating to 

8 transporting controlled substances, agri9 culture, or monetary instruments into the 

10 United States; or 

11 ‘‘(iv) any Federal law relating to bor12 der controls measures of the United States. 

13 ‘‘(2) PENALTY.—Any person who violates para14 graph (1) shall be fined under title 18, United States 

15 Code, imprisoned for not more than 5 years, or both. 

16 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER CON17 TROLS.— 

18 ‘‘(1) IN GENERAL.—It shall be unlawful to know19 ingly and without lawful authorization— 

20 ‘‘(A)(i) destroy or significantly damage any 

21 fence, barrier, sensor, camera, or other physical 

22 or electronic device deployed by the Federal Gov23 ernment to control an international border of, or 

24 a port of entry to, the United States; or 


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•S 4645 RS

1 ‘‘(ii) otherwise construct, excavate, or make 

2 any structure intended to defeat, circumvent or 

3 evade such a fence, barrier, sensor camera, or 

4 other physical or electronic device deployed by 

5 the Federal Government to control an inter6 national border of, or a port of entry to, the 

7 United States; and 

8 ‘‘(B) in carrying out an act described in 

9 paragraph (1), have the intent to knowingly and 

10 willfully— 

11 ‘‘(i) secure a financial gain; 

12 ‘‘(ii) further the objectives of a crimi13 nal organization; and 

14 ‘‘(iii) violate— 

15 ‘‘(I) section 274(a)(1)(A)(i); 

16 ‘‘(II) the customs and trade laws 

17 of the United States (as defined in sec18 tion 2(4) of the Trade Facilitation and 

19 Trade Enforcement Act of 2015 (Public 

20 Law 114–125)); 

21 ‘‘(III) any other Federal law re22 lating to transporting controlled sub23 stances, agriculture, or monetary in24 struments into the United States; or 


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1 ‘‘(IV) any Federal law relating to 

2 border controls measures of the United 

3 States. 

4 ‘‘(2) PENALTY.—Any person who violates para5 graph (1) shall be fined under title 18, United States 

6 Code, imprisoned for not more than 5 years, or 

7 both.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents for 

9 the Immigration and Nationality Act (8 U.S.C. 1101 et 

10 seq.) is amended by inserting after the item relating to sec11 tion 274D the following: 

‘‘Sec. 274E. Destroying or evading border controls.’’. 

12 SEC. 10. MODIFICATION OF HOMELAND SECURITY INVES13 TIGATIONS’ AUTHORITY FOR AIRCRAFT SEI14 ZURE AND FORFEITURE. 

15 Section 46306(d)(1) of title 49, United States Code, 

16 is amended by striking ‘‘or the Commissioner of U.S. Cus17 toms and Border Protection’’ and inserting ‘‘, the Commis18 sioner of U.S. Customs and Border Protection, or the Direc19 tor of U.S. Immigration and Customs Enforcement.’’. 


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Calendar No. 577 

117TH CONGRESS 

2D SESSION S. 4645 

[Report No. 117–221] 

A BILL 

To restrict the flow of illicit drugs into the United 

States, and for other purposes. 

DECEMBER 5, 2022 

Reported with an amendment 


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