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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4645 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Enhancing DHS Drug 
Seizures Act''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. DRUG TESTING AND DETECTION TOOLS.

    The Secretary of Homeland Security shall enhance the research and 
development needs and activities of the Department of Homeland Security 
related to fentanyl and other illicit drugs in accordance with section 
309(a) of the Homeland Security Act of 2002 (6 U.S.C. 189(a)) through 
coordination and communication with the National Laboratories (as 
defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
15801)) or other appropriate scientific research and development 
entities.

SEC. 3. COORDINATION AND INFORMATION SHARING.

    (a) Public-Private Partnerships.--
            (1) Strategy.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        develop a strategy to strengthen existing and establish new 
        public-private partnerships with shipping, chemical, and 
        pharmaceutical industries to assist with early detection and 
        interdiction of illicit drugs and precursor chemicals.
            (2) Contents.--The strategy required under paragraph (1) 
        shall contain goals and objectives for employees of the 
        Department of Homeland Security to ensure the tactics, 
        techniques, and procedures gained from the public-private 
        partnerships described in paragraph (1) are included in 
        policies, best practices, and training for the Department.
            (3) Implementation plan.--Not later than 180 days after 
        developing the strategy required under paragraph (1), the 
        Secretary of Homeland Security shall develop an implementation 
        plan for the strategy, which shall outline departmental lead 
        and support roles, responsibilities, programs, and timelines 
        for accomplishing the goals and objectives of the strategy.
            (4) Briefing.--The Secretary of Homeland Security shall 
        provide annual briefings to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives regarding the 
        progress made in addressing the implementation plan developed 
        pursuant to paragraph (3).
    (b) Assessment of Drug Task Forces.--
            (1) In general.--The Secretary of Homeland Security shall 
        conduct an assessment of the counterdrug task forces in which 
        the Department of Homeland Security, including components of 
        the Department, participates in or leads, which shall include--
                    (A) areas of potential overlap;
                    (B) opportunities for sharing information and best 
                practices;
                    (C) how the Department's processes for ensuring 
                accountability and transparency in its vetting and 
                oversight of partner agency task force members align 
                with best practices; and
                    (D) corrective action plans for any capability 
                limitations and deficient or negative findings 
                identified in the report for any such task forces led 
                by the Department.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit a report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives that contains 
        a summary of the results of the assessment conducted pursuant 
        to paragraph (1).
            (3) Corrective action plan.--The Secretary of Homeland 
        Security shall--
                    (A) implement the corrective action plans described 
                in paragraph (1)(D) immediately after the submission of 
                the report pursuant to paragraph (2); and
                    (B) provide annual briefings to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Homeland Security of the 
                House of Representatives regarding the progress made in 
                implementing the corrective action plans.
    (c) Combination of Briefings.--The Secretary of Homeland Security 
may combine the briefings required under subsections (a)(4) and (b)(3).

SEC. 4. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL 
              DEPLOYED ABROAD.

    Section 151 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 5 U.S.C. 5928 note) is amended 
by inserting ``the Department of Homeland Security,'' after 
``Investigation,''.

SEC. 5. IMPROVING TRAINING TO FOREIGN-VETTED LAW ENFORCEMENT OR 
              NATIONAL SECURITY UNITS.

    The Secretary of Homeland Security, or the designee of the 
Secretary, may waive reimbursement for salary expenses of Department of 
Homeland Security for personnel providing training to foreign-vetted 
law enforcement or national security units in accordance with an 
agreement with the Department of Defense pursuant to section 1535 of 
title 31, United States Code.

SEC. 6. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND BORDER PROTECTION 
              IN FOREIGN COUNTRIES.

    (a) Operations in Foreign Countries and Support to Foreign 
Authorities.--
            (1) In general.--The Tariff Act of 1930 (19 U.S.C. 1304 et 
        seq.) is amended by inserting after section 629 the following:

``SEC. 629A. OPERATIONS IN FOREIGN COUNTRIES AND SUPPORT TO FOREIGN 
              AUTHORITIES.

