II 

117TH CONGRESS 

2D SESSION S. 4645 

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 and Mr. HAWLEY) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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’’. 

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

7 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. 


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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. 

1 SEC. 2. DRUG TESTING AND DETECTION TOOLS. 

2 The Secretary of Homeland Security shall enhance 

3 the research and development needs and activities of the 

4 Department of Homeland Security related to fentanyl and 

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

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

7 through coordination and communication with the Na8 tional Laboratories (as defined in section 2 of the Energy 

9 Policy Act of 2005 (42 U.S.C. 15801)) or other appro10 priate scientific research and development entities. 

11 SEC. 3. COORDINATION AND INFORMATION SHARING. 

12 (a) PUBLIC-PRIVATE PARTNERSHIPS.— 

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

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

15 Homeland Security shall develop a strategy to 

16 strengthen existing and establish new public-private 

17 partnerships with shipping, chemical, and pharma18 ceutical industries to assist with early detection and 

19 interdiction of illicit drugs and precursor chemicals. 

20 (2) CONTENTS.—The strategy required under 

21 paragraph (1) shall contain goals and objectives for 


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1 employees of the Department of Homeland Security 

2 to ensure the tactics, techniques, and procedures 

3 gained from the public-private partnerships de4 scribed in paragraph (1) are included in policies, 

5 best practices, and training for the Department. 

6 (3) IMPLEMENTATION PLAN.—Not later than 

7 180 days after developing the strategy required 

8 under paragraph (1), the Secretary of Homeland Se9 curity shall develop an implementation plan for the 

10 strategy, which shall outline departmental lead and 

11 support roles, responsibilities, programs, and 

12 timelines for accomplishing the goals and objectives 

13 of the strategy. 

14 (4) BRIEFING.—The Secretary of Homeland 

15 Security shall provide annual briefings to the Com16 mittee on Homeland Security and Governmental Af17 fairs of the Senate and the Committee on Homeland 

18 Security of the House of Representatives regarding 

19 the progress made in addressing the implementation 

20 plan developed pursuant to paragraph (3). 

21 (b) ASSESSMENT OF DRUG TASK FORCES.— 

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

23 Security shall conduct an assessment of the 

24 counterdrug task forces in which the Department of 

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1 partment, participates in or leads, which shall in2 clude— 

3 (A) areas of potential overlap; 

4 (B) opportunities for sharing information 

5 and best practices; 

6 (C) how the Department’s processes for 

7 ensuring accountability and transparency in its 

8 vetting and oversight of partner agency task 

9 force members align with best practices; and 

10 (D) corrective action plans for any capa11 bility limitations and deficient or negative find12 ings identified in the report for any such task 

13 forces led by the Department. 

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

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

16 Homeland Security shall submit a report to the 

17 Committee on Homeland Security and Governmental 

18 Affairs of the Senate and the Committee on Home19 land Security of the House of Representatives that 

20 contains a summary of the results of the assessment 

21 conducted pursuant to paragraph (1). 

22 (3) CORRECTIVE ACTION PLAN.—The Secretary 

23 of Homeland Security shall— 

24 (A) implement the corrective action plans 

25 described in paragraph (1)(D) immediately 


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1 after the submission of the report pursuant to 

2 paragraph (2); and 

3 (B) provide annual briefings to the Com4 mittee on Homeland Security and Govern5 mental Affairs of the Senate and the Committee 

6 on Homeland Security of the House of Rep7 resentatives regarding the progress made in im8 plementing the corrective action plans. 

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

10 Homeland Security may combine the briefings required 

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

12 SEC. 4. DANGER PAY FOR DEPARTMENT OF HOMELAND SE13 CURITY PERSONNEL DEPLOYED ABROAD. 

14 Section 151 of the Foreign Relations Authorization 

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

16 5 U.S.C. 5928 note) is amended by inserting ‘‘the Depart17 ment of Homeland Security,’’ after ‘‘Investigation,’’. 

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

19 ENFORCEMENT OR NATIONAL SECURITY 

20 UNITS. 

21 The Secretary of Homeland Security, or the designee 

22 of the Secretary, may waive reimbursement for salary ex23 penses of Department of Homeland Security for personnel 

24 providing training to foreign-vetted law enforcement or 

25 national security units in accordance with an agreement 


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1 with the Department of Defense pursuant to section 1535 

2 of title 31, United States Code. 

