No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5285 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5285
To stop the shipment of illicit synthetic drugs via transportation
networks in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Ms. Cantwell (for herself, Ms. Baldwin, Ms. Rosen, Mr. Tester, and Mr.
Lujan) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To stop the shipment of illicit synthetic drugs via transportation
networks in the United States, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stop Smuggling
Illicit Synthetic Drugs on U.S. Transportation Networks Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Rule of construction.
Sec. 4. Definitions.
TITLE I--USE OF CANINES AND NON-INTRUSIVE ADVANCED TECHNOLOGY TO
DISRUPT INTERSTATE TRANSPORTATION OF ILLICIT SYNTHETIC DRUGS
Sec. 101. Definitions.
Sec. 102. Development of comprehensive national strategy to prevent
illicit synthetic drug smuggling through
United States transportation systems to
protect transportation security and
interstate commerce.
Sec. 103. Development of strategy to accelerate research and
development of non-intrusive, advanced
inspection technologies to detect illicit
synthetic drugs.
Sec. 104. Expanded non-intrusive inspections at ports of entry.
Sec. 105. Civil cargo inspection program.
Sec. 106. Land-based transportation inspection programs.
Sec. 107. NHTSA public service announcement campaign.
Sec. 108. Maritime transportation inspection program.
Sec. 109. Grant program for use of non-intrusive and other advanced
technology and canines for State, local,
territorial, and Tribal law enforcement
agencies for civil cargo and land
transportation.
Sec. 110. Additional requirements for canines used in inspection
programs.
Sec. 111. Annual briefing.
Sec. 112. Limitations and protections.
Sec. 113. Requirements for inspection program participation and receipt
of grant awards.
Sec. 114. Duration.
Sec. 115. Rules of construction.
TITLE II--ADDITIONAL MEASURES TO COMBAT ILLICIT SYNTHETIC DRUG
TRAFFICKING ON UNITED STATES TRANSPORTATION SYSTEMS
Sec. 201. Transportation Security Administration.
Sec. 202. Strategy and plan for Coast Guard interdiction of illicit
synthetic drugs in the maritime
environment.
Sec. 203. Pilot program on improving crime scene investigations and
death investigations involving illicit
synthetic drugs.
Sec. 204. Authorization and expansion of Rapid Drug Analysis and
Research program.
Sec. 205. Emerging drugs pilot program.
Sec. 206. National Science Foundation pilot program to combat illicit
synthetic drugs.
Sec. 207. Public-private task force.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) fentanyl and other illicit synthetic drugs pose a
threat to the national security of the United States;
(2) drug traffickers exploit the United States
transportation network to smuggle such drugs into, out of, and
through the United States;
(3) this exploitation--
(A) undermines transportation security; and
(B) could result in significant disruptions to
interstate commerce;
(4) this Act relies on existing agency authorities and does
not establish a new national screening framework distinct from
any such framework in existence as of the date of the enactment
of this Act; and
(5) State, local, Tribal, and territorial law enforcement
agencies need additional resources to acquire advanced
technologies and canines to conduct non-intrusive inspections
for illicit synthetic drugs.
SEC. 3. RULE OF CONSTRUCTION.
Nothing is this Act shall be construed to modify any Federal law or
regulation pertaining to searches for and seizures of illicit synthetic
drugs as applied to State, local, Tribal, and territorial law
enforcement.
SEC. 4. DEFINITIONS.
In this Act:
(1) Illicit.--The term ``illicit'' means, with respect to
synthetic drugs, transporting, manufacturing, possessing,
distributing, dispensing, purchasing, selling, importing, or
exporting in violation of Federal law.
(2) Synthetic drugs.--The term ``synthetic drugs'' means
fentanyl, fentanyl analogues, fentanyl-related substances,
methamphetamine, xylazine, and other controlled substances (as
that term is defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) and controlled substance
analogues that are produced by means of chemical synthesis.
TITLE I--USE OF CANINES AND NON-INTRUSIVE ADVANCED TECHNOLOGY TO
DISRUPT INTERSTATE TRANSPORTATION OF ILLICIT SYNTHETIC DRUGS
SEC. 101. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Amtrak.--The term ``Amtrak'' means the National
Railroad Passenger Corporation.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives;
(E) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(4) Cargo; civil aircraft.--The terms ``cargo'' and ``civil
aircraft'' have the meanings given those terms in section 40102
of title 49, United States Code.
