H.R. 9050 – Reading Mode

117th CONGRESS

2d Session

H. R. 9050

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.

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.

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.

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).

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,.

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.

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:

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:

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.

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.

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.

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:

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.

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..