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[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>
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