Overview

Title

To stop the shipment of illicit synthetic drugs via transportation networks in the United States, and for other purposes.

ELI5 AI

S. 5285 is a plan to stop bad drugs, like fentanyl, from being secretly shipped around the U.S. It wants to use special tools and trained dogs at places like airports and docks to find these drugs without breaking any rules.

Summary AI

S. 5285 aims to tackle the shipment of illegal synthetic drugs, like fentanyl, through various transportation systems in the U.S. The bill proposes using advanced technology and trained canines to conduct non-intrusive inspections at land ports, airports, and seaports to detect these drugs. It suggests a grant program to help state, local, and tribal law enforcement agencies access necessary resources and technologies. The bill also pushes for national strategies involving multiple agencies to enhance inspection and enforcement efforts while ensuring these activities respect legal protections.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-25
Package ID: BILLS-118s5285is

Bill Statistics

Size

Sections:
26
Words:
8,413
Pages:
43
Sentences:
166

Language

Nouns: 2,646
Verbs: 589
Adjectives: 631
Adverbs: 53
Numbers: 260
Entities: 477

Complexity

Average Token Length:
4.63
Average Sentence Length:
50.68
Token Entropy:
5.38
Readability (ARI):
29.17

AnalysisAI

Summary of the Bill

The "Stop Smuggling Illicit Synthetic Drugs on U.S. Transportation Networks Act of 2024" is a proposed piece of legislation aimed at curbing the trafficking of illegal synthetic drugs across the United States' transportation systems. The bill seeks to employ advanced technologies and canines for inspections, rally various federal and local law enforcement agencies, and establish comprehensive strategies to prevent the smuggling of substances like fentanyl. The legislation encompasses various programs and grants to aid federal, state, local, territorial, and Tribal law enforcement agencies in detecting these illegal activities, particularly focusing on vehicles, civil cargo, maritime vessels, and land-based transportation methods.

Summary of Significant Issues

One major issue with the bill is the absence of clear budget allocations or cost estimates for its initiatives. Without explicit financial planning, there is a risk of unanticipated fiscal burdens that might lead to inefficient or wasteful spending.

Another concern is the vague delineation of roles and responsibilities across multiple agencies, which could lead to coordination challenges. This is particularly evident in the development and implementation of national strategies to combat drug smuggling, where various federal and private sector representatives are involved but without specified duties.

While the bill aims to enhance inspection activities, it does not provide detailed guidelines on how to balance security measures with avoiding disruptions to commerce. This could potentially impact businesses negatively by causing prolonged delays and logistical inefficiencies.

Furthermore, there is a lack of concrete criteria or metrics for evaluating the effectiveness of the proposed programs. This absence may result in ineffective initiatives that continue unaddressed owing to a lack of performance measurement.

The proposed funding mechanism through the Department of the Treasury Forfeiture Fund is concerning due to its unpredictability and variability, which could lead to inconsistent support for critical activities.

Impact on the Public

The bill, if implemented effectively, could significantly reduce the smuggling of dangerous synthetic drugs, thereby improving public safety and national security. The use of advanced technology could also streamline the processes of detecting illicit drugs without overly intrusive methods.

There is, however, the potential for negative impacts on businesses and the economy due to possible delays in transportation caused by increased inspections. This could result in increased costs and inconveniences, especially if the inspections are not managed efficiently.

Moreover, without clearly defined roles for Tribal law enforcement agencies, there might be jurisdictional conflicts, particularly in areas near Tribal lands. This lack of clarity could lead to ineffective law enforcement in those regions.

Impact on Specific Stakeholders

Law Enforcement Agencies

State, local, territorial, and Tribal law enforcement agencies stand to benefit from the resources and training provided by the grant programs. However, the vague guidelines and absence of clear success metrics could make it challenging for them to implement effective inspection programs and to secure necessary funding.

