[Congressional Record Volume 168, Number 105 (Tuesday, June 21, 2022)]
[House]
[Pages H5693-H5695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PREVENT EXPOSURE TO NARCOTICS AND TOXICS ACT OF 2021

  Mr. SWALWELL. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5274) to amend the Homeland Security Act of 2002 to provide 
training for U.S. Customs and Border Protection personnel on the use of 
containment devices to prevent secondary exposure to fentanyl and other 
potentially lethal substances, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5274

       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 ``Prevent Exposure to 
     Narcotics and Toxics Act of 2021'' or the ``PREVENT ACT of 
     2021''.

     SEC. 2. PROVIDING TRAINING FOR U.S. CUSTOMS AND BORDER 
                   PROTECTION PERSONNEL ON THE USE OF CONTAINMENT 
                   DEVICES TO PREVENT SECONDARY EXPOSURE TO 
                   FENTANYL AND OTHER POTENTIALLY LETHAL 
                   SUBSTANCES.

       (a) Training.--Paragraph (1) of section 416(b) of the 
     Homeland Security Act of 2002 (6 U.S.C. 216(b)) is amended by 
     adding at the end the following new subparagraph:
       ``(C) How to use containment devices to prevent secondary 
     exposure to fentanyl and other potentially lethal 
     substances.''.
       (b) Availability of Containment Devices.--Section 416(c) of 
     the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is 
     amended--
       (1) by striking ``and'' after ``equipment'' and inserting a 
     comma; and
       (2) by inserting ``and containment devices'' after 
     ``naloxone,''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Swalwell) and the gentlewoman from Iowa (Mrs. Miller-
Meeks) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. SWALWELL. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which 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 
gentleman from California?
  There was no objection.
  Mr. SWALWELL. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 5274, the Prevent 
Exposure to Narcotics and Toxics Act, as introduced by my friend and 
colleague, Representative Joyce of Ohio. I see that he is here, so I 
will let him speak on his bill, and I will follow up shortly.
  I urge my colleagues to support this bill, and I reserve the balance 
of my time.

[[Page H5694]]

                                         House of Representatives,


                               Committee on Homeland Security,

                                    Washington, DC, June 17, 2022.
     Hon. Richard E. Neal,
     Chairman, Committee on Ways and Means,
     House of Representatives, Washington, DC.
       Dear Chairman Neal: Thank you for your letter regarding 
     H.R. 5274, the ``PREVENT Act of 2021.'' I recognize that the 
     Committee on Ways and Means has a jurisdictional interest in 
     H.R. 5274, 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. 5274 in the Committee 
     report on this measure and 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,
     Committee on Homeland Security.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                                    Washington, DC, June 17, 2022.
     Hon. Bennie G. Thompson,
     Chair, Committee on Homeland Security,
     Washington, DC.
       Dear Chair Thompson: In recognition of the desire to 
     expedite consideration of H.R. 5274, the ``PREVENT Act of 
     2021'', 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. 5274.
           Sincerely,
                                                  Richard E. Neal,
                                                            Chair.

  Mrs. MILLER-MEEKS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 5274, the Prevent 
Exposure to Narcotics and Toxics Act, introduced by my friend and 
colleague,   David Joyce.
  This bill addresses the important issue of protecting our frontline 
Customs and Border Protection personnel from the dangerous and illicit 
drugs they encounter every day.
  This is especially important as the situation at our southern border 
continues to worsen by the day under this administration. In fiscal 
year 2021, Customs and Border Protection officers and agents seized 
more than 914,000 pounds of illicit narcotics, and so far this fiscal 
year, CBP is on track to seize a similar amount of illegal drugs.