    ``(a) In General.--Notwithstanding any other provision of law, 
employees of U.S. Customs and Border Protection and other customs 
officers designated in accordance with section 401(i) may provide the 
support described in subsection (b) to authorities of the government of 
a foreign county, including by conducting joint operations with 
appropriate law enforcement officials within the territory of that 
country, if an arrangement has been entered into between the Government 
of the United States and the government of that country under which the 
provision of such support by U.S. Customs and Border Protection is 
permitted.
    ``(b) Support Described.--Support described in this subsection is 
air and marine support for--
            ``(1) the detection, deterrence, interdiction, and 
        disruption of--
                    ``(A) the transit of illegal drugs into the United 
                States;
                    ``(B) the illicit traffic of persons and goods into 
                the United States;
                    ``(C) terrorist threats to the United States; and
                    ``(D) other threats to the security or economy of 
                the United States;
            ``(2) emergency humanitarian efforts; and
            ``(3) law enforcement capacity-building efforts.''.
            (2) Conforming amendment.--Section 411(f) of the Homeland 
        Security Act of 2002 (6 U.S.C. 211(f)) is amended--
                    (A) by redesignating paragraph (4) as paragraph 
                (5); and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Permissible activities.--Air and Marine Operations 
        may provide support to authorities of the government of a 
        foreign county, including by conducting aviation and marine 
        operations, in conjunction with appropriate government 
        officials from the United States and such foreign country in 
        accordance with section 629A of the Tariff Act of 1930.''.
    (b) Claims Against U.S. Customs and Border Protection for Actions 
in Foreign Countries.--The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) 
is further amended by inserting after section 629A, as added by 
subsection (a)(1), the following:

``SEC. 629B. PAYMENT OF CLAIMS AGAINST U.S. CUSTOMS AND BORDER 
              PROTECTION FOR ACTIONS IN FOREIGN COUNTRIES.

    ``(a) Definitions.--In this section:
            ``(1) Covered claim.--The term `covered claim' means a 
        claim against the United States--
                    ``(A) for--
                            ``(i) damage to, or loss of, real property 
                        of a foreign country or a political subdivision 
                        or resident of a foreign country, including 
                        damage or loss incident to use and occupancy of 
                        such real property;
                            ``(ii) damage to, or loss of, personal 
                        property of a foreign country or a political 
                        subdivision or resident of a foreign country, 
                        including property bailed to the United States; 
                        or
                            ``(iii) personal injury to, or death of, a 
                        resident of a foreign country; and
                    ``(B) if the damage, loss, personal injury, or 
                death--
                            ``(i) that occurred in a foreign country; 
                        and
                            ``(ii) was caused by, or was otherwise 
                        incident to the activities of, U.S. Customs and 
                        Border Protection.
            ``(2) Foreign country.--The term `foreign country' includes 
        any place under the jurisdiction of the United States in a 
        foreign country.
    ``(b) In General.--The Secretary of Homeland Security may settle 
and pay a covered claim in an amount that does not exceed $100,000 from 
amounts appropriated for the operating expenses of U.S. Customs and 
Border Protection.
    ``(c) Appointment of Approval Authorities.--The Secretary of 
Homeland Security, or an employee of the Department of Homeland 
Security who has been designated by the Secretary, may appoint, under 
such regulations as the Secretary may prescribe--
            ``(1) a claims commission, composed of one or more 
        employees of the Department of Homeland Security, to settle and 
        pay covered claims that do not exceed $100,000; and
            ``(2) an employee of the Department to act as an approval 
        authority for settlement and payment of covered claims that do 
        not exceed $10,000.
    ``(d) Payment of Claims Exceeding $100,000.--
            ``(1) In general.--If the Secretary of Homeland Security 
        determines that a covered claim that exceeds $100,000 is 
        meritorious, the Secretary may--
                    ``(A) pay the claimant $100,000; and
                    ``(B) report to the Secretary of the Treasury, for 
                payment under section 1304 of title 31, United States 
                Code, the amount of the claim that--
                            ``(i) exceeds $100,000; and
                            ``(ii) the Secretary of Homeland Security 
                        determines is meritorious.
            ``(2) Annual report.--The Secretary shall submit an annual 
        report to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives that lists the claims during the 
        reporting period that exceeded $100,000, including the amount 
        of the claim paid and a description of the nature of the claim. 
        The report shall be submitted in an unclassified form, but may 
        include a classified annex.
    ``(e) Limitations.--
            ``(1) Claims considered.--The claim of an insured may be 
        considered under this section, but the claim of a subrogee may 
        not be considered under this section.
            ``(2) Time limitation on filing of claims.--A covered claim 
        may not be filed after the date that is 2 years after the 
        occurrence of the damage, loss, personal injury, or death that 
        is the subject of the claim.
            ``(3) Full satisfaction required.--Except as provided in 
        subsection (d), the Secretary of Homeland Security may not 
        settle or pay a covered claim unless the amount of the payment 
        is accepted by the claimant as full satisfaction for the 
        claim.''.