Businesses and Commerce

Businesses involved in interstate commerce may face negative impacts due to potential delays and disruptions caused by heightened inspection activities. There is a need for careful balancing to ensure that the businesses are not unduly affected by the implemented security measures.

Federal and Governmental Agencies

For federal and governmental agencies involved, the bill requires coordination and collaboration across various sectors, which could prove difficult without clearly defined roles and responsibilities. The lack of clarity might lead to inefficiencies and overlaps in duties.

Public Health and Safety

The general public might benefit from a potential reduction in the availability of illicit synthetic drugs. Improved safety protocols and technologies could prevent drug-related health crises, safeguarding communities at large.

In conclusion, while the intentions of the bill align with enhancing national security and public safety, it will require careful handling of budgetary concerns, clear delineation of responsibilities, and effective implementation of security measures to avoid potential negative repercussions on businesses and local jurisdictions.

Issues

  • The bill lacks explicit budget allocations or cost estimates for many of its initiatives, including the development of inspection technologies and the expansion of inspection programs (Sections 102, 103, 104, 105, 108, 109). This could lead to unanticipated financial burdens and potentially wasteful spending without proper oversight.

  • The responsibility for developing and implementing a comprehensive national strategy to prevent illicit synthetic drug smuggling is spread among multiple agencies without clear delineation of roles and responsibilities (Section 102). This lack of clarity could lead to coordination challenges and inefficiencies.

  • The mechanism for funding increased inspection activities through the Department of the Treasury Forfeiture Fund (Section 104) raises concerns about the dependency on unpredictable and variable resources.

  • The bill proposes the expansion of inspection activities (such as Section 104) without specifying clear guidelines to balance the increased security measures with the risk of prolonged delays and interference with interstate commerce, which can negatively impact businesses and the economy.

  • There is a lack of specific criteria or metrics for measuring the success or effectiveness of programs and strategies outlined in the bill (Sections 105, 109, 111). This lack of definitive success metrics may lead to continuation of ineffective programs.

  • The bill does not adequately specify the roles of Tribal law enforcement agencies in various inspection programs (Section 108). This lack of clarity can lead to jurisdictional or operational misunderstandings, particularly in areas involving Tribal lands.

  • The rule of construction in Section 3 implies certain existing laws will remain unaffected, yet it does not specify which laws. This can create ambiguity for enforcers and could lead to misunderstandings or legal challenges.

  • The language used in various sections regarding the definition of 'illicit synthetic drugs' and the types of technologies to be used for inspections could benefit from additional clarity to ensure consistent interpretation across different jurisdictions (Sections 4, 104, 109).

  • The term 'emerging drugs' in the context of Section 205 is vague and does not specify the primary focus or objectives, which could lead to varied interpretations and inefficient allocation of resources.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Stop Smuggling Illicit Synthetic Drugs on U.S. Transportation Networks Act of 2024 aims to reduce illegal synthetic drug trafficking through U.S. transportation by utilizing canines and advanced technology for inspections. It includes strategies, programs, and grant opportunities targeted at enhancing inspection protocols and research, with the involvement of various governmental and law enforcement agencies.

2. Sense of Congress Read Opens in new tab

Summary AI

The section expresses Congress's opinion that fentanyl and other illegal drugs are a national security threat, and that drug traffickers misuse U.S. transportation systems to smuggle these drugs. It emphasizes the need for additional resources for law enforcement agencies to enhance detection of these drugs without establishing new national policies.

3. Rule of construction Read Opens in new tab

Summary AI

The rule of construction in this section clarifies that nothing in the Act changes any existing federal laws or regulations related to the search and seizure of illegal synthetic drugs by State, local, Tribal, and territorial law enforcement.

4. Definitions Read Opens in new tab

Summary AI

The section defines key terms related to synthetic drugs. "Illicit" refers to activities like making, selling, or transporting synthetic drugs that break federal laws, while "synthetic drugs" include substances like fentanyl and methamphetamine, made through chemical processes.

