Enhancing DHS Drug Seizures Act
This bill addresses various issues related to border security.
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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9050 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9050
To restrict the flow of illicit drugs into the United States, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mrs. Flores introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
the Judiciary, Oversight and Reform, Foreign Affairs, and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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:
``SEC. 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>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Oversight and Reform, Foreign Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Oversight and Reform, Foreign Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Oversight and Reform, Foreign Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Oversight and Reform, Foreign Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Oversight and Reform, Foreign Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Referred to the Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation.
Referred to the Subcommittee on Oversight, Management, and Accountability.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Immigration and Citizenship.