Sec. 104. Expanded non-intrusive inspections at ports of entry
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/bill/118/s/5285/is/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. 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. 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. The Commissioner for U.S. Customs and Border Protection shall— develop guidelines— establishing the criteria for initiating an inspection, search, seizure, or other activity required under this section; describing how such activities should be carried out; and specifying where such activities may be conducted; and develop and implement a plan to ensure inspections, searches, seizures, and other activities required under this section— are lawful and comply with the Fourth Amendment to the Constitution of the United States and other federally protected rights; do not unduly prolong delays to goods and persons traveling in interstate commerce; are not performed with discriminatory intent or purpose; are carried out in a standardized manner and in accordance with the guidelines developed pursuant to paragraph (1); and do not unreasonably interfere with or compromise other lawful inspections, screenings, and business operations.
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.