101. Definitions Read Opens in new tab

Summary AI

This section of the bill defines key terms used in the legislation, such as Administrator for the head of the TSA, Amtrak for the National Railroad Passenger Corporation, and various government committees and legal terms, including those related to controlled substances and entities like Indian Tribe, local government, and State.

102. Development of comprehensive national strategy to prevent illicit synthetic drug smuggling through United States transportation systems to protect transportation security and interstate commerce Read Opens in new tab

Summary AI

The section mandates the Director of the Office of National Drug Control Policy to work with various government and private sector representatives to create a national strategy aimed at stopping the smuggling of illegal synthetic drugs through U.S. transport systems. This plan should ensure transport security, avoid disruptions to trade, and maintain the smooth flow of goods and people, with a report on its implementation due to Congress within two years.

103. Development of strategy to accelerate research and development of non-intrusive, advanced inspection technologies to detect illicit synthetic drugs Read Opens in new tab

Summary AI

The section instructs specific government officials to work together to create a plan that speeds up research and technological development to find illegal synthetic drugs using advanced technology, such as artificial intelligence and quantum computing. The plan must be reported to certain congressional committees within two years of the law being enacted.

104. Expanded non-intrusive inspections at ports of entry Read Opens in new tab

Summary AI

The section outlines a plan for the U.S. Customs and Border Protection to conduct non-intrusive inspections on vehicles, trains, civil air cargo, and maritime cargo entering the U.S. to detect illegal synthetic drugs like fentanyl. It sets a timeline for full implementation, details guidelines for carrying out these inspections lawfully without discrimination, and states that funding will come from the Department of the Treasury Forfeiture Fund.

105. Civil cargo inspection program Read Opens in new tab

Summary AI

The civil cargo inspection program is designed to detect illicit synthetic drugs transported by civil aircraft in the U.S. through random inspections using technology and canines. It involves coordination among various federal agencies, allows designated law enforcement officers to conduct inspections, and includes a training requirement for participants to ensure the inspections are effective and lawful.

106. Land-based transportation inspection programs Read Opens in new tab

Summary AI

The section outlines programs for detecting illegal synthetic drugs being transported by rail and commercial trucks in the U.S. It involves random, non-intrusive inspections coordinated by the Administrator, with assistance and consultation from various federal and local agencies, and emphasizes coordinating with tribal and local law enforcement, ensuring inspections are done safely and without unduly delaying goods or interfering with legitimate commerce.

107. NHTSA public service announcement campaign Read Opens in new tab

Summary AI

The National Highway Traffic Safety Administration, in partnership with the Advertising Council, is tasked with creating a national campaign to warn people about the dangers of driving under the influence of fentanyl and similar drugs.

108. Maritime transportation inspection program Read Opens in new tab

Summary AI

The section establishes a program led by the Administrator in collaboration with various agencies to use technology and canines for detecting illegal synthetic drugs in maritime cargo outside ports. It outlines the training and coordination needed to ensure safe and legal inspections by federal, state, local, and tribal law enforcement while minimizing disruptions to ports and transportation.

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 Read Opens in new tab

Summary AI

The section establishes a grant program by the Secretary of Homeland Security to help State, local, territorial, and Tribal law enforcement agencies use advanced technology and trained canines for detecting illicit synthetic drugs. To receive these grants, agencies must apply and show they can use the funds according to specific guidelines and constitutional requirements.

110. Additional requirements for canines used in inspection programs Read Opens in new tab

Summary AI

The section outlines additional requirements for canines used in inspection programs. It mandates the Transportation Security Administration and U.S. Customs and Border Protection to ensure that these canines receive safety training, are certified for detecting synthetic drugs, and are provided with necessary protective equipment such as testing equipment and naloxone by law enforcement agencies at all levels.

111. Annual briefing Read Opens in new tab

Summary AI

The section requires the leader of each relevant federal agency to give a yearly briefing to the appropriate congressional committees about the status and effectiveness of the programs they oversee, which were created under this title.

