Section 1 Short title
This Act may be cited as the “Securing America’s Borders Against Fentanyl Act”.
Securing America’s Borders Against Fentanyl Act
A BILL
To require reports, evaluations, and research by the Department of Homeland Security regarding drug interdiction along the border, and for other purposes.
Sec. 2 Reports, evaluations, and research regarding drug interdiction at and between ports of entry
Research on additional technologies To detect fentanyl—
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Centers for Disease Control and Prevention, the Federal Drug Administration, and the Defense Advanced Research Projects Agency, shall research additional technological solutions to—
target and detect illicit fentanyl and its precursors, including low-purity fentanyl, especially in counterfeit pressed tablets, and illicit pill press molds;
enhance targeting of counterfeit pills through nonintrusive, noninvasive, and other visual screening technologies; and
enhance data-driven targeting to increase seizure rates of fentanyl and its precursors.
Authorization of appropriations— There is authorized to be appropriated to the Secretary of Homeland Security to carry out this subsection $20,000,000 for each of fiscal years 2023 through 2027.
Evaluation of current technologies and strategies in illicit drug interdiction and procurement decisions—
In general— The Secretary of Homeland Security, 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, and the Commissioner of Food and Drugs, shall establish a program to collect available data and develop metrics to measure how technologies and strategies used by the Department, U.S. Customs and Border Protection, and other relevant Federal agencies have helped detect, deter, or address illicit fentanyl and its precursors being trafficking into the United States at and between land, air, and sea ports of entry. Such data and metrics program may consider the rate of detection at random secondary inspections at such ports of entry, investigations and intelligence sharing into the origins of illicit fentanyl later detected within the United States, and other data or metrics considered appropriate by the Secretary. The Secretary, as appropriate and in the coordination with the officials specified in this paragraph, may update such data and metrics program.
Reports—
Secretary of Homeland Security— Not later than one year after the date of the enactment of this Act and biennially thereafter, the Secretary of Homeland Security, 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 pursuant to the program established under paragraph (1), submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report that—
examines and analyzes current technologies deployed at land, air, and sea ports of entry, including pilot technologies, to assess how well such technologies detect, deter, and address fentanyl and its precursors;
contains a cost-benefit analysis of technologies used in drug interdiction; and
describes how such analysis may be used when making procurement decisions relating to such technologies.
GAO— Not later than one year after each report submitted pursuant to subparagraph (A), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that evaluates and, as appropriate, makes recommendations to improve, the data collected and metrics used in each such report.
Sec. 3 ONDCP supplemental strategies
Section 706(h) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended—
in paragraph (5), by striking “; and” and inserting a semicolon;
in paragraph (6), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(7) develops performance measures and targets for the National Drug Control Strategy for supplemental strategies (the Southwest Border, Northern Border, and Caribbean Border Counternarcotics Strategies) 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, such strategies 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.”