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

<DOC>





                                                       Calendar No. 640
115th CONGRESS
  2d Session
                                S. 3047

                          [Report No. 115-353]

  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, Mr. Manchin, Ms. Hassan, Ms. 
Heitkamp, and Mr. Carper) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

                           November 13, 2018

  Reported by Mr. Johnson, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) CBP.--The term ``CBP'' means U.S. Customs and 
        Border Protection.</DELETED>
        <DELETED>    (2) Commissioner.--The term ``Commissioner'' means 
        the Commissioner of U.S. Customs and Border 
        Protection.</DELETED>
        <DELETED>    (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.</DELETED>
        <DELETED>    (4) Motor vehicle.--The term ``motor vehicle'' has 
        the meaning given the term in section 30301 of title 49, United 
        States Code.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (6) Under secretary.--The term ``Under Secretary'' 
        means the Under Secretary of Science and Technology of the 
        Department.</DELETED>

<DELETED>SEC. 3. PILOT PROGRAM AUTHORITY.</DELETED>

<DELETED>    (a) Establishment.--The Under Secretary and the 
Commissioner shall jointly establish the pilot programs described in 
sections 4 and 5.</DELETED>
<DELETED>    (b) Implementation.--The Under Secretary and the 
Commissioner shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 4. NARCOTIC DRUG SCREENING TECHNOLOGY PILOT PROGRAM FOR 
              INBOUND INTERNATIONAL MAIL.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--In establishing the pilot program 
required under subsection (a), the Under Secretary and the Commissioner 
shall--</DELETED>
        <DELETED>    (1) facilitate the development of--</DELETED>
                <DELETED>    (A) technology to screen letters, flats, 
                and parcel mail, as well as mail transport shipment 
                containers and bags; and</DELETED>
                <DELETED>    (B) methods for using data to expose 
                illegal mail transfers of narcotic drugs from foreign 
                countries;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the effectiveness of the processes or 
                procedures; and</DELETED>
                <DELETED>    (B) whether adjustments to the processes 
                or procedures are needed to enhance detection of 
                narcotic drugs;</DELETED>
        <DELETED>    (4) implement adjustments, if any, identified 
        under paragraph (3)(B); and</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a determination of background levels 
                of narcotic drugs in postal facilities;</DELETED>
                <DELETED>    (B) periodic operational testing of 
                deployed instruments using non-vendor supplied 
                materials;</DELETED>
                <DELETED>    (C) reviews of screener training; 
                and</DELETED>
                <DELETED>    (D) mechanisms to address the introduction 
                of new narcotic drugs and sample types, including 
                analogue substances.</DELETED>

<DELETED>SEC. 5. NARCOTIC DRUG SCREENING TECHNOLOGY PILOT PROGRAM AT 
              LAND BORDER PORTS OF ENTRY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--In establishing the pilot program 
required under subsection (a), the Under Secretary and the Commissioner 
shall--</DELETED>
        <DELETED>    (1) facilitate the development of technology to 
        screen motor vehicles, pedestrian traffic, and cargo;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the effectiveness of the processes and 
                procedures; and</DELETED>
                <DELETED>    (B) whether adjustments to the processes 
                and procedures are needed to enhance detection of 
                narcotic drugs;</DELETED>
        <DELETED>    (4) implement adjustments, if any, identified 
        under paragraph (3)(B); and</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) periodic operational testing of 
                deployed instruments using non-vendor supplied 
                materials;</DELETED>
                <DELETED>    (B) reviews of screener training; 
                and</DELETED>
                <DELETED>    (C) mechanisms to address the introduction 
                of new narcotic drugs and sample types, including 
                analogue substances.</DELETED>

<DELETED>SEC. 6. REPORT ON PILOT PROGRAMS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) a timeframe for full implementation of the 
        technology developed under the pilot programs; and</DELETED>
        <DELETED>    (5) any conclusions based on the reviews required 
        to be conducted, including suggested revisions or 
        alterations.</DELETED>

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) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (2) Covered substances.--The term ``covered substances'' 
        means illicit fentanyl and any precursors, other synthetic 
        opioids and any precursors, heroin, methamphetamine, and other 
        narcotic drugs and psychoactive substances.
            (3) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Homeland Security for Science and 
        Technology.

SEC. 3. INTERAGENCY COLLABORATION ON RESEARCH AND TECHNOLOGY 
              DEVELOPMENT.

    (a) Entry by Mail.--The Commissioner, the Under Secretary, and the 
Postmaster General, in coordination with the heads of other Federal 
agencies as appropriate, shall collaborate to identify and develop 
technology for the detection of covered substances entering the United 
States by mail.
    (b) Entry by Land and Sea.--The Commissioner and the Under 
Secretary, in coordination with the heads of other Federal agencies as 
appropriate, shall collaborate to develop new technology for the 
detection of covered substances at border ports of entry in motor 
vehicles, cargo, and cargo containers, including enhancements to border 
infrastructure that can help canine detection to be more efficient and 
effective.
    (c) Outreach to Private Sector.--The Commissioner and the Under 
Secretary shall conduct appropriate outreach to private sector entities 
and federally funded research and development centers to gather 
information regarding the state of technology and identify areas for 
innovation relating to the detection of covered substances entering the 
United States.
    (d) Report on Research Coordination and Technology Development.--
Not later than 1 year after the date of enactment of this Act, and each 
year thereafter for 3 additional years, the Commissioner and the Under 
Secretary, in consultation with the Postmaster General and the heads of 
other Federal agencies as appropriate, 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 that--
            (1) describes any technology and related processes and 
        procedures developed under this section and how the technology, 
        processes, and procedures will be operationalized and 
        incorporated into the detection regime in use during the year 
        preceding the report;
            (2) describes the effectiveness of the technology and 
        related processes and procedures developed under this section, 
        including a comparison against technology, processes, and 
        procedures in use as of the date of enactment of this Act;
            (3) estimates the cost of operationalizing and implementing 
        the technology, processes, and procedures developed under this 
        section into the detection regime in use during the year 
        preceding the report;
            (4) includes a timeframe for full implementation of the 
        technology, processes, and procedures developed under this 
        section that will improve the detection regime in use during 
        the year preceding the report;
            (5) describes any Federal policy changes needed to 
        implement the technology, processes, and procedures developed 
        under this section that will improve the detection regime in 
        use during the year preceding the report; and
            (6) describes any challenges that impact the deployment of 
        technology, processes, and procedures developed under this 
        section that will improve the detection regime in use during 
        the year preceding the report, and plans to overcome those 
        challenges.
            Amend the title so as to read: ``A bill to encourage 
        Federal agencies to coordinate on research and the development 
        of technology to combat illicit opioid importation, and for 
        other purposes.''.
                                                       Calendar No. 640

115th CONGRESS

  2d Session

                                S. 3047

                          [Report No. 115-353]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 13, 2018

        Reported with an amendment and an amendment to the title