117 S5285 IS: Stop Smuggling Illicit Synthetic Drugs on U.S. Transportation Networks Act of 2024
U.S. Senate
2024-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
2d Session
S. 5285
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Ms. Cantwell (for herself, Ms. Baldwin, Ms. Rosen, Mr. Tester, and Mr. Luján) 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.
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.
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.
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.
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.
I

Use of canines and non-intrusive advanced technology to disrupt interstate transportation of illicit synthetic drugs
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
II

Additional measures to combat illicit synthetic drug trafficking on United States transportation systems
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.”.
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.
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.
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.
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.
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.
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.