[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)