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116th Congress    }                                 {    Rept. 116-319
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                 {           Part 1

======================================================================



 
              DHS OPIOID DETECTION RESILIENCE ACT OF 2019

                                _______
                                

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. 4761]

    The Committee on Homeland Security, to whom was referred 
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, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
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............     3
Duplicative Federal Programs.....................................     3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................     4
Committee Correspondence.........................................     5

                          PURPOSE AND SUMMARY

    H.R. 4761, the ``DHS Opioid Detection Resilience Act of 
2019'' seeks to ensure U.S. Customs and Border Protection (CBP) 
officers, agents, and other personnel have adequate synthetic 
opioid detection equipment, and that the Department of Homeland 
Security (DHS) has a process to update synthetic opioid 
detection capability.
    H.R. 4761 addresses limitations in chemical screening 
devices used by CBP to detect fentanyl and other opioids. The 
bill would require CBP to implement a strategy to ensure that 
deployed chemical screening devices are able to identify 
synthetic opioids in an operational environment at a purity 
level of 10 percent or lower, or provide ports of entry with an 
alternative method for identifying narcotics at lower purity 
levels. The bill requires that any new chemical screening 
devices are tested to assess their limitations before 
acquisition. It also directs the DHS Secretary to implement a 
plan for developing a centralized spectral database for 
chemical screening devices that addresses how newly identified 
drug compounds will be collected, stored, and distributed to 
these devices in an operational environment and who the 
appropriate parties responsible for updates and maintenance of 
the database are.

                  BACKGROUND AND NEED FOR LEGISLATION

    The opioid crisis (including synthetic opioids, such as 
fentanyl) has reached epidemic levels and currently affects 
large portions of the United States. The majority of fentanyl 
is smuggled into the country through international mail 
facilities, express consignment facilities, and ports of entry 
(POE) along the southern land border. CBP plays a vital role in 
detecting and interdicting illicit narcotics before they enter 
the United States. However, in September 2019, a DHS Office of 
Inspector General report (OIG-19-67) called attention to 
limitations of the screening technology that CBP deploys to 
detect synthetic opioids. The report found that while most 
fentanyl seized at the southern land border POEs contain purity 
levels of less than 10 percent, CBP purchased and deployed 
screening devices at these locations that are unable to detect 
fentanyl and other illicit narcotics with purity levels below 
10 percent.\1\ This occurred because CBP failed to test the 
screening device capability to identify illicit narcotics and 
failed to identify purity requirements prior to purchasing and 
deploying the device. Because of this, CBP has a limited 
ability to intercept low purity levels of fentanyl and other 
illicit narcotics that fuel the opioid crisis in the United 
States.
---------------------------------------------------------------------------
    \1\DHS Office of Inspector General, Limitations of CBP OFO's 
Screening Device Used to Identify Fentanyl and Other Narcotics. OIG-19-
67, September 30, 2019.
---------------------------------------------------------------------------

                                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. 
4761:
           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. 4761 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. 4761.

                      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. 4761 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 objective of H.R. 4761 is to 
address the current detection capability gap in technology used 
by CBP to detect fentanyl and other opioids. H.R. 4761 will 
also require CBP to test any new technology before acquisition 
to ensure that CBP has the necessary technology to detect 
fentanyl and other opioids at ports of entry. Another objective 
of H.R. 4761 is to ensure DHS chemical screening devices have 
the most up-to-date spectral library to ensure resilience of 
DHS opioid detection capability.

                          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 
``DHS Opioid Detection Resilience Act of 2019.''

Sec. 2. Strategy to ensure detection of all opioid purity levels at 
        ports of entry

    This section requires the CBP Commissioner to implement a 
strategy to ensure deployed chemical screening devices are able 
to identify narcotics in an operational environment at purity 
levels less than or equal to 10 percent, or provide ports of 
entry with an alternative method for identifying narcotics at 
lower purity levels. The strategy must be documented and must 
clearly identify and assess: the detection capability gap as it 
relates to CBP's operational environment, actionable solutions, 
and defined metrics in order for CBP to provide measurable 
performance. The strategy must be in place no later than 180 
days after enactment.
    This section also requires the CBP Commissioner to test 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. The testing of any new chemical screening 
devices must be documented and must include objectives, 
requirements, and testing deliverables, including testing 
outcomes.

Sec. 3. Plan to ensure opioid detection equipment resiliency

    This section requires the Secretary of Homeland Security to 
implement a plan for the long-term development of a centralized 
spectral database for chemical screening devices no later than 
180 days after enactment. The plan must address how newly 
identified spectra will be collected, stored, and distributed 
to screening devices in an operational environment and identify 
the parties responsible for updates and maintenance of the 
database. The plan must be documented, and include goals, 
requirements, objectives, and mechanisms for achieving the 
stated objectives.


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