Securing America’s Borders Against Fentanyl Act
Bill: S.5052 | Sponsor: Sen. Kelly, Mark (D-AZ)
Policy area: Immigration

Summary:
Securing America's Borders Against Fentanyl Act
This bill requires research and reports on technology to address illicit drug trafficking.
For example, the Department of Homeland Security (DHS) must develop a program to measure the effectiveness of technologies and strategies used by federal agencies to address the illicit trafficking of fentanyl and its precursors into the United States. Under the program, DHS must periodically report to Congress an analysis of technologies used in drug interdiction. The Government Accountability Office must periodically report to Congress on recommendations for improving the data collected and metrics used under the program.

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

    This Act may be cited as the ``Securing America's Borders Against 
Fentanyl Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. REPORTS, EVALUATIONS, AND RESEARCH REGARDING DRUG INTERDICTION 
              AT AND BETWEEN PORTS OF ENTRY.

    (a) Research on Additional Technologies To Detect Fentanyl.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary, in consultation with 
        the Centers for Disease Control and Prevention, the Drug 
        Enforcement Administration, the Food and Drug Administration, 
        the Defense Advanced Research Projects Agency, the Intelligence 
        Advanced Research Projects Activity, and any other Federal 
        agency that the Secretary deems appropriate, shall research 
        additional technological solutions--
                    (A) to target and detect illicit fentanyl and its 
                precursors, including low-purity fentanyl, especially 
                in counterfeit pressed tablets, and illicit pill press 
                molds;
                    (B) to enhance targeting of counterfeit pills 
                through nonintrusive, noninvasive, and other visual 
                screening technologies; and
                    (C) to enhance data-driven targeting to increase 
                interdiction and seizure rates of fentanyl, its 
                precursors, and illicit pill press molds.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Department $20,000,000 for each of 
        the fiscal years 2023 through 2027 to carry out this 
        subsection.
    (b) Evaluation of Current Technologies and Strategies in Illicit 
Drug Interdiction and Procurement Decisions.--
            (1) Establishment of data collection program.--
                    (A) In general.--The Secretary, in consultation 
                with the Administrator of the Drug Enforcement 
                Administration, the Director of the Federal Bureau of 
                Investigation, the Director of the Centers for Disease 
                Control and Prevention, the Commissioner of Food and 
                Drugs, and the Postmaster General, shall establish a 
                program to collect available data and develop metrics 
                to measure the effectiveness of technologies and 
                strategies used by the Department (including U.S. 
                Customs and Border Protection) and other relevant 
                Federal agencies for detecting, deterring, or 
                addressing illicit fentanyl and its precursors being 
                trafficking into the United States at and between land, 
                air, and sea ports of entry.
                    (B) Considerations.--The data and metrics program 
                established pursuant to subparagraph (A) may consider--
                            (i) the rate of detection of fentanyl at 
                        random secondary inspections at such ports of 
                        entry;
                            (ii) investigations and intelligence 
                        sharing into the origins of illicit fentanyl 
                        later detected within the United States; and
                            (iii) other data or metrics that the 
                        Secretary considers appropriate.
                    (C) Updates.--The Secretary, as appropriate and in 
                the coordination with the officials referred to in 
                subparagraph (A), may update the data and metrics 
                program established pursuant to subparagraph (A).
            (2) Reports.--
                    (A) Department of homeland security.--Not later 
                than 1 year after the date of the enactment of this Act 
                and biennially thereafter, the Secretary, in 
                consultation with the Administrator of the Drug 
                Enforcement Administration, the Director of the Federal 
                Bureau of Investigation, the Director of the Centers 
                for Disease Control and Prevention, the Commissioner of 
                Food and Drugs, and the Postmaster General shall, based 
                on the data collected and metrics developed under the 
                program established pursuant to paragraph (1), submit a 
                report to the appropriate congressional committees 
                that--
                            (i) examines and analyzes current 
                        technologies deployed at land, air, and sea 
                        ports of entry, including pilot technologies 
                        and technologies used to inspect international 
                        mail and express cargo, to assess how well and 
                        accurately such technologies detect, deter, 
                        interdict, and address fentanyl and its 
                        precursors;
                            (ii) examines and analyzes current 
                        technologies deployed between land ports of 
                        entry, including pilot technologies, to assess 
                        how well and accurately such technologies 
                        detect, deter, interdict, and address fentanyl 
                        and its precursors;
                            (iii) contains a cost-benefit analysis of 
                        technologies used in drug interdiction; and
                            (iv) describes how such analysis may be 
                        used when making procurement decisions relating 
                        to such technologies.
                    (B) Government accountability office.--Not later 
                than 1 year after the submission of each report 
                required under subparagraph (A), the Comptroller 
                General of the United States shall submit a report to 
                the appropriate congressional committees that evaluates 
                and, as appropriate, makes recommendations to improve, 
                the data collected and metrics used in each such 
                report.

SEC. 4. OFFICE OF NATIONAL DRUG CONTROL POLICY PERFORMANCE MEASUREMENT 
              SYSTEM SUPPLEMENTAL STRATEGIES.

    Section 706 of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1705) is amended--
            (1) in subsection (h)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) develops performance measures and targets for the 
        National Drug Control Strategy for supplemental strategies 
        (including the Southwest Border, Northern Border, and Caribbean 
        Border Counternarcotics Strategies)--
                    ``(A) to effectively evaluate region-specific 
                goals, to the extent the performance measurement system 
                does not adequately measure the effectiveness of the 
                strategies, as determined by the Director; and
                    ``(B) may evaluate interdiction efforts at and 
                between ports of entry, interdiction technology, 
                intelligence sharing, diplomacy, and other appropriate 
                metrics, specific to each supplemental strategies 
                region, as determined by the Director.''.
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