[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5052 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5052
To require reports, evaluations, and research by the Department of
Homeland Security regarding drug interdiction along the border, and for
other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Borders Against
Fentanyl Act''.
SEC. 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.
SEC. 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.
SEC. 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.''.
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