,,ii #aagth ,,congress #b;d ,session ,s4 #dfde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbb,mr4 ,peters 7for himself and ,mr4 ,hawley7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to restrict the flow of illicit drugs into the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,enhancing ,,dhs ,drug ,seizures ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,drug testing and detection tools4,sec4 #c4 ,coordination and information sharing4,sec4 #d4 ,danger pay for ,department of ,homeland ,security personnel deployed abroad4,sec4 #e4 ,improving training to foreign-vetted law enforcement or national security units4,sec4 #f4 ,enhancing the operations of ,u4,s4 ,customs and ,border ,protection in foreign countries4,sec4 #g4 ,drug seizure data improvement4,sec4 #h4 ,drug performance measures4,sec4 #i4 ,penalties for hindering immigration1 border1 and customs controls4,sec4 #aj4 ,modification of ,homeland ,security ,investigations' authority for aircraft seizure and forfeiture4 #b4 ,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 #cji7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ahi7;a77 through coordination and communication with the ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja77 or other appropriate scientific research and development entities4 #c4 ,coordination and information sharing 7a7 ,public-,private partnerships 7#a7 ,strategy ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall develop a strategy to strengthen existing and establish new public-private partnerships with shipping1 chemical1 and pharmaceutical industries to assist with early detection and interdiction of illicit drugs and precursor chemicals4 7#b7 ,contents ,the strategy required under paragraph 7#a7 shall contain goals and objectives for employees of the ,department of ,homeland ,security to ensure the tactics1 techniques1 and procedures gained from the public-private partnerships described in paragraph 7#a7 are included in policies1 best practices1 and training for the ,department4 7#c7 ,implementation plan ,not later than #ahj days after developing the strategy required under paragraph 7#a71 the ,secretary of ,homeland ,security shall develop an implementation plan for the strategy1 which shall outline departmental lead and support roles1 responsibilities1 programs1 and timelines for accomplishing the goals and objectives of the strategy4 7#d7 ,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 7#c74 7b7 ,assessment of drug task forces 7#a7 ,in general ,the ,secretary of ,homeland ,security shall conduct an assessment of the counterdrug task forces in which the ,department of ,homeland ,security1 including components of the ,department1 participates in or leads1 which shall include-- 7,a7 areas of potential overlap2 7,b7 opportunities for sharing information and best practices2 7,c7 how the ,department's processes for ensuring accountability and transparency in its vetting and oversight of partner agency task force members align with best practices2 and 7,d7 corrective action plans for any capability limitations and deficient or negative findings identified in the report for any such task forces led by the ,department4 7#b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 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 7#a74 7#c7 ,corrective action plan ,the ,secretary of ,homeland ,security shall-- 7,a7 implement the corrective action plans described in paragraph 7#a77;,d7 immediately after the submission of the report pursuant to paragraph 7#b72 and 7,b7 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 plans4 7c7 ,combination of briefings ,the ,secretary of ,homeland ,security may combine the briefings required under subsections 7a77#d7 and 7b77#c74 #d4 ,danger pay for ,department of ,homeland ,security personnel deployed abroad ,section #aea of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiij and #aiia 7,public ,law #aja-bdf2 #e ,u4,s4,c4 #eibh note7 is amended by inserting the ,department of ,homeland ,security1 after ,investigation14 #e4 ,improving training to foreign-vetted law enforcement or national security units ,the ,secretary of ,homeland ,security1 or the designee of the ,secretary1 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 #aece of title #ca1 ,united ,states ,code4 #f4 ,enhancing the operations of ,u4,s4 ,customs and ,border ,protection in foreign countries 7a7 ,operations in foreign countries and support to foreign authorities 7#a7 ,in general ,the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd et seq47 is amended by inserting after section #fbi the following3 #fbi;,a4 ,operations in foreign countries and support to foreign authorities 7a7 ,in general ,notwithstanding any other provision of law1 employees of ,u4,s4 ,customs and ,border ,protection and other customs officers designated in accordance with section #dja7;i7 may provide the support described in subsection 7b7 to authorities of the government of a foreign county1 including