Search Now, Inspect for Fentanyl Act of 2018

“(f) Authority To inspect certain suspicious packages

“(1) Definitions—In this subsection—

“(A) the term covered package means a package that—

“(i) originated outside the United States; and

“(ii) is addressed to a location within the United States;

“(B) the term qualified employee means an employee of the Postal Service who has been properly trained to inspect the contents of covered packages; and

“(C) the term United States includes any territory or possession of the United States.

“(2) Authority

“(A) In general—Except as provided in subparagraph (B), and notwithstanding subsection (c), if a qualified employee acting in his or her official capacity at an international service center that processes inbound international mail has probable cause to believe that a covered package contains illicit materials, including matter that is nonmailable under section 3001, the employee shall, without obtaining a search warrant, inspect the contents of the covered package.

“(B) Safety exception—The requirement under subparagraph (A) shall not apply with respect to a covered package if a qualified employee believes that inspecting the contents of the covered package would pose a risk of personal injury to the employee or other individuals.

“(3) Rules of construction—Nothing in paragraph (2) shall be construed to authorize—

“(A) any employee of the Postal Service to inspect a covered package, after the package has entered the domestic distribution network, without obtaining a search warrant; or

“(B) any person to read correspondence contained in a covered package without obtaining a search warrant.”