112. Limitations and protections Read Opens in new tab

Summary AI

The section outlines how federal agencies must create and publish plans for inspections and other activities under the law. These plans must follow guidelines to ensure the actions are legal, coordinated, non-discriminatory, and efficient, while respecting rights and not disrupting commerce. It also requires outreach to local stakeholders and reviews by the Department of Homeland Security to ensure compliance, with any legal issues promptly reported to Congress.

113. Requirements for inspection program participation and receipt of grant awards Read Opens in new tab

Summary AI

In order to take part in an inspection program or receive a grant under this section, a State, local government, or Indian Tribe must show they are ready and able to follow the guidelines and the Fourth Amendment. If they fail to do so, the federal agency in charge can end their participation or take away the grant.

114. Duration Read Opens in new tab

Summary AI

Each inspection program created under this section will end exactly 7 years after it is established.

115. Rules of construction Read Opens in new tab

Summary AI

The section explains that nothing in the title expands the power of Federal agencies to act internationally. It also states that state, local, and tribal governments can choose to join inspection programs under this title voluntarily, and their participation cannot rely on enforcing any Federal laws except those specified in the Act and related regulations.

201. Transportation Security Administration Read Opens in new tab

Summary AI

The section amends previous legislation to require the Administrator of the Transportation Security Administration (TSA) to ensure that all TSA personnel— including officers, agents, other staff, and even canines—receive necessary training, protective equipment, and tools to handle potential exposure to dangerous synthetic drugs while performing their duties.

202. Strategy and plan for Coast Guard interdiction of illicit synthetic drugs in the maritime environment Read Opens in new tab

Summary AI

The Coast Guard must develop a strategy within a year to stop illegal synthetic drugs entering through maritime routes and create an action plan with necessary resources. Additionally, they need to report this plan to specific Senate and House committees within 18 months, with the report mostly unclassified.

203. Pilot program on improving crime scene investigations and death investigations involving illicit synthetic drugs Read Opens in new tab

Summary AI

The bill requires the Secretary of Commerce to create a pilot program to improve crime scene investigations for cases involving synthetic drugs. This program will focus on new technologies and training, and may include developing tools to protect investigators from drug exposure and enhance drug detection capabilities.

204. Authorization and expansion of Rapid Drug Analysis and Research program Read Opens in new tab

Summary AI

The bill authorizes the continuation and possible expansion of the Rapid Drug Analysis and Research (RaDAR) program led by the National Institute of Standards and Technology (NIST). It includes coordination with local entities across the U.S. and Puerto Rico, requires laboratory standards for participation, and mandates a report to Congress detailing the expansion efforts within 18 months of the bill’s enactment.

205. Emerging drugs pilot program Read Opens in new tab

Summary AI

The section establishes a pilot program for the National Institute of Standards and Technology, in collaboration with the Attorney General and the CDC, to create a network of laboratories focused on emerging drugs. This program aims to provide timely data on drug use and trafficking, develop new testing methods, and issue regular reports to assist law enforcement and health organizations.

206. National Science Foundation pilot program to combat illicit synthetic drugs Read Opens in new tab

Summary AI

The National Science Foundation is tasked with creating a pilot program to enhance cooperation between different sectors like academia, industry, and nonprofits to develop new methods to fight illegal synthetic drugs. Additionally, a report on the program's progress must be submitted to various Senate and House committees within 18 months of the Act's enactment.

207. Public-private task force Read Opens in new tab

Summary AI

The section mandates the establishment of a public-private task force by the Director of the Office of National Drug Control Policy to enhance cooperation and sharing of information among federal, state, local, and private sectors, aiming to combat illicit synthetic drugs in the United States. It outlines the task force's structure, which includes representatives from different sectors and agencies, and requires a report on its activities to be submitted to various congressional committees within two years.