(5) Covered law.--The term ``covered law'' means--
(A) the Controlled Substances Act (21 U.S.C. 801 et
seq.);
(B) the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.); and
(C) any other Federal, State, local, or Tribal law
relating to controlled substances, including the
possession, distribution, sale, detection,
interdiction, import, or export of controlled
substances.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Local government; state.--The terms ``local
government'' and ``State'' have the meanings given those terms
in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101).
(8) Railroad.--The term ``railroad'' has the meaning given
that term in section 20102 of title 49, United States Code.
SEC. 102. DEVELOPMENT OF COMPREHENSIVE NATIONAL STRATEGY TO PREVENT
ILLICIT SYNTHETIC DRUG SMUGGLING THROUGH UNITED STATES
TRANSPORTATION SYSTEMS TO PROTECT TRANSPORTATION SECURITY
AND INTERSTATE COMMERCE.
The Director of the Office of National Drug Control Policy, in
consultation and coordination with the Secretary of Transportation, the
Secretary of Homeland Security, the Attorney General, and
representatives of the private sector and unions representing
transportation workers, shall--
(1) develop a comprehensive national strategy that--
(A) prevents the smuggling of illicit synthetic
drugs through United States transportation systems;
(B) protects transportation security;
(C) prevents disruptions to interstate commerce;
and
(D) does not unduly delay or interfere with the
free flow of goods and services in interstate commerce
or the movement of people; and
(2) not later than 2 years after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees describing the implementation of the strategy
developed pursuant to paragraph (1).
SEC. 103. DEVELOPMENT OF STRATEGY TO ACCELERATE RESEARCH AND
DEVELOPMENT OF NON-INTRUSIVE, ADVANCED INSPECTION
TECHNOLOGIES TO DETECT ILLICIT SYNTHETIC DRUGS.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Finance of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Energy and Commerce of the House of
Representatives;
(6) the Committee on Homeland Security of the House of
Representatives;
(7) the Committee on Financial Services of the House of
Representatives; and
(8) the Committee on the Judiciary of the House of
Representatives.
(b) In General.--The Director of the Office of Science and
Technology Policy and the Director of the Office of National Drug
Control Policy, in consultation and coordination with the Director of
the National Science Foundation, the Secretary of Commerce (acting
through the Director of the National Institute of Standards and
Technology), the Secretary of Energy, the Secretary of Homeland
Security, the Administrator of the Transportation Security
Administration, and the Attorney General, shall--
(1) develop a joint strategy to accelerate research and
development and deployment of non-intrusive, advanced
inspection technologies and other advanced inspection
technologies to detect illicit synthetic drugs, such as
artificial intelligence and quantum hybrid computing and
integration of multiple data sources; and
(2) not later than 2 years after the date of the enactment
of this Act, submit a report on such strategy to the
appropriate congressional committees.
SEC. 104. EXPANDED NON-INTRUSIVE INSPECTIONS AT PORTS OF ENTRY.
(a) Inspection of All Vehicles and Trains at Land Ports of Entry.--
Beginning not later than 5 years after the date of the enactment of
this Act, the Commissioner for U.S. Customs and Border Protection shall
carry out non-intrusive inspections of each motor vehicle and train
entering the United States through a land port of entry to detect
illicit synthetic drugs, including fentanyl and its analogs.
(b) Inspections of Civil Air Cargo.--Beginning not later than 5
years after the date of the enactment of this Act, the Commissioner for
U.S. Customs and Border Protection shall carry out non-intrusive
inspections of at least 50 percent of all cargo transported on civil
aircraft entering the United States through an international airport to
detect illicit synthetic drugs, including fentanyl and its analogs.
Such inspections shall increase by 10 percent per year until 100
percent of cargo transported on civil aircraft entering the United
States through an international airport is inspected.
(c) Inspections of Maritime Cargo.--Beginning not later than 5
years after the date of the enactment of this Act, the Commissioner for
U.S. Customs and Border Protection, in coordination with the
Commissioner of the United State Coast Guard, shall carry out non-
intrusive inspections of at least 50 percent of all cargo transported
on marine vessels entering the United States through an international
seaport to detect illicit synthetic drugs, including fentanyl and its
analogs. Such inspections shall increase by 10 percent per year until
100 percent of cargo transported on marine vessels entering the United
States through an international seaport is inspected.
