[House Report 115-317]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-317
======================================================================
INTERNATIONAL NARCOTICS TRAFFICKING EMERGENCY RESPONSE BY DETECTING
INCOMING CONTRABAND WITH TECHNOLOGY ACT
_______
September 21, 2017.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 2142]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2142) to improve the ability of U.S. Customs and
Border Protection to interdict fentanyl, other synthetic
opioids, and other narcotics and psychoactive substances that
are illegally imported into the United States, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Narcotics Trafficking
Emergency Response by Detecting Incoming Contraband with Technology
Act'' or the ``INTERDICT Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chemical screening device.--The term ``chemical screening
device'' means an immunoassay, narcotics field test kit,
infrared spectrophotometer, mass spectrometer, nuclear magnetic
resonance spectrometer, Raman spectrophotometer, or other
scientific instrumentation able to collect data that can be
interpreted to determine the presence of fentanyl, other
synthetic opioids, and other narcotics and psychoactive
substances.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Express consignment operator or carrier.--The term
``express consignment operator or carrier'' has the meaning
given that term in section 128.1 of title 19, Code of Federal
Regulations (or any similar successor regulation).
SEC. 3. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER
NARCOTICS AND PSYCHOACTIVE SUBSTANCES.
(a) Chemical Screening Devices.--The Commissioner shall--
(1) increase the number of chemical screening devices
available to U.S. Customs and Border Protection officers over
the number of such devices that are available on the date of
the enactment of this Act; and
(2) make such additional chemical screening devices available
to U.S. Customs and Border Protection officers as the
Commissioner determines are necessary to interdict fentanyl,
other synthetic opioids, and other narcotics and psychoactive
substances that are illegally imported into the United States,
including such substances that are imported through the mail or
by an express consignment operator or carrier.
(b) Personnel to Interpret Data.--The Commissioner shall dedicate the
appropriate number of U.S. Customs and Border Protection personnel,
including scientists, so that such personnel are available during all
operational hours to interpret data collected by chemical screening
devices.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner $9,000,000
to ensure that U.S. Customs and Border Protection has resources,
including chemical screening devices, personnel, and scientists,
available during all operational hours to prevent, detect, and
interdict the unlawful importation of fentanyl, other synthetic
opioids, and other narcotics and psychoactive substances.
Purpose and Summary
H.R. 2142, the ``INTERDICT Act,'' provides U.S. Customs and
Border Protection (CBP) with the latest chemical screening
devices and scientific support to detect and intercept fentanyl
and other synthetic opioids. Specifically, this bill will
ensure that CBP has additional portable chemical screening
devices available at ports of entry and at mail and express
consignment facilities, as well as additional fixed chemical
screening devices available in CBP laboratories. The INTERDICT
Act provides CBP with sufficient resources, personnel, and
facilities--including scientists available during all
operational hours--to interpret screening results from the
field.
The INTERDICT Act will deliver to law enforcement the
additional tools and resources it needs by authorizing $9
million for new screening devices, laboratory equipment,
facilities, and support personnel to detect these deadly drugs
before traffickers can deliver it into the stream of commerce.
Background and Need for Legislation
Fentanyl is a deadly synthetic opioid that can be up to 50
times stronger than heroin and 100 times stronger than
morphine. Although prescription fentanyl can be misused, most
fentanyl deaths are linked to illicitly manufactured fentanyl
and illicit versions of chemically similar compounds known as
fentanyl analogs. Between 2014 and 2015, the number of
synthetic opioid overdoses rose 72 percent, amounting to 9,500
deaths.
The majority of fentanyl trafficked in the United States
originates in Mexico or China. The drug is typically smuggled
across the U.S. border or sent via mail or express consignment
couriers. Fentanyl can also be ordered online. Because of its
potency, fentanyl typically comes in small amounts, making it
more difficult for authorities to detect.
Hearings
No hearings were held on H.R. 2142 in the 115th Congress.
Committee Consideration
The Committee met on September 7, 2017, to consider H.R.
2142, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Fitzpatrick (#1); was AGREED TO by voice vote.
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. 2142.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2142, the International Narcotics Trafficking Emergency
Response by Detecting Incoming Contraband with Technology Act,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congessional Budget Office,
Washington, DC, September 18, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2142, the
INTERDICT Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2142--INTERDICT Act
H.R. 2142 would authorize the appropriation of $9 million
for the Customs and Border Protection (CBP) agency in the
Department of Homeland Security to help prevent the importation
of certain illegal drugs including fentanyl. Those funds would
be used to purchase and use chemical screening devices at
points of entry into the United States, to support additional
CBP personnel who operate such devices, and for staff to
interpret the data collected.
The bill does not specify a time period for the
authorization so CBO assumes the funds would be appropriated in
2018. Based on spending patterns for similar activities, CBO
estimates that implementing the legislation would cost $9
million over the 2018-2019 period.
Enacting H.R. 2142 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 2142 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 2142 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 2142 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goal or objective of the INTERDICT
Act is to deliver to law enforcement the tools and resources it
needs to perform and support the interdiction of deadly drugs
being trafficked into the United States.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 2142 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
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(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 2142 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2142 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``International Narcotics Trafficking Emergency Response by
Detecting Incoming Contraband with Technology Act'' or the
``INTERDICT Act''.
Sec. 2. Definitions.
This section defines terms used in this act including:
``chemical screening device'', ``commissioner'', and ``express
consignment operator or carrier''.
Sec. 3. Interdiction of Fentanyl, Other Synthetic opioids, and Other
Narcotics, and Psychoative Substances.
This section directs the Commissioner to increase the
number of chemical screening devices available to U.S. Customs
and Border Protection officers in order to detect and intercept
fentanyl and other synthetic opioids. This section also directs
the Commissioner to dedicate U.S. Customs and Border Protection
personnel to interpret data collected by the chemical screening
devices during all operational hours.
The Committee believes that the opioid epidemic is a
serious and growing problem. The Committee strongly supports
providing CBP with additional tools such as hi-tech chemical
screening devices, funding for scientists and other support
staff to help detect and interdict fentanyl and other illicit
synthetic opioids that pose a significant threat to the
American people. The Committee believes that CBP plays a
critical role in reducing illicit opioids from flooding our
communities, and that CBP should have the most advanced tools
to accomplish that mission.
Sec. 4. Authorization of Appropriations.
This section authorizes $9,000,000 to be appropriated in
order to carry out this Act.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 2142 makes no changes to existing law.