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

4 AND BORDER PROTECTION IN FOREIGN 

5 COUNTRIES. 

6 (a) OPERATIONS IN FOREIGN COUNTRIES AND SUP7 PORT TO FOREIGN AUTHORITIES.— 

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

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

10 section 629 the following: 

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

12 SUPPORT TO FOREIGN AUTHORITIES. 

13 ‘‘(a) IN GENERAL.—Notwithstanding any other pro14 vision of law, employees of U.S. Customs and Border Pro15 tection and other customs officers designated in accord16 ance with section 401(i) may provide the support de17 scribed in subsection (b) to authorities of the government 

18 of a foreign county, including by conducting joint oper19 ations with appropriate law enforcement officials within 

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

21 entered into between the Government of the United States 

22 and the government of that country under which the provi23 sion of such support by U.S. Customs and Border Protec24 tion is permitted. 


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

2 this subsection is air and marine support for— 

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

4 disruption of— 

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

6 United States; 

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

8 into the United States; 

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

10 and 

11 ‘‘(D) other threats to the security or econ12 omy of the United States; 

13 ‘‘(2) emergency humanitarian efforts; and 

14 ‘‘(3) law enforcement capacity-building ef15 forts.’’. 

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

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

18 211(f)) is amended— 

19 (A) by redesignating paragraph (4) as 

20 paragraph (5); and 

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

22 following: 

23 ‘‘(4) PERMISSIBLE ACTIVITIES.—Air and Ma24 rine Operations may provide support to authorities 

25 of the government of a foreign county, including by 


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1 conducting aviation and marine operations, in con2 junction with appropriate government officials from 

3 the United States and such foreign country in ac4 cordance with section 629A of the Tariff Act of 

5 1930.’’. 

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

7 PROTECTION FOR ACTIONS IN FOREIGN COUNTRIES.— 

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

9 amended by inserting after section 629A, as added by sub10 section (a)(1), the following: 

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

12 AND BORDER PROTECTION FOR ACTIONS IN 

13 FOREIGN COUNTRIES. 

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

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

16 claim’ means a claim against the United States— 

17 ‘‘(A) for— 

18 ‘‘(i) damage to, or loss of, real prop19 erty of a foreign country or a political sub20 division or resident of a foreign country, 

21 including damage or loss incident to use 

22 and occupancy of such real property; 

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

24 property of a foreign country or a political 

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1 try, including property bailed to the United 

2 States; or 

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

4 a resident of a foreign country; and 

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

6 or death— 

7 ‘‘(i) that occurred in a foreign coun8 try; and 

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

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

11 and Border Protection. 

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

13 country’ includes any place under the jurisdiction of 

14 the United States in a foreign country. 

15 ‘‘(b) IN GENERAL.—The Secretary of Homeland Se16 curity may settle and pay a covered claim in an amount 

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

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

19 Protection. 

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

21 The Secretary of Homeland Security, or an employee of 

22 the Department of Homeland Security who has been des23 ignated by the Secretary, may appoint, under such regula24 tions as the Secretary may prescribe— 


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

2 more employees of the Department of Homeland Se3 curity, to settle and pay covered claims that do not 

4 exceed $100,000; and 

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

6 an approval authority for settlement and payment of 

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

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

9 ‘‘(1) IN GENERAL.—If the Secretary of Home10 land Security determines that a covered claim that 

11 exceeds $100,000 is meritorious, the Secretary 

12 may— 

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

14 ‘‘(B) report to the Secretary of the Treas15 ury, for payment under section 1304 of title 31, 

16 United States Code, the amount of the claim 

17 that— 

18 ‘‘(i) exceeds $100,000; and 

19 ‘‘(ii) the Secretary of Homeland Secu20 rity determines is meritorious. 

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

22 submit an annual report to the Committee on Home23 land Security and Governmental Affairs of the Sen24 ate and the Committee on Homeland Security of the 

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1 ing the reporting period that exceeded $100,000, in2 cluding the amount of the claim paid and a descrip3 tion of the nature of the claim. The report shall be 

4 submitted in an unclassified form, but may include 

5 a classified annex. 

6 ‘‘(e) LIMITATIONS.— 

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

8 insured may be considered under this section, but 

9 the claim of a subrogee may not be considered under 

10 this section. 

11 ‘‘(2) TIME LIMITATION ON FILING OF

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

13 date that is 2 years after the occurrence of the dam14 age, loss, personal injury, or death that is the sub15 ject of the claim. 

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

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

18 Homeland Security may not settle or pay a covered 

19 claim unless the amount of the payment is accepted 

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

21 SEC. 7. DRUG SEIZURE DATA IMPROVEMENT. 

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

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

24 Security shall conduct a study to identify any opportuni25 ties for improving drug seizure data collection. 


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1 (b) ELEMENTS.—The study required under sub2 section (a) shall— 

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

4 drug seizure data; and 

5 (2) address— 

6 (A) any additional data fields or drug type 

7 categories that should be added to U.S. Cus8 toms and Border Protection’s SEACATS, U.S. 

