II 115th CONGRESS 2d Session S. 3047 IN THE SENATE OF THE UNITED STATES June 11, 2018 Mrs. McCaskill (for herself, Mr. King , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a narcotic drug screening technology pilot program to combat illicit opioid importation, and for other purposes.

1. Short title This Act may be cited as the Opportunities to Provide for Illicit Opioid Interdiction and Detection Act of 2018 or the OPIOID Act of 2018 . 2. Definitions In this Act: (1) CBP The term CBP means U.S. Customs and Border Protection. (2) Commissioner The term Commissioner means the Commissioner of U.S. Customs and Border Protection. (3) Department The term Department means the Department of Homeland Security. (4) Motor vehicle The term motor vehicle has the meaning given the term in section 30301 of title 49, United States Code. (5) Narcotic drug The term narcotic drug has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (6) Under Secretary The term Under Secretary means the Under Secretary of Science and Technology of the Department. 3. Pilot program authority (a) Establishment The Under Secretary and the Commissioner shall jointly establish the pilot programs described in sections 4 and 5. (b) Implementation The Under Secretary and the Commissioner shall— (1) not later than 90 days after the date of enactment of this Act, begin development of the pilot program described in section 4; and (2) not later than 1 year after the date of enactment of this Act, implement both of the pilot programs described in sections 4 and 5. (c) Sunset The authority provided to the Under Secretary and the Commissioner under this section shall terminate on the date that is 5 years after the date on which both of the pilot programs described in sections 4 and 5 are implemented. (d) Application of FACA The pilot programs authorized under this Act shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 4. Narcotic drug screening technology pilot program for inbound international mail (a) Establishment of program The Under Secretary and the Commissioner shall, in consultation with the Postmaster General, the Administrator of the Drug Enforcement Administration, and any other entity the Under Secretary and the Commissioner determine appropriate, including industry experts and academia, jointly establish a pilot program to develop new technology, or deploy existing technology, designed to screen mail, items, and containers entering the United States for narcotic drugs. (b) Requirements In establishing the pilot program required under subsection (a), the Under Secretary and the Commissioner shall— (1) facilitate the development of— (A) technology to screen letters, flats, and parcel mail, as well as mail transport shipment containers and bags; and (B) methods for using data to expose illegal mail transfers of narcotic drugs from foreign countries; (2) develop processes and procedures necessary to test, evaluate, and operationalize any technology developed under the pilot program, including processes for incorporating the technology with, or replacing, technology in use as of the date of enactment of this Act; (3) review the processes and procedures described in subparagraphs (A) and (B) of paragraph (1), that are in effect as of the date of enactment of this Act to determine— (A) the effectiveness of the processes or procedures; and (B) whether adjustments to the processes or procedures are needed to enhance detection of narcotic drugs; (4) implement adjustments, if any, identified under paragraph (3)(B); and (5) consult with the National Institute of Standards and Technology to ensure that technologies deployed under the pilot program perform in an effective manner, including— (A) a determination of background levels of narcotic drugs in postal facilities; (B) periodic operational testing of deployed instruments using non-vendor supplied materials; (C) reviews of screener training; and (D) mechanisms to address the introduction of new narcotic drugs and sample types, including analogue substances. 5. Narcotic drug screening technology pilot program at land border ports of entry (a) Establishment of program The Under Secretary and the Commissioner shall, in consultation with the Administrator of the Drug Enforcement Administration and any other entity the Under Secretary and the Commissioner determine appropriate, including industry experts and academia, jointly establish a pilot program to develop new technology, or deploy existing technology, designed to screen motor vehicles, pedestrian traffic, and cargo entering the United States at a land border port of entry for narcotic drugs. (b) Requirements In establishing the pilot program required under subsection (a), the Under Secretary and the Commissioner shall— (1) facilitate the development of technology to screen motor vehicles, pedestrian traffic, and cargo; (2) develop processes and procedures necessary to test, evaluate, and operationalize any technology developed under the pilot program, including processes for incorporating the technology with, or replacing, technology in use as of the date of enactment of this Act; (3) review the processes and procedures for screening and inspecting motor vehicles, pedestrian traffic, and cargo at a land border port of entry of the United States in effect as of the date of enactment of this Act to determine— (A) the effectiveness of the processes and procedures; and (B) whether adjustments to the processes and procedures are needed to enhance detection of narcotic drugs; (4) implement adjustments, if any, identified under paragraph (3)(B); and (5) consult with the National Institute of Standards and Technology to ensure that technologies deployed under the pilot program perform in an effective manner, including— (A) periodic operational testing of deployed instruments using non-vendor supplied materials; (B) reviews of screener training; and (C) mechanisms to address the introduction of new narcotic drugs and sample types, including analogue substances. 6. Report on pilot programs Not later than 1 year after the date on which the pilot programs described in sections 4 and 5 are both implemented, and each year thereafter until the sunset date described in section (3)(c), the Under Secretary and the Commissioner shall submit a joint report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on— (1) any technology developed under the pilot programs and a description of how the technology will be operationalized and incorporated into the detection regime in use as of the date of enactment of this Act; (2) the effectiveness of the technology developed under the pilot programs, including a comparison against technology in use as of the date of enactment of this Act; (3) a cost estimate for operationalizing and implementing the technology developed under the pilot programs into the detection regime in use as of the date of enactment of this Act; (4) a timeframe for full implementation of the technology developed under the pilot programs; and (5) any conclusions based on the reviews required to be conducted, including suggested revisions or alterations.