Sec. 112. Limitations and protections
421 words·~2 min read·
/bill/118/s/5285/is/section-112·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The head of each Federal agency responsible for overseeing or conducting activities authorized under this title shall— develop guidelines that— establish the criteria for initiating an inspection, search, seizure, or other activity carried out under this title; describe how such activities should be carried out; and specify where such activities may be conducted; develop and implement a plan to ensure inspections, searches, seizures and other activities carried out under this title— 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 established pursuant to paragraph (1); utilize law enforcement resources efficiently and are not duplicative by considering and coordinating with— 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 Federal known shipper and consignor programs; and do not unreasonably interfere with or compromise other lawful inspections, screenings, and business operations; and conduct outreach and engagement with local private sector stakeholders, including civil society organizations, before finalizing such plan. 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. In publishing a plan under paragraph (1), the head of the relevant Federal agency shall redact any sensitive law enforcement information. The Office of the Inspector General of the Department of Homeland Security shall— 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 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. 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.