by conducting joint operations with appropriate law enforcement officials within the territory of that country1 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 ,u4,s4 ,customs and ,border ,protection is permitted4 7b7 ,support described ,support described in this subsection is air and marine support for-- 7#a7 the detection1 deterrence1 interdiction1 and disruption of-- 7,a7 the transit of illegal drugs into the ,united ,states2 7,b7 the illicit traffic of persons and goods into the ,united ,states2 7,c7 terrorist threats to the ,united ,states2 and 7,d7 other threats to the security or economy of the ,united ,states2 7#b7 emergency humanitarian efforts2 and 7#c7 law enforcement capacity-building efforts4 4 7#b7 ,conforming amendment ,section #daa7;f7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;f77 is amended-- 7,a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,permissible activities ,air and ,marine ,operations may provide support to authorities of the government of a foreign county1 including by conducting aviation and marine operations1 in conjunction with appropriate government officials from the ,united ,states and such foreign country in accordance with section #fbi;,a of the ,tariff ,act of #aicj4 4 7b7 ,claims against ,u4,s4 ,customs and ,border ,protection for actions in foreign countries ,the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd et seq47 is further amended by inserting after section #fbi;,a1 as added by subsection 7a77#a71 the following3 #fbi;,b4 ,payment of claims against ,u4,s4 ,customs and ,border ,protection for actions in foreign countries 7a7 ,definitions ,in this section3 7#a7 ,covered claim ,the term covered claim means a claim against the ,united ,states-- 7,a7 for-- 7i7 damage to1 or loss of1 real property of a foreign country or a political subdivision or resident of a foreign country1 including damage or loss incident to use and occupancy of such real property2 7ii7 damage to1 or loss of1 personal property of a foreign country or a political subdivision or resident of a foreign country1 including property bailed to the ,united ,states2 or 7iii7 personal injury to1 or death of1 a resident of a foreign country2 and 7,b7 if the damage1 loss1 personal injury1 or death-- 7i7 that occurred in a foreign country2 and 7ii7 was caused by1 or was otherwise incident to the activities of1 ,u4,s4 ,customs and ,border ,protection4 7#b7 ,foreign country ,the term foreign country includes any place under the jurisdiction of the ,united ,states in a foreign country4 7b7 ,in general ,the ,secretary of ,homeland ,security may settle and pay a covered claim in an amount that does not exceed #ajj1jjj from amounts appropriated for the operating expenses of ,u4,s4 ,customs and ,border ,protection4 7c7 ,appointment of approval authorities ,the ,secretary of ,homeland ,security1 or an employee of the ,department of ,homeland ,security who has been designated by the ,secretary1 may appoint1 under such regulations as the ,secretary may prescribe-- 7#a7 a claims commission1 composed of one or more employees of the ,department of ,homeland ,security1 to settle and pay covered claims that do not exceed #ajj1jjj2 and 7#b7 an employee of the ,department to act as an approval authority for settlement and payment of covered claims that do not exceed #aj1jjj4 7d7 ,payment of claims exceeding #ajj1jjj 7#a7 ,in general ,if the ,secretary of ,homeland ,security determines that a covered claim that exceeds #ajj1jjj is meritorious1 the ,secretary may-- 7,a7 pay the claimant #ajj1jjj2 and 7,b7 report to the ,secretary of the ,treasury1 for payment under section #acjd of title #ca1 ,united ,states ,code1 the amount of the claim that-- 7i7 exceeds #ajj1jjj2 and 7ii7 the ,secretary of ,homeland ,security determines is meritorious4 7#b7 ,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 #ajj1jjj1 including the amount of the claim paid and a description of the nature of the claim4 ,the report shall be submitted in an unclassified form1 but may include a classified annex4 7e7 ,limitations 7#a7 ,claims considered ,the claim of an insured may be considered under this section1 but the claim of a subrogee may not be considered under this section4 7#b7 ,time limitation on filing of claims ,a covered claim may not be filed after the date that is #b years after the occurrence of the damage1 loss1 personal injury1 or death that is the subject of the claim4 7#c7 ,full satisfaction required ,except as provided in subsection 7d71 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 claim4 4 #g4 ,drug seizure data improvement 7a7 ,study ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall conduct a study to identify any opportunities for improving drug seizure data collection4 7b7 ,elements ,the study required under subsection 7a7 shall-- 7#a7 include a survey of the entities that use drug seizure data2 and 7#b7 address-- 7,a7 any additional data fields or drug type categories that should be