II 117th CONGRESS 2d Session S. 5052 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. Short title This Act may be cited as the Securing America’s Borders Against Fentanyl Act . 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. 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. 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. .