[Congressional Record Volume 165, Number 196 (Monday, December 9, 2019)]
[House]
[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.

                          ____________________