December 9, 2019 - Issue: Vol. 165, No. 196 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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DHS OPIOID DETECTION RESILIENCE ACT OF 2019; Congressional Record Vol. 165, No. 196
(House of Representatives - December 09, 2019)
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[Pages H9367-H9369] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] DHS OPIOID DETECTION RESILIENCE ACT OF 2019 Ms. CLARKE of New York. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4761) to ensure U.S. Customs and Border Protection officers, agents, and other personnel have adequate synthetic opioid detection equipment, that the Department of Homeland Security has a process to update synthetic opioid detection capability, and for other purposes. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 4761 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Opioid Detection Resilience Act of 2019''. SEC. 2. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT PORTS OF ENTRY. Not later than 180 days after the date of the enactment of this section, the Commissioner of U.S. Customs and Border Protection (CBP) shall-- (1) implement a strategy to ensure deployed chemical screening devices are able to identify in an operational environment narcotics at purity levels less than or equal to 10 percent, or provide ports of entry with an alternate method for identifying narcotics at lower purity levels; and (2) require testing of any new chemical screening devices to understand the abilities and limitations of such devices relating to identifying narcotics at various purity levels before CBP commits to the acquisition of such devices. SEC. 3. PLAN TO ENSURE OPIOID DETECTION EQUIPMENT RESILIENCY. Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security shall implement a plan for the long-term development of a centralized spectral database for chemical screening devices. Such plan shall address the following: (1) How newly identified spectra will be collected, stored, and distributed to such devices in their operational environment, including at ports of entry. (2) Identification of parties responsible for updates and maintenance of such database. The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from New York (Ms. Clarke) and the gentleman from Louisiana (Mr. Higgins) each will control 20 minutes. The Chair recognizes the gentlewoman from New York. General Leave Ms. CLARKE of New York. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on this measure. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from New York? There was no objection. Ms. CLARKE of New York. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, every American community, in one way or another, has been impacted by the opioid crisis. This crisis, already two decades old, continues to grow and evolve. According to the Centers for Disease Control and Prevention, more than 28,000 people in the United States overdosed or died from synthetic opioids in 2017 alone. Virtually all types of opioids, whether finished heroin or potent synthetic opioids such as fentanyl, cross our borders through our ports of entry. Transnational criminal organizations hide illicit narcotics in legitimate [[Page H9368]] cross-border cargo, making detection a significant challenge. The potency of these narcotics also varies by the method used to smuggle it into the country. With fentanyl, we now know that shipments coming through our international mail system often have higher purity levels than those smuggled in cargo crossing our land borders. Often, the majority of fentanyl and other opioids seized at land ports of entry have a purity level of less than 10 percent, making it possible to sell these drugs in our communities faster. Fighting back against this tactic requires U.S. Customs and Border Protection, CBP, to have adequate detection technology to interject these opioids before they reach our communities. However, in September of 2019, the Department of Homeland Security, DHS, Office of Inspector General reported that CBP purchased technology to screen for synthetic opioids that was unable to identify fentanyl and other synthetic opioids with purity levels below 10 percent. H.R. 4761, the DHS Opioid Detection Resilience Act of 2019, is a bipartisan bill meant to address this capability gap. It requires CBP to implement a strategy to ensure its chemical screening devices can identify narcotics, including opioids and synthetic opioids, that are less than 10 percent in concentration. The bill also requires that CBP follow best practices and good government standards by testing new devices to understand their capabilities and limitations prior to deployment. Recognizing that drug traffickers change their tactics and the chemicals used as precursors, H.R. 4761 also requires DHS to take steps toward developing a centralized database for chemical screening devices. This would mean that, as new chemicals are identified, their specific signatures will be more readily detected by the screening devices used by CBP's frontline personnel. DHS must continually adapt and stay ahead of the criminal organizations seeking to exploit our systems. An effective and enhanced detection capability is a critical tool to accomplishing that mission. Mr. Speaker, I urge my House colleagues to support this legislation, and I reserve the balance of my time. House of Representatives, Committee on Ways and Means, Washington, DC, November 20, 2019. Hon. Bennie G. Thompson, Chairman, Committee on Homeland Security, Washington, DC. Dear Chairman Thompson: In recognition of the desire to expedite consideration of H.R. 4761, the DHS Opioid Detection Resilience Act of 2019, the Committee on Ways and Means agrees to waive formal consideration of the bill as to provisions that fall within the rule X jurisdiction of the Committee on Ways