II 

117TH CONGRESS 

2D SESSION S. 5052 

To require reports, evaluations, and research by the Department of Homeland 

Security regarding drug interdiction along the border, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. KELLY introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require reports, evaluations, and research by the Department of Homeland Security regarding drug interdiction 

along the border, 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. 

4 This Act may be cited as the ‘‘Securing America’s 

5 Borders Against Fentanyl Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 


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1 (A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; and 

3 (B) the Committee on Homeland Security 

4 of the House of Representatives. 

5 (2) DEPARTMENT.—The term ‘‘Department’’ 

6 means the Department of Homeland Security. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Homeland Security. 

9 SEC. 3. REPORTS, EVALUATIONS, AND RESEARCH REGARD10 ING DRUG INTERDICTION AT AND BETWEEN 

11 PORTS OF ENTRY. 

12 (a) RESEARCH ON ADDITIONAL TECHNOLOGIES TO

13 DETECT FENTANYL.— 

14 (1) IN GENERAL.—Not later than 1 year after 

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

16 in consultation with the Centers for Disease Control 

17 and Prevention, the Drug Enforcement Administra18 tion, the Food and Drug Administration, the De19 fense Advanced Research Projects Agency, the Intel20 ligence Advanced Research Projects Activity, and 

21 any other Federal agency that the Secretary deems 

22 appropriate, shall research additional technological 

23 solutions— 

24 (A) to target and detect illicit fentanyl and 

25 its precursors, including low-purity fentanyl, esVerDate Sep 11 2014 02:56 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5052.IS S5052

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1 pecially in counterfeit pressed tablets, and illicit 

2 pill press molds; 

3 (B) to enhance targeting of counterfeit 

4 pills through nonintrusive, noninvasive, and 

5 other visual screening technologies; and 

6 (C) to enhance data-driven targeting to in7 crease interdiction and seizure rates of fentanyl, 

8 its precursors, and illicit pill press molds. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to the De11 partment $20,000,000 for each of the fiscal years 

12 2023 through 2027 to carry out this subsection. 

13 (b) EVALUATION OF CURRENT TECHNOLOGIES AND

14 STRATEGIES IN ILLICIT DRUG INTERDICTION AND PRO15 CUREMENT DECISIONS.— 

16 (1) ESTABLISHMENT OF DATA COLLECTION

17 PROGRAM.— 

18 (A) IN GENERAL.—The Secretary, in con19 sultation with the Administrator of the Drug 

20 Enforcement Administration, the Director of 

21 the Federal Bureau of Investigation, the Direc22 tor of the Centers for Disease Control and Pre23 vention, the Commissioner of Food and Drugs, 

24 and the Postmaster General, shall establish a 

25 program to collect available data and develop 


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1 metrics to measure the effectiveness of tech2 nologies and strategies used by the Department 

3 (including U.S. Customs and Border Protec4 tion) and other relevant Federal agencies for 

5 detecting, deterring, or addressing illicit 

6 fentanyl and its precursors being trafficking 

7 into the United States at and between land, air, 

8 and sea ports of entry. 

9 (B) CONSIDERATIONS.—The data and 

10 metrics program established pursuant to sub11 paragraph (A) may consider— 

12 (i) the rate of detection of fentanyl at 

13 random secondary inspections at such 

14 ports of entry; 

15 (ii) investigations and intelligence 

16 sharing into the origins of illicit fentanyl 

17 later detected within the United States; 

18 and 

19 (iii) other data or metrics that the 

20 Secretary considers appropriate. 

21 (C) UPDATES.—The Secretary, as appro22 priate and in the coordination with the officials 

23 referred to in subparagraph (A), may update 

24 the data and metrics program established pur25 suant to subparagraph (A). 


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1 (2) REPORTS.— 

2 (A) DEPARTMENT OF HOMELAND SECU3 RITY.—Not later than 1 year after the date of 

4 the enactment of this Act and biennially there5 after, the Secretary, in consultation with the 

6 Administrator of the Drug Enforcement Admin7 istration, the Director of the Federal Bureau of 

8 Investigation, the Director of the Centers for 

9 Disease Control and Prevention, the Commis10 sioner of Food and Drugs, and the Postmaster 

11 General shall, based on the data collected and 

12 metrics developed under the program estab13 lished pursuant to paragraph (1), submit a re14 port to the appropriate congressional commit15 tees that— 

16 (i) examines and analyzes current 

17 technologies deployed at land, air, and sea 

18 ports of entry, including pilot technologies 

19 and technologies used to inspect inter20 national mail and express cargo, to assess 

21 how well and accurately such technologies 

22 detect, deter, interdict, and address 

23 fentanyl and its precursors; 

24 (ii) examines and analyzes current 

25 technologies deployed between land ports 


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1 of entry, including pilot technologies, to as2 sess how well and accurately such tech3 nologies detect, deter, interdict, and ad4 dress fentanyl and its precursors; 

5 (iii) contains a cost-benefit analysis of 

6 technologies used in drug interdiction; and 

7 (iv) describes how such analysis may 

8 be used when making procurement deci9 sions relating to such technologies. 

10 (B) GOVERNMENT ACCOUNTABILITY OF11 FICE.—Not later than 1 year after the submis12 sion of each report required under subpara13 graph (A), the Comptroller General of the 

14 United States shall submit a report to the ap15 propriate congressional committees that evalu16 ates and, as appropriate, makes recommenda17 tions to improve, the data collected and metrics 

18 used in each such report. 

19 SEC. 4. OFFICE OF NATIONAL DRUG CONTROL POLICY PER20 FORMANCE MEASUREMENT SYSTEM SUPPLE21 MENTAL STRATEGIES. 

22 Section 706 of the Office of National Drug Control 

23 Policy Reauthorization Act of 1998 (21 U.S.C. 1705) is 

24 amended— 

25 (1) in subsection (h)— 


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1 (A) in paragraph (5), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (6), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(7) develops performance measures and tar7 gets for the National Drug Control Strategy for sup8 plemental strategies (including the Southwest Bor9 der, Northern Border, and Caribbean Border Coun10 ternarcotics Strategies)— 

11 ‘‘(A) to effectively evaluate region-specific 

12 goals, to the extent the performance measure13 ment system does not adequately measure the 

14 effectiveness of the strategies, as determined by 

15 the Director; and 

16 ‘‘(B) may evaluate interdiction efforts at 

17 and between ports of entry, interdiction tech18 nology, intelligence sharing, diplomacy, and 

19 other appropriate metrics, specific to each sup20 plemental strategies region, as determined by 

21 the Director.’’. 

Æ 


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