                              {time}  1430

  Unfortunately, in 2019, the Department of Homeland Security's Office 
of the Inspector General issued a report that found CBP personnel were 
not adequately protected and were at greater risk of secondary exposure 
while handling illicit drugs such as fentanyl and methamphetamine.
  CBP frontline personnel often work in challenging and dangerous 
environments as they risk exposure to these illicit drugs via 
inhalation, ingestion, skin contact, and contact with needles.
  H.R. 5274 will require the CBP Commissioner to issue containment 
devices, which are critical tools that provide protection against 
secondary exposure to fentanyl and other chemicals to help protect our 
frontline officers and agents.
  Madam Speaker, I strongly encourage all Members to support this bill 
to protect our dedicated frontline law enforcement at the border, and I 
reserve the balance of my time.
  Mr. SWALWELL of California. Madam Speaker, I reserve the balance of 
my time.
  Mrs. MILLER-MEEKS. Madam Speaker, I yield 3 minutes to the gentleman 
from Ohio (Mr. Joyce).
  Mr. JOYCE of Ohio. Madam Speaker, with over 108,000 Americans dying 
from a drug overdose last year, all of us are uniquely aware of the 
opioid crisis ravaging our country.
  Similarly, Americans have watched as the crisis at our southern 
border has turned into an outright catastrophe. There is a threat that 
both these crises pose, and it has gone unaddressed for far too long: 
secondary exposure to fentanyl. Secondary exposure occurs when an 
individual is unintentionally exposed to fentanyl and the drug enters 
the bloodstream through accidental absorption.
  This happened in my home State of Ohio. A police officer overdosed 
after brushing fentanyl off his uniform following the arrest of a drug 
dealer.
  The threat of secondary exposure is consistently faced by one group 
in particular: Customs and Border Protection agents. CBP officers have 
seized over 340,000 pounds of drugs this fiscal year, including 5,300 
pounds of fentanyl. That is enough to kill 2.4 billion people.
  Madam Speaker, today, I am calling on my colleagues to pass my bill 
to better protect those working to secure our borders: H.R. 5274, the 
Prevent Exposure to Narcotics and Toxics Act. Known as the PREVENT Act, 
my bill would require CBP to issue containment devices to all frontline 
border security personnel and provide training on their proper use.
  Congress already requires CBP to provide Narcan to all officers at 
risk of secondary exposure, making this legislation a simple but 
necessary extension of the tools we provide those who defend our 
borders. Containment devices are a critical safety technology that 
allows first responders to safely store fentanyl and other dangerous 
substances in a secure device.
  They not only protect agents from secondary exposure, but also better 
preserve narcotics for forensic analysis, improving the integrity of 
investigations and the chances of further legal action against 
traffickers.
  The crisis at our southern border has exploded to unprecedented 
levels, and with it, we have seen a shocking rise in the amount of 
fentanyl flowing into the United States. While those of us in Congress 
may differ on how we believe this crisis should be solved, we can agree 
that the men and women working to stop deadly drugs from reaching our 
communities deserve to be protected on this job. The PREVENT Act 
provides them with that protection.
  Madam Speaker, I am proud to have introduced this bill and will 
always have the backs of the CBP agents working to keep our country 
safe. These men and women put their lives on the line every day. The 
least Congress can do is ensure they have what they need to do their 
jobs as safely as possible.
  Mr. SWALWELL of California. Madam Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I thank my colleague across the aisle, Mr. Joyce, a 
former prosecutor, someone who understands the importance of having the 
backs of law enforcement as they are on the frontlines in dealing with 
this deadly toxin. I, too, commend CBP for the hard work that they do 
every single day and the drugs that they are interdicting to protect 
our communities.
  No doubt, fentanyl and other toxics have taken thousands of American 
lives. I can personally speak that in my family, we have seen a family 
member suffer through a fentanyl addiction. If I could wave a wand and 
get rid of all the fentanyl in the world, I would do it. Mr. Joyce's 
legislation makes sure that we are not exposing more people 
unnecessarily to it.
  Madam Speaker, the Centers for Disease Control and Prevention 
estimate that over 107,000 drug overdose deaths occurred in 2021, which 
is an increase of nearly 15 percent from 2020. And most of these 
originate overseas, primarily from China, who is not doing enough to 
stop the fentanyl leaving its borders.
  But the heroes of U.S. Customs and Border Protection interdict and 
seize opioids and other illicit drugs at our borders before they make 
their way into American communities, and we know that their exposure is 
extremely dangerous and could be fatal.
  When detecting or seizing opioids, frontline CBP personnel are at 
high risk of exposure to these substances through inhalation, 
ingestion, and skin contact. One way to prevent accidental

[[Page H5695]]

contact is through Mr. Joyce's legislation that would provide the use 
of containment devices. This legislation protects CBP officers and 
agents by ensuring that those at risk of exposure have access to 
containment devices and, most importantly, understand how to use them.
  Last Congress, this body enacted Congresswoman Yvette Clarke's 
Synthetic Opioid Exposure Prevention and Training Act to protect CBP 
personnel from exposure to synthetic opioids. That law required CBP to 
implement a safety framework to protect its personnel from exposure to 
potential synthetic opioids.
  We also enacted Congressman Clay Higgins' DHS Opioid Detection 
Resilience Act to ensure CBP implements a strategy to detect synthetic 
opioids at lower purity levels.
  Together, these measures responded to concerns raised by the 
Department of Homeland Security's Office of Inspector General about the 
risk of accidental narcotics exposure to frontline CBP personnel.
  Madam Speaker, consideration of H.R. 5274 is particularly timely as 
CBP's fentanyl seizures continue to increase.
  Madam Speaker, I ask my colleagues to support H.R. 5274, and I 
reserve the balance of my time.
  Mrs. MILLER-MEEKS. Madam Speaker, certainly, H.R. 5274 is a small 
step that we can take in managing the crisis at our southern border, in 
addition to emphasizing border security. I thank Representative Joyce 
for his very astute observation that our law enforcement is at risk and 
for his bill to help protect those who protect and serve us.
  Madam Speaker, I have no further speakers. I urge Members to support 
this bill, and I yield back the balance of my time.
  Mr. SWALWELL of California. Madam Speaker, I have no more speakers, 
and I am prepared to close.
  Madam Speaker, I yield myself the balance of my time. Again, I thank 
Mr. Joyce. I thank the other side for their bipartisan interest in this 
legislation.
  As I said, as the son of a police officer, a brother to a number of 
police officers--we are a law enforcement family--and I see every day 
and hear from my family about the exposure they face, particularly 
those on the southern border.
  Madam Speaker, I seek swift passage of this legislation, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Swalwell) that the House suspend the 
rules and pass the bill, H.R. 5274.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROY. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________