and Means. The Committee on Ways and Means takes this action with the mutual understanding that we do not waive any jurisdiction over the subject matter contained in this or similar legislation, and the Committee will be appropriately consulted and involved as the bill or similar legislation moves forward so that we may address any remaining issues within our jurisdiction. The Committee also reserves the right to seek appointment of an appropriate number of conferees to any House-Senate conference involving this or similar legislation. Finally, I would appreciate your response to this letter confirming this understanding, and would ask that a copy of our exchange of letter on this matter be included in the Congressional Record during floor consideration of H.R. 4761. Sincerely, Richard E. Neal, Chairman. ____ House of Representatives, Committee on Homeland Security, Washington, DC, November 21, 2019. Hon. Richard Neal, Chairman, Committee on Ways and Means, Washington, DC. Dear Chairman Neal: Thank you for your letter regarding H.R. 4761, the ``DHS Opioid Detection Resilience Act of 2019.'' The Committee on Homeland Security recognizes that the Committee on Ways and Means has a jurisdictional interest in H.R. 4761, and I appreciate your effort to allow this bill to be considered on the House floor. I concur with you that forgoing action on the bill does not in any way prejudice the Committee on Ways and Means with respect to its jurisdictional prerogatives on this bill or similar legislation in the future, and I would support your effort to seek appointment of an appropriate number of conferees to any House-Senate conference involving this legislation. I will include our letters on H.R. 4761 in the Congressional Record during floor consideration of this bill. I look forward to working with you on this legislation and other matters of great importance to this nation. Sincerely, Bennie G. Thompson, Chairman. Mr. HIGGINS of Louisiana. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, U.S. Customs and Border Protection law enforcement officers are the first line of defense in preventing the illicit flow of drugs and contraband from entering our country. I walked the border with my brothers and sisters of the thin blue line, and I have seen what CBP is up against. I can tell you firsthand that our cartel adversaries are ruthless and steadfast in their determination to exploit our laws and poison our communities. Transnational drug traffickers operate like a business, always looking to capitalize on products high in demand and high with profit margin. Today, their focus is fentanyl, a drug 100 times more powerful than morphine. Just 2 milligrams are enough to be lethal. Fentanyl and its analogs are being produced mostly in China, but also increasingly in Mexico. Illicit opioids enter the United States through the mail, concealed within vehicles or cargo coming through the ports of entry, and in backpacks of cartel drug runners. Initially, Chinese drug traffickers were so confident that fentanyl would not be interdicted they sent stacks of it through the mail. The CBP improved, their targeting improved, and cartels were forced to change their approach, sending smaller quantities and rerouting packages through freight forwarders and other countries to mask their point of origin. The 2018 DEA threat assessment stated that the purity level of the fentanyl coming across the land border is, on average, less than 10 percent pure. However, a recent DHS Office of Inspector General report found that the CBP's small-scale chemical screening devices cannot identify fentanyl purity levels of 10 percent or less. This is crucial. The IG also found that there was no policy or centralized database in place to ensure chemical screening devices had up-to-date spectral libraries essential to ensuring all analogs and new opioid forms can be detected. That is why I am pleased to see the House take up my bill, H.R. 4761, the DHS Opioid Detection Resilience Act of 2019. My bill addresses the gaps in CBP's opioid detection capability by requiring the Customs and Border Protection commissioner to implement a strategy to ensure chemical screening devices can identify narcotics in an operational environment with low purity levels. H.R. 4761 also requires DHS to develop a centralized spectral database for chemical screening devices to ensure unity of effort across all components they encounter when opioids cross the field. {time} 1615 CBP works tirelessly to prevent this poison from reaching American communities, and this bill helps law enforcement carry out that mission. I thank Congresswoman Clarke and Congressmen Rogers, McCaul, King, Rose, Katko, and Joyce for signing on as original cosponsors and for their support of this important legislation. Mr. Speaker, I would like to make the gentlewoman aware that I have no further speakers and that I am prepared to close. I urge the adoption of the bill, and I yield back the balance of my time. Ms. CLARKE of New York. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 4761 is a bipartisan measure that received the full support of the Committee on Homeland Security to address a capability need identified by the DHS inspector general. The DHS Opioid Detection Resilience Act of 2019 seeks to ensure that CBP personnel have the best and most up-to-date technology to detect and prevent opioids from entering the country and our communities. Mr. Speaker, I urge passage of H.R. 4761, and I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from New York (Ms. Clarke) that the House suspend the rules and pass the bill, H.R. 4761. [[Page H9369]] The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Ms. CLARKE of New York. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this motion will be postponed. ____________________
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