[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3047 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3047

  To establish a narcotic drug screening technology pilot program to 
       combat illicit opioid importation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2018

Mrs. McCaskill (for herself, Mr. King, and Mr. Manchin) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish a narcotic drug screening technology pilot program to 
       combat illicit opioid importation, 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.

    This Act may be cited as the ``Opportunities to Provide for Illicit 
Opioid Interdiction and Detection Act of 2018'' or the ``OPIOID Act of 
2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) CBP.--The term ``CBP'' means U.S. Customs and Border 
        Protection.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning given the term in section 30301 of title 49, United 
        States Code.
            (5) Narcotic drug.--The term ``narcotic drug'' has the 
        meaning given the term in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (6) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Science and Technology of the 
        Department.

SEC. 3. PILOT PROGRAM AUTHORITY.

    (a) Establishment.--The Under Secretary and the Commissioner shall 
jointly establish the pilot programs described in sections 4 and 5.
    (b) Implementation.--The Under Secretary and the Commissioner 
shall--
            (1) not later than 90 days after the date of enactment of 
        this Act, begin development of the pilot program described in 
        section 4; and
            (2) not later than 1 year after the date of enactment of 
        this Act, implement both of the pilot programs described in 
        sections 4 and 5.
    (c) Sunset.--The authority provided to the Under Secretary and the 
Commissioner under this section shall terminate on the date that is 5 
years after the date on which both of the pilot programs described in 
sections 4 and 5 are implemented.
    (d) Application of FACA.--The pilot programs authorized under this 
Act shall not be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).

SEC. 4. NARCOTIC DRUG SCREENING TECHNOLOGY PILOT PROGRAM FOR INBOUND 
              INTERNATIONAL MAIL.

    (a) Establishment of Program.--The Under Secretary and the 
Commissioner shall, in consultation with the Postmaster General, the 
Administrator of the Drug Enforcement Administration, and any other 
entity the Under Secretary and the Commissioner determine appropriate, 
including industry experts and academia, jointly establish a pilot 
program to develop new technology, or deploy existing technology, 
designed to screen mail, items, and containers entering the United 
States for narcotic drugs.
    (b) Requirements.--In establishing the pilot program required under 
subsection (a), the Under Secretary and the Commissioner shall--
            (1) facilitate the development of--
                    (A) technology to screen letters, flats, and parcel 
                mail, as well as mail transport shipment containers and 
                bags; and
                    (B) methods for using data to expose illegal mail 
                transfers of narcotic drugs from foreign countries;
            (2) develop processes and procedures necessary to test, 
        evaluate, and operationalize any technology developed under the 
        pilot program, including processes for incorporating the 
        technology with, or replacing, technology in use as of the date 
        of enactment of this Act;
            (3) review the processes and procedures described in 
        subparagraphs (A) and (B) of paragraph (1), that are in effect 
        as of the date of enactment of this Act to determine--
                    (A) the effectiveness of the processes or 
                procedures; and
                    (B) whether adjustments to the processes or 
                procedures are needed to enhance detection of narcotic 
                drugs;
            (4) implement adjustments, if any, identified under 
        paragraph (3)(B); and
            (5) consult with the National Institute of Standards and 
        Technology to ensure that technologies deployed under the pilot 
        program perform in an effective manner, including--
                    (A) a determination of background levels of 
                narcotic drugs in postal facilities;
                    (B) periodic operational testing of deployed 
                instruments using non-vendor supplied materials;
                    (C) reviews of screener training; and
                    (D) mechanisms to address the introduction of new 
                narcotic drugs and sample types, including analogue 
                substances.

SEC. 5. NARCOTIC DRUG SCREENING TECHNOLOGY PILOT PROGRAM AT LAND BORDER 
              PORTS OF ENTRY.

    (a) Establishment of Program.--The Under Secretary and the 
Commissioner shall, in consultation with the Administrator of the Drug 
Enforcement Administration and any other entity the Under Secretary and 
the Commissioner determine appropriate, including industry experts and 
academia, jointly establish a pilot program to develop new technology, 
or deploy existing technology, designed to screen motor vehicles, 
pedestrian traffic, and cargo entering the United States at a land 
border port of entry for narcotic drugs.
    (b) Requirements.--In establishing the pilot program required under 
subsection (a), the Under Secretary and the Commissioner shall--
            (1) facilitate the development of technology to screen 
        motor vehicles, pedestrian traffic, and cargo;
            (2) develop processes and procedures necessary to test, 
        evaluate, and operationalize any technology developed under the 
        pilot program, including processes for incorporating the 
        technology with, or replacing, technology in use as of the date 
        of enactment of this Act;
            (3) review the processes and procedures for screening and 
        inspecting motor vehicles, pedestrian traffic, and cargo at a 
        land border port of entry of the United States in effect as of 
        the date of enactment of this Act to determine--
                    (A) the effectiveness of the processes and 
                procedures; and
                    (B) whether adjustments to the processes and 
                procedures are needed to enhance detection of narcotic 
                drugs;
            (4) implement adjustments, if any, identified under 
        paragraph (3)(B); and
            (5) consult with the National Institute of Standards and 
        Technology to ensure that technologies deployed under the pilot 
        program perform in an effective manner, including--
                    (A) periodic operational testing of deployed 
                instruments using non-vendor supplied materials;
                    (B) reviews of screener training; and
                    (C) mechanisms to address the introduction of new 
                narcotic drugs and sample types, including analogue 
                substances.

SEC. 6. REPORT ON PILOT PROGRAMS.

    Not later than 1 year after the date on which the pilot programs 
described in sections 4 and 5 are both implemented, and each year 
thereafter until the sunset date described in section (3)(c), the Under 
Secretary and the Commissioner shall submit a joint report to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
on--
            (1) any technology developed under the pilot programs and a 
        description of how the technology will be operationalized and 
        incorporated into the detection regime in use as of the date of 
        enactment of this Act;
            (2) the effectiveness of the technology developed under the 
        pilot programs, including a comparison against technology in 
        use as of the date of enactment of this Act;
            (3) a cost estimate for operationalizing and implementing 
        the technology developed under the pilot programs into the 
        detection regime in use as of the date of enactment of this 
        Act;
            (4) a timeframe for full implementation of the technology 
        developed under the pilot programs; and
            (5) any conclusions based on the reviews required to be 
        conducted, including suggested revisions or alterations.
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