(d) Guidelines for Inspections and Subsequent Activities.--The
Commissioner for U.S. Customs and Border Protection shall--
(1) develop guidelines--
(A) establishing the criteria for initiating an
inspection, search, seizure, or other activity required
under this section;
(B) describing how such activities should be
carried out; and
(C) specifying where such activities may be
conducted; and
(2) develop and implement a plan to ensure inspections,
searches, seizures, and other activities required under this
section--
(A) are lawful and comply with the Fourth Amendment
to the Constitution of the United States and other
federally protected rights;
(B) do not unduly prolong delays to goods and
persons traveling in interstate commerce;
(C) are not performed with discriminatory intent or
purpose;
(D) are carried out in a standardized manner and in
accordance with the guidelines developed pursuant to
paragraph (1); and
(E) do not unreasonably interfere with or
compromise other lawful inspections, screenings, and
business operations.
(e) Funding.--The activities required under this section shall be
funded through the Department of the Treasury Forfeiture Fund
established under section 9705 of title 31, United States Code.
SEC. 105. CIVIL CARGO INSPECTION PROGRAM.
(a) Civil Cargo Inspection Program.--
(1) Establishment.--The Administrator shall establish a
program for--
(A) detecting illicit synthetic drugs transported
in and through the United States using cargo
transported by civil aircraft outside ports of entry;
and
(B) aiding in the enforcement of covered laws
relating to such transportation.
(2) Manner of detection.--The detection of illicit
synthetic drugs described in paragraph (1)(A) shall be carried
out through random, non-intrusive inspections of cargo
transported by civil aircraft utilizing prevailing and emerging
technologies and canines.
(b) Interagency Coordination.--The Administrator shall carry out
the program established pursuant to subsection (a) in coordination
with--
(1) the Attorney General;
(2) the Secretary of Homeland Security;
(3) the Executive Associate Director of Homeland Security
Investigations;
(4) the Secretary of Transportation;
(5) the Postmaster General;
(6) the Chief Postal Inspector of the Postal Inspection
Service; and
(7) any other Federal agency the Administrator deems
appropriate.
(c) Inspections.--Any Federal, State, Tribal, territorial, or local
law enforcement officer designated by the Administrator may conduct
inspections as part of the program established pursuant to subsection
(a), in coordination with the Secretary of Homeland Security and the
Attorney General.
(d) Consultation.--In establishing the program pursuant to
subsection (a), the Administrator shall consult with relevant labor
organizations representing employees to identify procedures for
inspecting and interdicting cargo in a manner that limits impacts to
interstate transportation and airport operations.
(e) Training for Program Participants.--
(1) In general.--The Administrator, in consultation with
the Secretary of Homeland Security and the United States
Attorney General, shall develop training materials and conduct
training based on such materials for all State, local,
territorial, and Tribal law enforcement agencies participating
in the program established pursuant to subsection (a) to ensure
inspections are carried out effectively, safely, lawfully, and
in a standardized manner.
(2) Content of training materials.--The training developed
and conducted pursuant to paragraph (1) shall include--
(A) an overview of the purpose of the program
required under subsection (a);
(B) information and exercises relating to
preventing occupational exposure to illicit synthetic
drugs and the use of personal protective equipment;
(C) the contents of the relevant guidelines and
plan established pursuant to section 112;
(D) procedures for lawfully conducting non-
intrusive inspections; and
(E) live exercises to simulate inspections.
(3) Requirements.--State, local, territorial, and Tribal
law enforcement agencies participating in the program
established pursuant to subsection (a) shall complete such
training before carrying out any inspections authorized under
this section.
SEC. 106. LAND-BASED TRANSPORTATION INSPECTION PROGRAMS.
(a) Rail Inspection Program.--
(1) Establishment.--The Administrator shall establish a
program for--
(A) detecting illicit synthetic drugs transported
in and through United States by passenger rail and
freight rail networks outside ports of entry; and
(B) aiding in the enforcement of covered laws
relating to such transportation.
(2) Manner of detection.--The detection of illicit
synthetic drugs described in paragraph (1) shall be carried out
through random, non-intrusive inspections of intercity
passenger rail and freight rail networks utilizing prevailing
and emerging technologies and canines.
(3) Interagency coordination.--The Administrator shall
carry out the program established pursuant to paragraph (1)--
(A) in coordination with the Attorney General; and
(B) in consultation with--
(i) the Secretary of Homeland Security;
(ii) the Executive Associate Director of
Homeland Security Investigations;
(iii) the Secretary of Transportation;
(iv) the Administrator of the Federal
Railroad Administration;
(v) the Chief Executive Officer of Amtrak;
(vi) the head of railroad police as
determined by the railroad for all Class I
railroads;
(vii) the Postmaster General;
(viii) the Chief Postal Inspector of the
Postal Inspection Service; and
(ix) any other Federal agency the
Administrator deems appropriate.