added to ,u4,s4 ,customs and ,border ,protection's ,,seacats1 ,u4,s4 ,border ,patrol's e#c portal1 and any other systems deemed appropriate by the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in accordance with the first recommendation in the ,government ,accountability ,office's report ,,gao-#bb-ajdgbe1 entitled ,border ,security3 ,,cbp ,could ,improve ,how ,it ,categorizes ,drug ,seizure ,data and ,evaluates ,training2 7,b7 how all the ,department of ,homeland ,security components that collect drug seizure data can standardize their data collection efforts and deconflict drug seizure reporting2 7,c7 how the ,department of ,homeland ,security can better identify1 collect1 and analyze additional data on precursor chemicals1 synthetic drugs1 novel psychoactive substances1 and analogues that have been seized by ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,d7 how the ,department of ,homeland ,security can improve its model of anticipated drug flow into the ,united ,states4 7c7 ,implementation of findings ,following the completion of the study required under subsection 7a7-- 7#a7 the ,secretary of ,homeland ,security1 in accordance with the ,office of ,national ,drug ,control ,policy's #bjbb ,national ,drug ,control ,strategy1 shall modify ,department of ,homeland ,security drug seizure policies and training programs1 as appropriate1 consistent with the findings of such study2 and 7#b7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in consultation with the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall make any necessary updates to relevant systems to include the results of confirmatory drug testing results4 #h4 ,drug performance measures ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall develop and implement a ,department of ,homeland ,security plan-- 7#a7 to ensure that components of the ,department develop and maintain outcome-based performance measures that adequately assess the success of drug interdiction2 and 7#b7 for how to utilize the existing drug-related metrics and performance measures to achieve the missions1 goals1 and targets of the ,department1 and if additional metrics and measures are needed4 #i4 ,penalties for hindering immigration1 border1 and customs controls 7a7 ,personnel and structures ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by inserting after section #bgd;,d the following3 #bgd;,e4 ,destroying or evading border controls 7a7 ,illicit spotting 7#a7 ,in general ,it shall be unlawful to knowingly surveil1 track1 monitor1 or transmit the location1 movement1 or activities of any officer or employee of a ,federal1 ,state1 or ,tribal law enforcement agency with the intent to knowingly and willfully-- 7,a7 secure a financial gain2 7,b7 further the objectives of a criminal organization2 and 7,c7 violate-- 7i7 section #bgd7;a77#a77;,a77i72 7ii7 the customs and trade laws of the ,united ,states 7as defined in section #b7d7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe772 7iii7 any other ,federal law relating to transporting controlled substances1 agriculture1 or monetary instruments into the ,united ,states2 or 7iv7 any ,federal law relating to border controls measures of the ,united ,states4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 7b7 ,destruction of ,united ,states border controls 7#a7 ,in general ,it shall be unlawful to knowingly and without lawful authorization-- 7,a7 7i7 destroy or significantly damage any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal ,government to control an international border of1 or a port of entry to1 the ,united ,states2 or 7ii7 otherwise construct1 excavate1 or make any structure intended to defeat1 circumvent or evade such a fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal ,government to control an international border of1 or a port of entry to1 the ,united ,states2 and 7,b7 in carrying out an act described in paragraph 7#a71 have the intent to knowingly and willfully-- 7i7 secure a financial gain2 7ii7 further the objectives of a criminal organization2 and 7iii7 violate-- 7,i7 section #bgd7;a77#a77;,a77i72 7,,ii7 the customs and trade laws of the ,united ,states 7as defined in section #b7d7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe772 7,,iii7 any other ,federal law relating to transporting controlled substances1 agriculture1 or monetary instruments into the ,united ,states2 or 7,,iv7 any ,federal law relating to border controls measures of the ,united ,states4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bgd;,d the following3 ,sec4 #bgd;,e4 ,destroying or evading border controls4 4 #aj4 ,modification of ,homeland ,security ,investigations' authority for aircraft seizure and forfeiture ,section #dfcjf7;d77#a7 of title #di1 ,united ,states ,code1 is amended by striking or the ,commissioner of ,u4,s4 ,customs and ,border ,protection and inserting 1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 or the ,director of ,u4,s4 ,immigration and ,customs ,enforcement44