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116th Congress } { Rept. 116-318
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
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SYNTHETIC OPIOID EXPOSURE PREVENTION AND TRAINING ACT
_______
December 3, 2019.--Committed to the Committee of the Whole House on the
State of the Union and Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 4739]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4739) to amend the Homeland Security Act of 2002
to protect U.S. Customs and Border Protection officers, agents,
other personnel, and canines against potential synthetic opioid
exposure, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 3
Federal Mandates Statement....................................... 3
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Committee Correspondence......................................... 7
Purpose and Summary
H.R. 4739, the ``Synthetic Opioid Exposure Prevention and
Training Act,'' would amend the Homeland Security Act of 2002
to protect U.S. Customs and Border Protection officers, agents,
other personnel, and canines against potential synthetic opioid
exposure.
Background and Need for Legislation
The opioid crisis has devastated communities, killed
hundreds of thousands of Americans, and strained the resources
of first responders, hospitals, and police forces. For the past
several years, the crisis has been driven by illicit synthetic
opioids, such as fentanyl--chemicals that are so potent that
they can be fatal in miniscule doses. As the vast majority of
these synthetic drugs originate abroad, the U.S. Customs and
Border Protection (CBP) plays a vital role in preventing these
substances from coming across our borders.
On a standard day, CBP will screen more than 67,000 cargo
containers and seize more than one ton of illicit drugs.\1\ The
amount of seized synthetic opioids has skyrocketed in recent
years, increasing by more than 400% since 2016.\2\ In the
course of their work, CBP's frontline personnel are at
significant risk of exposure to these dangerous chemicals--
through accidental inhalation or even direct skin contact--
resulting in accidental overdoses.\3\
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\1\U.S. Customs and Border Protection, CBP Strategy to Combat
Opioids at 3 (2019), available at https://www.cbp.gov/sites/default/
files/assets/documents/2019-Mar/CBP-Opioid-Strategy-508.pdf.
\2\Id. at 7.
\3\Centers for Disease Control and Prevention, Fentanyl: Preventing
Occupational Exposure to Emergency Responders (2017), available at
https://www.cdc.gov/niosh/topics/fentanyl/risk.html.
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In July 2019, the Department of Homeland Security's (DHS)
Inspector General (IG) issued a Management Alert (OIG-19-53)
that identified a number of serious issues with CBP's
preparations for accidental contact with synthetics. The IG
issued this urgent call to action after highlighting inadequate
training procedures, limited preparation for accidental
exposure, and frequent failure to ensure that the most common
antidote, Naloxone, was readily available in areas where
accidental exposure to synthetics could occur. H.R. 4739 was
introduced to effectuate the Alert to protect CBP officers and
agents so they can safely carry out their mission.
H.R. 4739 requires CBP to put in place measures to ensure
the safety of its personnel. It requires the establishment of
specific protocols and procedures outlining the safe handling
of substances which could contain synthetic opioids. The bill
also requires the development of mandatory, recurring training
to cover the dangers of exposure to synthetics and the proper
use of protective equipment and Naloxone. Appropriate personal
protective equipment must also be provided in order to minimize
contact with potentially dangerous substances and the
distribution of Naloxone to all high-risk areas is required.
Also included is a provision that requires regular oversight of
the trainings, protocols, and procedures established in the
bill.
Hearings
For the purposes of section 103(i) of H. Res 6. of the
116th Congress, the following hearing was used to develop H.R.
4739:
On July 25, 2019, the Committee held a
hearing entitled ``Homeland Security Implications of
the Opioid Crisis.'' The Committee received testimony
from Sondra McCauley, Assistant Inspector General for
Audits, Office of Inspector General, U.S. Department of
Homeland Security; Bridget G. Brennan, Special
Narcotics Prosecutor for the City of New York; Bryce
Pardo, Associate Policy Researcher, RAND Corporation;
and James Edward Hinson, Jr., Deputy Chief, Greensboro
Police Department, Investigative Bureau Commander.
Committee Consideration
The Committee met on October 23, 2019, with a quorum being
present, to consider H.R. 4739 and ordered the measure to be
reported to the House with a favorable recommendation, without
amendment, by unanimous consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 4739.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, And Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4739 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the goal and objective of H.R. 4739
is to protect CBP officers, agents, other personnel, and
canines against potential synthetic opioid exposure. H.R. 4739
would require the Commissioner of U.S. Customs and Border
Protection (CBP) to develop protocols and procedures for the
safe handling of potential synthetic opioids and develop a
training program on the handling of synthetic opioids and the
appropriate use of antidotes for accidental opioid overdoses.