(4) Inspections.--Any Federal, State, Tribal, territorial,
or local law enforcement officer designated by the
Administrator may conduct inspections as part of the program
established pursuant to paragraph (1), in coordination with the
Secretary of Homeland Security and the Attorney General. Any
inspections conducted as part of such program along railroad
property shall be done in coordination with the railroad that
owns such property.
(5) Passenger rail.--In establishing the program for
passenger rail pursuant to paragraph (1), the Attorney General
and the Chief Executive Officer of Amtrak shall consult with
Indian tribes and coordinate with State, local, and Tribal law
enforcement agencies to resolve program implementation and
enforcement of Federal drug trafficking laws pursuant to the
program, including--
(A) implementation and enforcement in Indian
Country and rural areas with limited jail space or
detention capabilities;
(B) the need for ongoing cooperation and
coordination with Tribal law enforcement agencies; and
(C) additional Federal resources, including
additional Federal law enforcement presence, in Indian
country and rural areas.
(6) Application.-- The pilot program for passenger rail
shall consider the unique public safety needs of passenger rail
routes in rural areas and in Indian country.
(b) Commercial Trucking Inspection Program.--
(1) Establishment.--The Administrator shall establish a
program for--
(A) detecting illicit synthetic drugs transported
in and through the interior United States by commercial
motor vehicles; and
(B) aiding in the enforcement of covered laws
relating to such transportation.
(2) Manner of detection.--The detection of illicit
synthetic drugs described in paragraph (1) shall be carried out
through random, non-intrusive inspections of cargo transported
by commercial motor vehicles utilizing prevailing and emerging
technologies and canines.
(3) Interagency coordination.--The Administrator shall
carry out the program established pursuant to paragraph (1)--
(A) in coordination with the Attorney General; and
(B) in consultation with--
(i) the Secretary of Homeland Security;
(ii) the Executive Associate Director of
Homeland Security Investigations;
(iii) the Secretary of Transportation;
(iv) the Administrator of the Federal Motor
Carrier Safety Administration;
(v) the Postmaster General;
(vi) the Chief Postal Inspector of the
Postal Inspection Service; and
(vii) any other Federal agency the
Administrator deems appropriate.
(4) Inspections.--Any Federal, State, Tribal, territorial,
or local law enforcement officer designated by the
Administrator may conduct inspections as part of the program
established pursuant to paragraph (1), in coordination with the
Secretary of Homeland Security and the Attorney General.
(5) Limitation.--Any technologies or canines deployed to
detect illicit synthetic drugs in cargo transported by
commercial motor vehicles--
(A) may only be deployed at weigh stations;
(B) may not be deployed in a manner that would
enable the scanning, monitoring, or other detection or
recording of vehicles used by the traveling public in
an area not within the boundaries of a weigh station;
and
(C) may not unduly prolong delays to goods and
persons traveling in interstate commerce or
unreasonably interfere with other inspections and
lawful commercial operations.
(c) Consultation.--
(1) In general.--In establishing the program pursuant to
subsection (b), the Administrator shall consult with relevant
commercial motor carriers, rail labor organizations
representing the employees of commercial motor carriers and
rail carriers, and operators of land ports described in
paragraph (2) to identify procedures for inspecting and
interdicting cargo in a manner that limits impacts to
interstate transportation and rail operations.
(2) Land ports described.--A land port described in this
paragraph is--
(A) a land port of entry on the border of the
United States through which commercial freight is moved
by rail;
(B) a multimodal port or other inland land port,
including a dry port or intermodal terminal, at which
commercial freight is loaded, unloaded, or moved by
rail; or
(C) any other freight rail terminal.
(d) Training for Program Participants.--
(1) In general.--The Administrator shall develop training
materials and conduct training based on such materials for all
Federal, State, local, territorial, and Tribal law enforcement
agencies participating in a program established pursuant to
this section to ensure inspections are carried out effectively,
safely, lawfully, and in a standardized manner.
(2) Content of training materials.--The training required
under paragraph (1) shall include--
(A) an overview of the purpose of the program;
(B) information and exercises relating to
preventing occupational exposure to illicit synthetic
drugs and the use of personal protective equipment;
(C) the contents of the relevant guidelines and
plan established pursuant to section 112;
(D) procedures for lawfully conducting non-
intrusive inspections; and
(E) live exercises to simulate inspections.
(3) Requirements.--Federal, State, local, territorial, and
Tribal law enforcement agencies participating in a program
established pursuant to this section shall complete such
training before carrying out any inspections authorized under
this section.
SEC. 107. NHTSA PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN.
