Sec. 106. Land-based transportation inspection programs
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/bill/118/s/5285/is/section-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Administrator shall establish a program for— detecting illicit synthetic drugs transported in and through United States by passenger rail and freight rail networks outside ports of entry; and aiding in the enforcement of covered laws relating to such transportation. 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. The Administrator shall carry out the program established pursuant to paragraph (1)— in coordination with the Attorney General; and in consultation with— the Secretary of Homeland Security; the Executive Associate Director of Homeland Security Investigations; the Secretary of Transportation; the Administrator of the Federal Railroad Administration; the Chief Executive Officer of Amtrak; the head of railroad police as determined by the railroad for all Class I railroads; the Postmaster General; the Chief Postal Inspector of the Postal Inspection Service; and any other Federal agency the Administrator deems appropriate. 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. 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— implementation and enforcement in Indian Country and rural areas with limited jail space or detention capabilities; the need for ongoing cooperation and coordination with Tribal law enforcement agencies; and additional Federal resources, including additional Federal law enforcement presence, in Indian country and rural areas. The pilot program for passenger rail shall consider the unique public safety needs of passenger rail routes in rural areas and in Indian country. The Administrator shall establish a program for— detecting illicit synthetic drugs transported in and through the interior United States by commercial motor vehicles; and aiding in the enforcement of covered laws relating to such transportation. 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. The Administrator shall carry out the program established pursuant to paragraph (1)— in coordination with the Attorney General; and in consultation with— the Secretary of Homeland Security; the Executive Associate Director of Homeland Security Investigations; the Secretary of Transportation; the Administrator of the Federal Motor Carrier Safety Administration; the Postmaster General; the Chief Postal Inspector of the Postal Inspection Service; and any other Federal agency the Administrator deems appropriate. 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 technologies or canines deployed to detect illicit synthetic drugs in cargo transported by commercial motor vehicles— may only be deployed at weigh stations; 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 may not unduly prolong delays to goods and persons traveling in interstate commerce or unreasonably interfere with other inspections and lawful commercial operations. 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. A land port described in this paragraph is— a land port of entry on the border of the United States through which commercial freight is moved by rail; 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 any other freight rail terminal. 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. The training required under paragraph
(1)shall include— an overview of the purpose of the program; information and exercises relating to preventing occupational exposure to illicit synthetic drugs and the use of personal protective equipment; the contents of the relevant guidelines and plan established pursuant to section 112; procedures for lawfully conducting non-intrusive inspections; and live exercises to simulate inspections. 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.