SEC. 7. DRUG SEIZURE DATA IMPROVEMENT.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall conduct a study 
to identify any opportunities for improving drug seizure data 
collection.
    (b) Elements.--The study required under subsection (a) shall--
            (1) include a survey of the entities that use drug seizure 
        data; and
            (2) address--
                    (A) any additional data fields or drug type 
                categories that should be added to U.S. Customs and 
                Border Protection's SEACATS, U.S. Border Patrol's e3 
                portal, and any other systems deemed appropriate by the 
                Commissioner of U.S. Customs and Border Protection, in 
                accordance with the first recommendation in the 
                Government Accountability Office's report GAO-22-
                104725, entitled ``Border Security: CBP Could Improve 
                How It Categorizes Drug Seizure Data and Evaluates 
                Training'';
                    (B) how all the Department of Homeland Security 
                components that collect drug seizure data can 
                standardize their data collection efforts and 
                deconflict drug seizure reporting;
                    (C) how the Department of Homeland Security can 
                better identify, collect, and analyze additional data 
                on precursor chemicals, synthetic drugs, novel 
                psychoactive substances, and analogues that have been 
                seized by U.S. Customs and Border Protection and U.S. 
                Immigration and Customs Enforcement; and
                    (D) how the Department of Homeland Security can 
                improve its model of anticipated drug flow into the 
                United States.
    (c) Implementation of Findings.--Following the completion of the 
study required under subsection (a)--
            (1) the Secretary of Homeland Security, in accordance with 
        the Office of National Drug Control Policy's 2022 National Drug 
        Control Strategy, shall modify Department of Homeland Security 
        drug seizure policies and training programs, as appropriate, 
        consistent with the findings of such study; and
            (2) the Commissioner of U.S. Customs and Border Protection, 
        in consultation with the Director of U.S. Immigration and 
        Customs Enforcement, shall make any necessary updates to 
        relevant systems to include the results of confirmatory drug 
        testing results.

SEC. 8. DRUG PERFORMANCE MEASURES.

     Not later than 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall develop and implement a 
Department of Homeland Security plan--
            (1) to ensure that components of the Department develop and 
        maintain outcome-based performance measures that adequately 
        assess the success of drug interdiction; and
            (2) for how to utilize the existing drug-related metrics 
        and performance measures to achieve the missions, goals, and 
        targets of the Department, and if additional metrics and 
        measures are needed.

SEC. 9. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
              CONTROLS.

    (a) Personnel and Structures.--Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after 
section 274D the following:

``SECTION 274E. DESTROYING OR EVADING BORDER CONTROLS.

    ``(a) Illicit Spotting.--
            ``(1) In general.--It shall be unlawful to knowingly 
        surveil, track, monitor, or transmit the location, movement, or 
        activities of any officer or employee of a Federal, State, or 
        Tribal law enforcement agency with the intent to knowingly and 
        willfully--
                    ``(A) secure a financial gain;
                    ``(B) further the objectives of a criminal 
                organization; and
                    ``(C) violate--
                            ``(i) section 274(a)(1)(A)(i);
                            ``(ii) the customs and trade laws of the 
                        United States (as defined in section 2(4) of 
                        the Trade Facilitation and Trade Enforcement 
                        Act of 2015 (Public Law 114-125));
                            ``(iii) any other Federal law relating to 
                        transporting controlled substances, 
                        agriculture, or monetary instruments into the 
                        United States; or
                            ``(iv) any Federal law relating to border 
                        controls measures of the United States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.
    ``(b) Destruction of United States Border Controls.--
            ``(1) In general.--It shall be unlawful to knowingly and 
        without lawful authorization--
                    ``(A)(i) destroy or significantly damage any fence, 
                barrier, sensor, camera, or other physical or 
                electronic device deployed by the Federal Government to 
                control an international border of, or a port of entry 
                to, the United States; or
                    ``(ii) otherwise construct, excavate, or make any 
                structure intended to defeat, circumvent or evade such 
                a fence, barrier, sensor camera, or other physical or 
                electronic device deployed by the Federal Government to 
                control an international border of, or a port of entry 
                to, the United States; and
                    ``(B) in carrying out an act described in paragraph 
                (1), have the intent to knowingly and willfully--
                            ``(i) secure a financial gain;
                            ``(ii) further the objectives of a criminal 
                        organization; and
                            ``(iii) violate--
                                    ``(I) section 274(a)(1)(A)(i);
                                    ``(II) the customs and trade laws 
                                of the United States (as defined in 
                                section 2(4) of the Trade Facilitation 
                                and Trade Enforcement Act of 2015 
                                (Public Law 114-125));
                                    ``(III) any other Federal law 
                                relating to transporting controlled 
                                substances, agriculture, or monetary 
                                instruments into the United States; or
                                    ``(IV) any Federal law relating to 
                                border controls measures of the United 
                                States.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 274D the following:

``Sec. 274E. Destroying or evading border controls.''.

SEC. 10. MODIFICATION OF HOMELAND SECURITY INVESTIGATIONS' AUTHORITY 
              FOR AIRCRAFT SEIZURE AND FORFEITURE.

    Section 46306(d)(1) of title 49, United States Code, is amended by 
striking ``or the Commissioner of U.S. Customs and Border Protection'' 
and inserting ``, the Commissioner of U.S. Customs and Border 
Protection, or the Director of U.S. Immigration and Customs 
Enforcement.''.
                                 <all>
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