The Administrator of the National Highway Traffic Safety
Administration, in coordination with the Advertising Council, shall
develop and implement a national public service announcement campaign
relating to the dangers of driving under the influence of fentanyl,
fentanyl analogues, and other illicit synthetic opioids.
SEC. 108. MARITIME TRANSPORTATION INSPECTION PROGRAM.
(a) Establishment.--The Administrator, in coordination with the
Administrator of the Drug Enforcement Administration, the Director of
the Federal Bureau of Investigation, and the Commandant of the Coast
Guard, shall establish a program for--
(1) detecting illicit synthetic drugs outside ports of
entry; and
(2) aiding in the enforcement of covered laws by utilizing
prevailing and emerging technologies and canines to conduct
random, non-intrusive inspections of cargo transported by
maritime vessels.
(b) Conduct of Inspections.--Inspections conducted under the
program established pursuant to subsection (a) may be performed by
Federal, State, local, territorial, or Tribal law enforcement agencies
designated by the Administrator, in coordination with the Secretary of
Homeland Security and the Attorney General.
(c) Consultation.--In establishing the program required under
subsection (a), the Administrator shall consult with relevant labor
organizations representing employees to identify procedures for
inspecting and interdicting cargo in a manner that limits impacts to
interstate transportation and port operations.
(d) Training for Program Participants.--
(1) In general.--The Administrator shall develop training
materials and conduct training based on such materials for all
Federal, State, local, territorial, and Tribal law enforcement
agencies participating in the program required under subsection
(a) to ensure inspections conducted under that program are
carried out effectively, safely, lawfully, and in a
standardized manner.
(2) Elements.--Training required under paragraph (1) shall
include--
(A) an overview of the purpose of the program
required under subsection (a);
(B) information and exercises relating to
preventing occupational exposure to illicit synthetic
drugs, including the use of personal protective
equipment;
(C) the contents of guidelines and plans
established pursuant to section 112 that are relevant
to carrying out the program;
(D) procedures for lawfully conducting non-
intrusive inspections; and
(E) live exercises to simulate inspections.
(3) Completion of training.--Federal, State, local,
territorial, and Tribal law enforcement agencies participating
in the program required under subsection (a) shall complete the
training required under paragraph (1) before carrying out any
inspections under such program.
SEC. 109. GRANT PROGRAM FOR USE OF NON-INTRUSIVE AND OTHER ADVANCED
TECHNOLOGY AND CANINES FOR STATE, LOCAL, TERRITORIAL, AND
TRIBAL LAW ENFORCEMENT AGENCIES FOR CIVIL CARGO AND LAND
TRANSPORTATION.
(a) Grant Program.--
(1) In general.--The Secretary of Homeland Security may
award grants to States, local governments, and Indian Tribes,
including State, local, territorial, and Tribal law enforcement
agencies, if the Secretary determines the recipients of such
grants would--
(A) further the objectives of the programs
described in sections 105, 106, and 108; and
(B) carry out the activities described in paragraph
(2).
(2) Use of funds.--A grant awarded pursuant to paragraph
(1) shall be used--
(A) to acquire and conduct training with respect to
technology to detect illicit synthetic drugs;
(B) to acquire and train canines to detect illicit
synthetic drugs;
(C) to acquire canine handlers and provide the care
for canines described in section 110; and
(D) to pay overtime compensation and other
investigative expenses incurred by law enforcement
agencies in conducting inspections associated with an
inspection program established under this title.
(b) Application.--
(1) In general.--A law enforcement agency of a State, local
government, or Indian Tribe or territorial law enforcement
agency seeking a grant under this section shall submit an
application at such time, in such manner, and accompanied by
such information as the Secretary may require.
(2) Requirement.--The Secretary of Homeland Security shall
require a law enforcement agency of a State, territory, local
government, or Indian Tribe seeking a grant under this section
to include in the application for such grant information that
demonstrates the willingness and ability of the law enforcement
agency to conduct activities authorized under this title in
accordance with--
(A) the relevant guidelines and plan established
pursuant to section 112; and
(B) the Fourth Amendment to the Constitution of the
United States.
(c) Consultation Required.--The Secretary of Homeland Security
shall consult with State and local governments and Indian Tribes in
developing the grant program established pursuant to this section.
SEC. 110. ADDITIONAL REQUIREMENTS FOR CANINES USED IN INSPECTION
PROGRAMS.
(a) Transportation Security Administration Program.--The
Administrator, in coordination with the Administrator of the Animal and
Plant Health Inspection Service, shall--
(1) ensure that any canines used in an inspection program
or a grant program established pursuant to section 105 or 106
receive safety training and are certified for synthetic drug
detection; and
(2) require the head of each relevant Federal, State,
local, territorial, or Tribal law enforcement agency to provide
testing equipment, naloxone, and other protective measures for
any canines used in such an inspection program or grant
program.
