S.Amdt. 5935
What it does: Adds SEC. 1012. EMPOWERING HOMELAND SECURITY INVESTIGATIONS TO COUNTER DRUG SMUGGLING BY TRANSNATIONAL CRIMINAL ORGANIZATIONS at the end of subtitle B of title X
Sen. Rob Portman (R-OH)What it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 1012. EMPOWERING HOMELAND SECURITY INVESTIGATIONS TO COUNTER DRUG SMUGGLING BY TRANSNATIONAL CRIMINAL ORGANIZATIONS at the end of subtitle B of title X
Adds a sectionIn S.Amdt. 5499 as proposed
"(4) An assessment of the effectiveness of the activities described in paragraph (3) in addressing the threat described in paragraph (1).".
Inserted: SEC. 1012. EMPOWERING HOMELAND SECURITY INVESTIGATIONS TO COUNTER DRUG SMUGGLING BY TRANSNATIONAL CRIMINAL ORGANIZATIONS.
Inserted: (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following:
Inserted: "SEC. 437. COUNTERING DRUG SMUGGLING BY TRANSNATIONAL CRIMINAL ORGANIZATIONS.
Inserted: "(a) Program Established.--The Secretary shall establish a program that provides special agents of the Department described in subsection (c) and any State, tribal, or local law enforcement officers designated by the Secretary with the powers and authorities given to customs officers described in section 401(i) of the Tariff Act of 1930 (19 U.S.C. 1401(i)) to prevent the smuggling, trafficking, manufacture, and sale of drugs by transnational criminal organizations engaged in cross-border criminal operations, which shall be exercised in the performance of the special agents' existing functions related to customs and criminal law enforcement.
Inserted: "(b) Interagency Coordination and Deconfliction.--The Secretary shall ensure that the special agents authorized through the program established pursuant to subsection (a) conduct investigative data deconfliction, target data deconfliction, and event deconfliction with Federal, State, tribal, and local law enforcement agencies, including the Drug Enforcement Administration, during the course of criminal and customs investigations described in subsection (a), to more effectively coordinate investigative activity and ensure officer and agent safety.
Inserted: "(c) Scope.--The authority granted to special agents under subsection (a) is limited to special agents who have successfully completed--
Inserted: "(1) the Federal Law Enforcement Training Center's Criminal Investigator Training Program; and
Inserted: "(2)(A) Customs Basic Enforcement School, if the officer was hired before March 2003; or
Inserted: "(B) U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent Training, if the officer was hired during or after March 2003.".
Inserted: (b) Clerical Amendment.--The table of contents for the Homeland Security Act of 2002 (Public Law 107-296) is amended by inserting after the item relating to section 436 the following:
Inserted: "Sec. 437. Countering drug smuggling by transnational criminal organizations.".
Original wording
At the end of subtitle B of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5935. Mr. PORTMAN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title X, add the following:
SEC. 1012. EMPOWERING HOMELAND SECURITY INVESTIGATIONS TO COUNTER DRUG SMUGGLING BY TRANSNATIONAL CRIMINAL ORGANIZATIONS.
(a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following:
“SEC. 437. COUNTERING DRUG SMUGGLING BY TRANSNATIONAL CRIMINAL ORGANIZATIONS.
“(a) Program Established.--The Secretary shall establish a program that provides special agents of the Department described in subsection (c) and any State, tribal, or local law enforcement officers designated by the Secretary with the powers and authorities given to customs officers described in section 401(i) of the Tariff Act of 1930 (19 U.S.C. 1401(i)) to prevent the smuggling, trafficking, manufacture, and sale of drugs by transnational criminal organizations engaged in cross-border criminal operations, which shall be exercised in the performance of the special agents' existing functions related to customs and criminal law enforcement.
“(b) Interagency Coordination and Deconfliction.--The Secretary shall ensure that the special agents authorized through the program established pursuant to subsection (a) conduct investigative data deconfliction, target data deconfliction, and event deconfliction with Federal, State, tribal, and local law enforcement agencies, including the Drug Enforcement Administration, during the course of criminal and customs investigations described in subsection (a), to more effectively coordinate investigative activity and ensure officer and agent safety.
“(c) Scope.--The authority granted to special agents under subsection (a) is limited to special agents who have successfully completed--
“(1) the Federal Law Enforcement Training Center's Criminal Investigator Training Program; and
“(2)(A) Customs Basic Enforcement School, if the officer was hired before March 2003; or
“(B) U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent Training, if the officer was hired during or after March 2003.”.
(b) Clerical Amendment.--The table of contents for the Homeland Security Act of 2002 (Public Law 107-296) is amended by inserting after the item relating to section 436 the following:
“Sec. 437. Countering drug smuggling by transnational criminal organizations.”.
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Senate amendment submitted
September 28, 2022