9 Border Patrol’s e3 portal, and any other sys10 tems deemed appropriate by the Commissioner 

11 of U.S. Customs and Border Protection, in ac12 cordance with the first recommendation in the 

13 Government Accountability Office’s report 

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

15 CBP Could Improve How It Categorizes Drug 

16 Seizure Data and Evaluates Training’’; 

17 (B) how all the Department of Homeland 

18 Security components that collect drug seizure 

19 data can standardize their data collection ef20 forts and deconflict drug seizure reporting; 

21 (C) how the Department of Homeland Se22 curity can better identify, collect, and analyze 

23 additional data on precursor chemicals, syn24 thetic drugs, novel psychoactive substances, and 

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1 toms and Border Protection and U.S. Immigra2 tion and Customs Enforcement; and 

3 (D) how the Department of Homeland Se4 curity can improve its model of anticipated drug 

5 flow into the United States. 

6 (c) IMPLEMENTATION OF FINDINGS.—Following the 

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

8 (1) the Secretary of Homeland Security, in ac9 cordance with the Office of National Drug Control 

10 Policy’s 2022 National Drug Control Strategy, shall 

11 modify Department of Homeland Security drug sei12 zure policies and training programs, as appropriate, 

13 consistent with the findings of such study; and 

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

15 Border Protection, in consultation with the Director 

16 of U.S. Immigration and Customs Enforcement, 

17 shall make any necessary updates to relevant sys18 tems to include the results of confirmatory drug 

19 testing results. 

20 SEC. 8. DRUG PERFORMANCE MEASURES. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Secretary of Homeland Security shall de23 velop and implement a Department of Homeland Security 

24 plan— 


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1 (1) to ensure that components of the Depart2 ment develop and maintain outcome-based perform3 ance measures that adequately assess the success of 

4 drug interdiction; and 

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

6 metrics and performance measures to achieve the 

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

8 if additional metrics and measures are needed. 

9 SEC. 9. PENALTIES FOR HINDERING IMMIGRATION, BOR10 DER, AND CUSTOMS CONTROLS. 

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

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

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

14 ‘‘SECTION 274E. DESTROYING OR EVADING BORDER CON15 TROLS. 

16 ‘‘(a) ILLICIT SPOTTING.— 

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

18 knowingly surveil, track, monitor, or transmit the lo19 cation, movement, or activities of any officer or em20 ployee of a Federal, State, or Tribal law enforce21 ment agency with the intent to knowingly and will22 fully— 

23 ‘‘(A) secure a financial gain; 

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

25 organization; and 


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1 ‘‘(C) violate— 

2 ‘‘(i) section 274(a)(1)(A)(i); 

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

4 the United States (as defined in section 

5 2(4) of the Trade Facilitation and Trade 

6 Enforcement Act of 2015 (Public Law 

7 114–125)); 

8 ‘‘(iii) any other Federal law relating 

9 to transporting controlled substances, agri10 culture, or monetary instruments into the 

11 United States; or 

12 ‘‘(iv) any Federal law relating to bor13 der controls measures of the United 

14 States. 

15 ‘‘(2) PENALTY.—Any person who violates para16 graph (1) shall be fined under title 18, United 

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

18 or both. 

19 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

20 CONTROLS.— 

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

22 knowingly and without lawful authorization— 

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

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

25 or electronic device deployed by the Federal 


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1 Government to control an international border 

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

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

4 make any structure intended to defeat, cir5 cumvent or evade such a fence, barrier, sensor 

6 camera, or other physical or electronic device 

7 deployed by the Federal Government to control 

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

9 the United States; and 

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

11 paragraph (1), have the intent to knowingly 

12 and willfully— 

13 ‘‘(i) secure a financial gain; 

14 ‘‘(ii) further the objectives of a crimi15 nal organization; and 

16 ‘‘(iii) violate— 

17 ‘‘(I) section 274(a)(1)(A)(i); 

18 ‘‘(II) the customs and trade laws 

19 of the United States (as defined in 

20 section 2(4) of the Trade Facilitation 

21 and Trade Enforcement Act of 2015 

22 (Public Law 114–125)); 

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1 stances, agriculture, or monetary in2 struments into the United States; or 

3 ‘‘(IV) any Federal law relating to 

4 border controls measures of the 

5 United States. 

6 ‘‘(2) PENALTY.—Any person who violates para7 graph (1) shall be fined under title 18, United 

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

9 or both.’’. 

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

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

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

13 to section 274D the following: 

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

14 SEC. 10. MODIFICATION OF HOMELAND SECURITY INVES15 TIGATIONS’ AUTHORITY FOR AIRCRAFT SEI16 ZURE AND FORFEITURE. 

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

18 is amended by striking ‘‘or the Commissioner of U.S. Cus19 toms and Border Protection’’ and inserting ‘‘, the Com20 missioner of U.S. Customs and Border Protection, or the 

21 Director of U.S. Immigration and Customs Enforce22 ment.’’. 

Æ 


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