(b) U.S. Customs and Border Protection Program.--The Commissioner
for U.S. Customs and Border Protection, in coordination with the
Administrator of the Animal and Plant Health Inspection Service of the
Department of Agriculture, shall--
(1) ensure that any canines used in an inspection program
or a grant program established pursuant to section 108 receive
safety training and are certified for synthetic drug detection;
and
(2) require the head of each relevant Federal, State,
local, territorial, or Tribal law enforcement agency to provide
testing equipment, naloxone, and other protective measures for
any canines used in such an inspection program or grant
program.
SEC. 111. ANNUAL BRIEFING.
The head of each relevant Federal agency shall annually brief the
appropriate congressional committees regarding the status and
effectiveness of each program established pursuant to this title for
which such head is responsible.
SEC. 112. LIMITATIONS AND PROTECTIONS.
(a) Plan.--The head of each Federal agency responsible for
overseeing or conducting activities authorized under this title shall--
(1) develop guidelines that--
(A) establish the criteria for initiating an
inspection, search, seizure, or other activity carried
out under this title;
(B) describe how such activities should be carried
out; and
(C) specify where such activities may be conducted;
(2) develop and implement a plan to ensure inspections,
searches, seizures and other activities carried out under this
title--
(A) are lawful and comply with the Fourth Amendment
to the Constitution of the United States and other
federally protected rights;
(B) do not unduly prolong delays to goods and
persons traveling in interstate commerce;
(C) are not performed with discriminatory intent or
purpose;
(D) are carried out in a standardized manner and in
accordance with the guidelines established pursuant to
paragraph (1);
(E) utilize law enforcement resources efficiently
and are not duplicative by considering and coordinating
with--
(i) existing Federal inspection programs
such as the Customs Trade Partnership Against
Terrorism program of U.S. Customs and Border
Protection and the Certified Cargo Screening
Program of the Transportation Security
Administration; and
(ii) Federal known shipper and consignor
programs; and
(F) do not unreasonably interfere with or
compromise other lawful inspections, screenings, and
business operations; and
(3) conduct outreach and engagement with local private
sector stakeholders, including civil society organizations,
before finalizing such plan.
(b) Publication.--
(1) In general.--The head of each Federal agency required
to develop a plan under subsection (a) shall publish such plan
on a publicly available website of the agency before initiating
an inspection program under this title.
(2) Form.--In publishing a plan under paragraph (1), the
head of the relevant Federal agency shall redact any sensitive
law enforcement information.
(c) Review.--The Office of the Inspector General of the Department
of Homeland Security shall--
(1) for each plan required under subsection (a), conduct a
review of the plan and submit to the appropriate congressional
committees a report, including any recommendations for
improving the plan, not later than 1 year after the development
of the plan; and
(2) for each inspection program required under this title,
conduct a review of the inspection program to review compliance
with the corresponding plan created under subsection (a) not
later than 1 year after the completion of the inspection
program.
(d) Notification.--If the head of a Federal agency responsible for
overseeing or conducting activities authorized under this title
determines that such agency cannot carry out an activity under this
title without violating the Fourth Amendment to the Constitution of the
United States, the head of the Federal agency shall notify the
appropriate congressional committees of such determination as soon as
possible.
SEC. 113. REQUIREMENTS FOR INSPECTION PROGRAM PARTICIPATION AND RECEIPT
OF GRANT AWARDS.
(a) Eligibility.--A State, local government, or Indian Tribe,
including a State, local, territorial, or Tribal law enforcement
agency, may not participate in an inspection program or receive a grant
award under this title unless such participant or grantee demonstrates,
to the satisfaction of the head of the Federal agency responsible for
administering the relevant inspection program or grant award, a
willingness and ability to conduct activities authorized under this
title in accordance with--
(1) the relevant guidelines and plan developed pursuant to
section 112; and
(2) the Fourth Amendment to the Constitution of the United
States.
(b) Termination.--The head of the Federal agency responsible for
administering the relevant inspection program or grant award under this
title may terminate the participation of an entity in the inspection
program or rescind the grant award if the entity fails to comply with
the plan developed pursuant to section 112.
SEC. 114. DURATION.
Each inspection program established pursuant to this title shall
terminate on the date that is 7 years after the establishment of such
inspection program.
SEC. 115. RULES OF CONSTRUCTION.