The CBP Commissioner is, according to H.R. 4739, further
directed to ensure the availability of protective equipment and
opioid overdose antidotes. The Commissioner and the DHS
Inspector General are also directed by H.R. 4739 to conduct
monitoring and audits according to a described schedule.
Advisory on Earmarks
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Synthetic Opioid Exposure Prevention and Training Act.''
Sec. 2. Protection against potential synthetic opioid exposure within
U.S. customs and border protection
This section amends Subtitle B of title IV of the Homeland
Security Act of 2002 to direct the CBP Commissioner to issue a
policy laying out protocols and procedures detailing the
appropriate handling of synthetic opioids for all officers,
agents, and other personnel. The goal of this subsection is to
require CBP to formalize rules related to synthetic opioids and
create a framework for safety that can help protect personnel
and the public in the future. Currently, policies and
procedures related to this issue have not been sufficiently
updated to meet the threat, leading to inconsistent levels of
fitness to manage the risk posed by synthetic opioids.
This section directs the CBP Comissioner to develop a
training regimen for all officers, agents, and personnel. The
training is to be both mandatory and recurrent and is intended
to include the risks associated with synthetic opioid exposure
and the appropriate use of antidotes. Additionally, this
section permits the integration of the new training into
established procedures. The bill aims to create a formalized
structure to improve existing policies. Additionally, by
establishing strict training guidelines and procedures, the
Committee believes that CBP will be better able to respond to
changes in the threat environment in the future.
The Commissioner is required to ensure that all CBP
personnel who may encounter synthetic opioids have access to
personal protective equipment and antidotes to opioid overdose.
With this provision, the Committee hopes to ensure that CBP
leadership takes all steps necessary to ensure that lifesaving
antidotes and protection equipment that can prevent accidental
contact are widely available. DHS IG investigations indicated
the need for such a requirement after finding inadequate
equipment and medication at locations where synthetic opioids
are often encountered.
Finally, the Commissioner is directed to monitor the
effectiveness of the policies established in this bill and to
adjust for efficacy as necessary. Additionally, the DHS
Inspector General is to conduct an audit on an annual basis for
five years following enactment.
As discussed above, the Committee intends to reduce the
likelihood of CBP personnel being harmed in the future
regardless of changes to the threat environment. To this end,
this section attempts to ensure a continuous evaluation and
improvement process. The Committee was troubled to learn of the
operational gaps within CBP that the DHS Inspector General
identified in the July 2019 Management Alert and expects the
Commissioner to prioritize implementation of the provisions of
this Act to protect the frontline workforce.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules
of the House of Representatives, changes in existing law made
by the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
Sec. 411. Establishment of U.S. Customs and Border Protection;
Commissioner, Deputy Commissioner, and operational offices.
* * * * * * *
Sec. 416. Protection against potential synthetic opioid exposure.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
SEC. 416. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection shall issue a policy that specifies effective
protocols and procedures for the safe handling of potential
synthetic opioids, including fentanyl, by U.S. Customs and
Border Protection officers, agents, other personnel, and
canines, and to reduce the risk of injury or death resulting
from accidental exposure and enhance post-exposure management.
(b) Training.--
(1) In general.--Together with the issuance of the
policy described in subsection (a), the Commissioner of
U.S. Customs and Border Protection shall require
mandatory and recurrent training on the following:
(A) The potential risk of opioid exposure and
safe handling procedures for potential
synthetic opioids, including precautionary
measures such as the use of personal protective
equipment during such handling.
(B) How to access and administer opioid
receptor antagonists, including naloxone, post-
exposure to potential synthetic opioids.
(2) Integration.--The training described in paragraph
(1) may be integrated into existing training under
section 411(l) for U.S. Customs and Border Protection
officers, agents, and other personnel.
(c) Personal Protective Equipment and Opioid Receptor
Antagonists.--Together with the issuance of the policy
described in subsection (a), the Commissioner of U.S. Customs
and Border Protection shall ensure the availability of personal
protective equipment and opioid receptor antagonists, including
naloxone, to all U.S. Customs and Border Protection officers,
agents, other personnel, and canines at risk of accidental
exposure to synthetic opioids.
(d) Oversight.--To ensure effectiveness of the policy
described in subsection (a)--
(1) the Commissioner of U.S. Customs and Border
Protection shall regularly monitor the efficacy of the
implementation of such policy and adjust protocols and
procedures, as necessary; and
(2) the Inspector General of the Department shall
audit compliance with the requirements of this section
not less than once each year for the five years after
the date of the enactment of this section.
* * * * * * *
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