Combatting International Drug Trafficking and Human Smuggling Partnership Act of 2025

Bill Number

H.R. 4071

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Passed House

Latest Action

2025-11-20: Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

Last Updated

2026-06-11T04:11:22Z

AI-Generated Summary

Purpose

The legislation aims to strengthen U.S. Customs and Border Protection (CBP) activities in foreign countries to combat international drug trafficking, human smuggling, and related threats. It promotes partnerships with foreign governments to enhance monitoring, deterrence, and law enforcement capacity while allowing for limited financial support for damages caused by these operations.

Key Provisions

• Expanded CBP Authority Abroad: CBP employees designated with Air and Marine Operations powers can provide support to foreign governments through joint operations, but only if a formal agreement exists between the U.S. and that country.
• Types of Support:
• Monitoring, locating, tracking, and deterring illegal drugs entering the U.S., smuggling of people and goods, terrorist threats, and other risks to U.S. security or economy.
• Emergency humanitarian efforts, defined as search and rescue, medical assistance, air traffic control support, and necessary transport.
• Building law enforcement capacity in partner countries.
• Claims Payment Mechanism:
• The Department of Homeland Security (DHS) Secretary can use operating funds to pay claims for money damages against the U.S. arising from CBP operations in foreign countries, following federal tort claims procedures (under 28 U.S.C. § 2672, which allows settlements for certain government-caused harms without court trials).
• Claims must be filed within two years of the incident.
• DHS must report to Congress on payments made, including recipient details, amounts, locations, and justifications, within 90 days after the authority expires.
• This payment authority sunsets (ends) five years after enactment.

Significant Changes to Existing Law

• Amends Section 411(f) of the Homeland Security Act of 2002 (6 U.S.C. § 211(f)), which outlines CBP's roles, by adding a new subsection on foreign operations and redesignating an existing paragraph.
• Introduces explicit permission for CBP to conduct joint operations and provide support in foreign territories, which was not previously detailed.
• Adds a temporary (five-year) mechanism for settling damage claims from overseas CBP activities, filling a gap in how such liabilities are handled without needing full lawsuits.

Potential Impacts

• Government Agencies: Enhances CBP's (under DHS) ability to operate internationally, potentially improving efficiency in border security and reducing threats at U.S. entry points. However, it may increase administrative burdens for reporting and claims processing.
• Citizens: U.S. citizens could benefit from reduced drug trafficking, smuggling, and terrorism risks. Foreign individuals affected by CBP operations may seek compensation more easily through the claims process.
• International Relations: Strengthens bilateral ties with partner countries via formal agreements, fostering cooperation on security and humanitarian issues. It could improve U.S. influence in global law enforcement but requires mutual consent to avoid diplomatic tensions.

Main Stakeholders Affected

• U.S. Government Entities: CBP and DHS (operational and funding responsibilities); congressional committees on Homeland Security (oversight and reporting).
• Foreign Governments and Officials: Partners in joint operations, benefiting from support but involved in agreements.
• International Actors: Drug traffickers, smugglers, and terrorist groups (targeted for deterrence); individuals or entities harmed by CBP activities (eligible for claims).
• U.S. Taxpayers: Indirectly affected through DHS budget use for claims and operations.

Notable Legal, Constitutional, or Political Implications

• Legal: Expands CBP's extraterritorial reach under U.S. law, but ties it to international agreements to respect foreign sovereignty. The claims provision streamlines tort liability abroad, aligning with existing federal settlement laws, though its five-year limit may prompt future extensions.
• Constitutional: No direct challenges noted, as it operates within Congress's authority over foreign affairs and immigration (Article I, Section 8). However, operations abroad could raise questions about due process for non-U.S. persons if incidents occur.
• Political: Supports bipartisan priorities on border security and counter-narcotics, potentially aiding U.S. efforts in regions like Latin America. The sunset clause and reporting requirements ensure congressional accountability, but critics might view it as overreach in foreign interventions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Guest, Michael [R-MS-3]

Cosponsors (2)

Rep. Pou, Nellie [D-NJ-9], Rep. Fitzpatrick, Brian K. [R-PA-1]

Recent Actions

• 2025-11-20: Received in the Senate and Read twice and referred to the Committee on Foreign Relations.
• 2025-11-19: Motion to reconsider laid on the table Agreed to without objection.
• 2025-11-19: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4788)
• 2025-11-19: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4788)
• 2025-11-19: DEBATE - The House proceeded with forty minutes of debate on H.R. 4071.
• 2025-11-19: Considered under suspension of the rules. (consideration: CR H4788-4789)
• 2025-11-19: Mr. Guest moved to suspend the rules and pass the bill.
• 2025-10-03: Placed on the Union Calendar, Calendar No. 276.
• 2025-10-03: Committee on Ways and Means discharged.
• 2025-10-03: Committee on Ways and Means discharged.
• 2025-10-03: Reported by the Committee on Homeland Security. H. Rept. 119-323, Part I.
• 2025-10-03: Reported by the Committee on Homeland Security. H. Rept. 119-323, Part I.
• 2025-06-25: Ordered to be Reported by Voice Vote.
• 2025-06-25: Committee Consideration and Mark-up Session Held
• 2025-06-25: Subcommittee on Border Security and Enforcement Discharged

Bill Versions

• Combatting International Drug Trafficking and Human Smuggling Partnership Act of 2025 — issued 2025-11-19 — PDF (8 pages)
• Combatting International Drug Trafficking and Human Smuggling Partnership Act of 2025 — issued 2025-06-23 — PDF (5 pages)
• Combatting International Drug Trafficking and Human Smuggling Partnership Act of 2025 — issued 2025-11-20 — PDF (6 pages)
• Combatting International Drug Trafficking and Human Smuggling Partnership Act of 2025 — issued 2025-10-03 — PDF (8 pages)