(a) Authorities.--Nothing in this title may be construed to expand
the authorities of any Federal agency to conduct activities
internationally.
(b) Participation in Inspection Program.--The participation of a
State, local government, or Indian Tribe, including a State, local,
territorial, or Tribal law enforcement agency, in any inspection
program authorized by this title--
(1) shall be voluntary; and
(2) may not be contingent on the enforcement of Federal
laws, other than the laws established by this Act and any
related regulations.
TITLE II--ADDITIONAL MEASURES TO COMBAT ILLICIT SYNTHETIC DRUG
TRAFFICKING ON UNITED STATES TRANSPORTATION SYSTEMS
SEC. 201. TRANSPORTATION SECURITY ADMINISTRATION.
Section 7135(c) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 6 U.S.C.
216 note) is amended to read as follows:
``(c) Applicability to Other Components.--The Administrator of the
Transportation Security Administration shall provide training, personal
protective equipment, and containment devices to officers, agents,
other personnel, and canines of each component of the Transportation
Security Administration that is at risk of potential illicit synthetic
drug exposure in the course of their duties.''.
SEC. 202. STRATEGY AND PLAN FOR COAST GUARD INTERDICTION OF ILLICIT
SYNTHETIC DRUGS IN THE MARITIME ENVIRONMENT.
(a) Strategy.--Not later than 1 year after the date of the
enactment of this Act, the Commandant of the Coast Guard (referred to
in this section as the ``Commandant'') shall develop a strategy for
coordinating, prioritizing, and providing the necessary resources for
maritime interdictions of illicit synthetic drugs, including the
interdiction of current and potential future maritime vectors under the
jurisdiction of the Coast Guard that are or may be used for trafficking
of illicit synthetic drugs.
(b) Action Plan.--
(1) In general.--The Commandant shall develop an action
plan for the implementation of the strategy developed pursuant
to subsection (a) that identifies and describes the workforce,
capital assets, and other resources necessary to carry out such
strategy.
(2) Report.--
(A) In general.--Not later than 18 months after the
date of the enactment of this Act, the Commandant shall
submit a report on the action plan developed pursuant
to paragraph (1) to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 203. PILOT PROGRAM ON IMPROVING CRIME SCENE INVESTIGATIONS AND
DEATH INVESTIGATIONS INVOLVING ILLICIT SYNTHETIC DRUGS.
(a) Pilot Program Required.--The Secretary of Commerce, acting
through the Director of the National Institute of Standards and
Technology and subject to the availability of appropriations, shall
carry out a pilot program to assess the feasibility and effectiveness
of implementing emerging technologies and training to improve State and
local government crime scene investigations that involve illicit
synthetic drugs.
(b) Development of Protocols and Tools.--The pilot program required
under subsection (a) may include the development of protocols and
tools--
(1) to prevent accidental exposure to illicit synthetic
drugs to crime scene technicians, medical examiners, and
coroners; and
(2) to increase the accessibility of detection technology
and rapid toxicology for screening and triage for State, local,
territorial, and Tribal crime scene technicians, medical
examiners, and coroners.
(c) Sense of Congress on Compatibility.--It is the sense of
Congress that protocols and tools developed pursuant to subsection (b)
should be compatible with the prevailing analytical methodologies
utilized by law enforcement and forensic experts and accepted in
judicial settings.
SEC. 204. AUTHORIZATION AND EXPANSION OF RAPID DRUG ANALYSIS AND
RESEARCH PROGRAM.
(a) Authorization of Program.--Subject to the availability of
appropriations, the Director of the National Institute of Standards and
Technology (referred to in this section as the ``NIST Director'') may
continue to carry out its Rapid Drug Analysis and Research program
(referred to in this section as the ``RaDAR program'') that was in
effect on the day before the date of the enactment of this Act.
(b) Expansion of Program.--
(1) Authority.--Subject to the availability of
appropriations, the NIST Director may expand the RaDAR program,
including by increasing the number of NIST personnel assigned
to the program or increasing the amount expended by the
program.
(2) Geographic locations.--Not later than 3 years after the
date of the enactment of this Act, the NIST Director shall
ensure that the RaDAR program is carried out in coordination
with local law enforcement or public health entities in at
least 1 location in each of the States of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(c) Laboratories.--
(1) Standards required.--In carrying out the RaDAR program,
the NIST Director, in consultation and coordination with
private sector and academic laboratories and publicly funded
forensic science service providers, medical examiners,
toxicologists, and coroners, shall establish standards to
enable laboratories to participate in the RaDAR program.
