Combatting International Drug Trafficking and Human Smuggling Partnership Act of 2025
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Would authorize Customs and Border Protection's Air and Marine Operations agents to work inside foreign countries — with that country's agreement — to track drug and human smuggling, terrorist threats, and to conduct joint humanitarian and law-enforcement capacity-building missions.
It would also let the agency pay tort claims for injury, death, or property damage its employees cause abroad during these operations, closing a gap left by the Federal Tort Claims Act's foreign-country exception, though that payment authority would expire after five years.
What this bill would do
What it would do
The bill would amend the Homeland Security Act of 2002 to let designated Customs and Border Protection employees with Air and Marine Operations authority support foreign governments' efforts to monitor, locate, and deter drug smuggling, human and goods smuggling, terrorist threats, and other threats to U.S. security or the economy. It would also authorize support for emergency humanitarian efforts (search and rescue, medical assistance, air traffic control assistance) and law enforcement capacity-building, including joint operations with foreign officials, but only where the U.S. and that country have entered into an arrangement permitting it. Separately, the bill would let the Secretary of Homeland Security pay money-damages claims arising in a foreign country from Customs and Border Protection operations there \u2014 covering injury, property loss, or death caused by an employee acting within the scope of duty \u2014 despite the Federal Tort Claims Act's usual exclusion of foreign-country claims. Claims would have to be filed within two years of the incident, and this payment authority would expire five years after enactment, with a report to Congress on payments made.
Key provisions
- 1Would authorize CBP Air and Marine Operations employees to support foreign governments in monitoring and deterring drug, human, and goods smuggling and terrorist or other threats to the United States
- 2Would allow such support to include joint operations with foreign officials, but only under a U.S.-foreign country arrangement permitting it
- 3Would authorize support for emergency humanitarian efforts, including search and rescue, medical assistance, and air traffic control assistance
- 4Would authorize support for foreign law enforcement capacity-building efforts
- 5Would let the Secretary pay money-damages claims arising abroad from CBP operations, for claims filed within two years of the incident
- 6Would require a report to Congress on claims paid within 90 days after the payment authority expires
Who would be affected
U.S. Customs and Border Protection, particularly its Air and Marine Operations personnel; foreign governments that enter into cooperative arrangements with the United States; foreign nationals or entities potentially harmed by CBP operations abroad who could file tort claims; and the House and Senate homeland security committees, which would receive a report on claims paid.
Why it matters
The bill would give CBP a clearer legal basis to conduct joint anti-smuggling, counterterrorism, humanitarian, and capacity-building operations in partner countries, potentially expanding U.S. law enforcement reach abroad. It would also create accountability for harm caused during those operations by letting foreign victims seek compensation, an option currently unavailable under federal tort law's foreign-country exception.
What would change
Changes to existing law
Amends Homeland Security Act of 2002 (6 U.S.C. 211(f)) (Sec. 2)
Adds a new paragraph authorizing CBP support to foreign governments and a mechanism to pay foreign tort claims arising from CBP operations abroad
Amends Federal Tort Claims Act (28 U.S.C. 2672) (Sec. 2)
Allows CBP to pay claims for damages arising in a foreign country in connection with its operations, an exception to the Act's usual foreign-country exclusion
Agencies directed to act
Effective dates
- Deadline to submit a foreign tort damages claim after the triggering incident
- Expiration of the Secretary's authority to expend funds paying foreign tort claims
- Deadline for Secretary's report to Congress on claims paid, after expenditure authority expires
Funding and costs
Congressional Budget Office estimate
CBO estimates that implementing H.R. 4071 would cost less than $500,000 over the 2025–2030 period, with no effect on direct spending, revenues, or the deficit.
CBO finds that H.R. 4071 would have no effect on direct (mandatory) spending or revenues in any scoring window, leaving the deficit unchanged. The only budgetary impact is a negligible amount — less than $500,000 over 2025–2030 — in discretionary spending (funds that require annual congressional appropriations) to cover a small number of claims for property damage or injury arising from joint CBP–foreign government anti-drug and counter-smuggling operations abroad; this authority expires five years after enactment. CBO projects very few such claims would be filed, based on comparable Federal Tort Claims Act experience. The bill contains no intergovernmental or private-sector mandates.
How implementation would work
CBP would need to negotiate government-to-government arrangements before Air and Marine Operations personnel could support a foreign country's anti-smuggling, counterterrorism, humanitarian, or capacity-building efforts. Separately, the Secretary would use existing operating-expense appropriations to pay foreign tort claims processed under Federal Tort Claims Act procedures, subject to a two-year filing deadline. That payment authority sunsets five years after enactment, after which the Secretary must report to the House and Senate homeland security committees detailing each payment's recipient, amount, country, and justifying circumstances.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill expands permitted U.S. Customs and Border Protection (CBP) activities in foreign countries and provides for tort claims against the United States for certain CBP operations in foreign countries.
The bill allows officers and agents of the Air and Marine Operations of CBP to provide specified support to the government of foreign countries. In particular, officers and agents may provide support for
- monitoring, locating, and deterring the smuggling of illegal drugs, persons, or goods into the United States;
- tracking terrorist or other threats to the United States;
- emergency humanitarian efforts; and
- law enforcement capacity-building efforts.
The bill also allows CBP to expend appropriated funds to pay claims for money damages made against the United States that arise in a foreign country in connection with CBP operations. This includes money damages for injury, loss of property, personal injury, or death caused by certain acts or omissions of an employee of the agency while acting within the scope of his or her office or employment. Under current law, acts occurring in foreign countries are excepted from the Federal Tort Claims Act.
Claims made under the bill must be made no more than two years after the date of the incident. The authority to expend funds for such damages expires five years after the date of enactment of the bill.
Legislative subjects
Border security and unlawful immigration; Customs enforcement; Department of Homeland Security; Drug trafficking and controlled substances; Executive agency funding and structure; Foreign aid and international relief; Homeland security; Human trafficking; International Affairs; Law enforcement officers; Smuggling and trafficking; Terrorism
Committee report
H. Rept. 119-323