(2) Accreditation authorized.--The Director may coordinate
accreditation of competent laboratories as being in compliance
with the standards established pursuant to paragraph (1).
(3) Coordination, consultation, or collaboration
required.--In carrying out the RaDAR program, the NIST Director
shall coordinate, consult, or collaborate with--
(A) private sector and academic laboratories that
may be eligible for accreditation under paragraph (2);
and
(B) publicly funded forensic science service
providers, medical examiners, toxicologists, and
coroners.
(4) Contracts authorized.--In carrying out the program
authorized by subsection (a), the NIST Director may enter into
such agreements with laboratories accredited pursuant to
paragraph (2) as the Director considers appropriate.
(d) Report to Congress.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(2) In general.--Not later than 18 months after the date of
the enactment of this Act, the NIST Director shall submit a
report to the appropriate congressional committees that
describes--
(A) the actions taken by the NIST Director to
expand the RaDAR program; and
(B) the NIST Director's plans for further expansion
of the RaDAR program.
SEC. 205. EMERGING DRUGS PILOT PROGRAM.
The Director of the National Institute of Standards and Technology
shall carry out, in coordination with the Attorney General and the
Director of the Center for Disease Control, a pilot program to develop
a Regional Network of Strategic Emerging Drug Laboratories (SEDLs)--
(1) to provide real-time information relating to emerging
trends in illicit drug use and drug trafficking to State,
local, Federal, Tribal, and territorial governments, medical
facilities, law enforcement agencies, and forensic
laboratories;
(2) to develop novel validated analytical methods; and
(3) to publish quarterly and annual trend reports to law
enforcement and public health agencies and research institutes.
SEC. 206. NATIONAL SCIENCE FOUNDATION PILOT PROGRAM TO COMBAT ILLICIT
SYNTHETIC DRUGS.
(a) Authorization of Pilot Program.--The Director of the National
Science Foundation shall carry out a pilot program to support and
strengthen collaborations across disciplines and academia, industry,
and nonprofit organizations to stimulate activity and fill gaps in
research, innovation, and capacity building in the design, development,
and deployment of technologies and social science approaches to combat
illicit synthetic drugs.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Director of the National Science Foundation
shall submit a report on the pilot program carried out pursuant to
subsection (a) to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Finance of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(6) the Committee on Energy and Commerce of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on Financial Services of the House of
Representatives; and
(9) the Committee on the Judiciary of the House of
Representatives.
SEC. 207. PUBLIC-PRIVATE TASK FORCE.
(a) Establishment.--The Director of the Office of National Drug
Control Policy (referred to in this section as the ``Director'') shall
establish a public-private task force for the purpose of--
(1) enhancing engagement with private sector;
(2) improving cooperation and information and data sharing
among Federal, State, local and private-sector entities;
(3) establishing working groups, each of which shall
consist of not fewer than 5 private sector representatives,
on--
(A) transportation, including airports and air
cargo, rail and rail cargo, trucking, and maritime
ports and maritime cargo;
(B) shipping, including international and
interstate freight forwarding, mailing, and other
logistics;
(C) technology, including social media and e-
commerce websites;
(D) financial industry, including banking, payment
applications, and money remittance and transfer
companies; and
(E) forensic services, including publicly funded
forensic services, medical examiners, toxicologists,
and coroners;
(4) preventing the movement of illicit synthetic drugs in
the United States transportation network; and
(5) reducing the exposure and access of the people of the
United States to illicit synthetic drugs.
(b) Membership.--The public-private task force established pursuant
to subsection (a) shall be composed of an appropriate number of
representatives from Federal, State, local, territorial, and Tribal law
enforcement and other agencies, including the Department of
Transportation, the Department of Commerce, the Department of Homeland
Security, the Department of Justice, the Department of the Treasury,
the Department of Health and Human Services, and the United States
Postal Service.
(c) Coordination.--The Director shall coordinate with members of
the public law enforcement agencies represented on the task force
established pursuant to subsection (a), including representatives of
the entities listed under subsection (b), to improve sharing of
intelligence and data relating to the exploitation of the United States
transportation network to transport illicit synthetic drugs.
(d) Report.--Not later than 2 years after the date of the enactment
of this Act, the Director shall submit a report describing the
activities of the task force established pursuant to subsection (a)
to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Finance of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(6) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(7) the Committee on Energy and Commerce of the House of
Representatives;
(8) the Committee on Homeland Security of the House of
Representatives;
(9) the Committee on Financial Services of the House of
Representatives;
(10) the Committee on Ways and Means of the House of
Representatives; and
(11) the Committee on the Judiciary of the House of
Representatives.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line