[House Report 117-375]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-375
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
PREVENT EXPOSURE TO NARCOTICS AND TOXICS ACT OF 2021
_______
June 17, 2022.--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. 5274]
The Committee on Homeland Security, to whom was referred
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, having considered the same,
reports favorably thereon without amendment and recommends 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
Correspondence with Other Committees............................. 4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 5
Federal Mandates Statement....................................... 5
Duplicative Federal Programs..................................... 5
Statement of General Performance Goals and Objectives............ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
H.R. 5274, the ``Prevent Exposure to Narcotics and Toxics
Act of 2021'' amends the Homeland Security Act of 2002 to
provide training for U.S. Customs and Border Protection (CBP)
personnel on the use of containment devices to reduce exposure
to fentanyl and other potentially lethal substances when
engaged in inspections and other border security-related
activities. The legislation also ensures the availability of
containment devices for CBP personnel at risk of accidental
exposure to synthetic opioids in the course of carrying out
their official duties.
Background and Need for Legislation
The opioid epidemic is a national challenge that has taken
thousands of American lives. Overdose deaths have been rising
throughout the COVID-19 pandemic, with the Centers for Disease
Control and Prevention (CDC) estimating that 107,622 drug
overdose deaths occurred in 2021--an increase of nearly 15
percent from 2020. Between 2019 and 2020, overdose deaths rose
by 30 percent. With most of these lethal drugs originate
overseas, CBP prioritizes the interdiction and seizure of
opioids and other illicit drugs at our borders, before they
make their way into American communities. CBP estimates it
interdicted 1.2 billion potential doses of fentanyl in Fiscal
Year (FY) 2020 and 2.6 billion potential doses of fentanyl in
FY 2021. While fentanyl is the most frequently seized synthetic
opioid, CBP is also encountering fentanyl analogues and other
synthetic opioids. In the first 6 months of FY 2022, CBP
encountered fentanyl and 29 of its analogues, as well as 50
unique synthetic opioids that are not from the fentanyl class.
In the course of carrying out their border inspections
mission, CBP personnel are at high risk of exposure to harmful
substances through inhalation, ingestion, and skin contact.
Containment devices prevent exposure by creating a controlled,
negative pressure environment to reduce exposure to hazardous
substances. These devices bring a second layer of protection
beyond personal protection equipment (PPE) and protect the
lives of personnel interdicting toxics at our border.
In July 2019, the Department of Homeland Security's Office
of Inspector General (OIG) issued a Management Alert entitled
``CBP Did Not Adequately Protect Employees from Possible
Fentanyl Exposure'' (OIG-19-53) that identified a number of
serious issues with CBP's preparations for accidental contact
with synthetics, and recommended that CBP revise its training
to include guidance on safely handling and storing fentanyl and
other opioids. In response to the OIG Management Alert, the
Committee advanced two measures that were enacted into law in
the 116th Congress: the ``Synthetic Opioid Exposure Prevention
and Training Act'' (Pub. L. 116-260) and ``DHS Opioid Detection
Resilience Act of 2019'' (Pub. L. 116-254).
H.R. 5274 builds upon those two prior laws by requiring CBP
to provide training for its personnel on the use of containment
devices to prevent accidental exposure to fentanyl and other
potentially lethal substances. The legislation also requires
CBP to ensure that containment devices are available to all CBP
personnel at risk of accidental exposure to synthetic opioids.
Hearings
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, the following hearings
were used to develop H.R. 5274:
On May 18, 2022, the Committee held a
hearing entitled ``Examining DHS's Efforts to Combat
the Opioid Epidemic.'' The Committee received testimony
from Mr. Brian Sulc, Executive Director, Transnational
Organized Crime Mission Center, Office of Intelligence
& Analysis, U.S. Department of Homeland Security; Mr.
Pete Flores, Executive Assistant Commissioner, Office
of Field Operations, U.S. Customs & Border Protection,
U.S. Department of Homeland Security; and Mr. Steve
Cagen, Assistant Director for Countering Transnational
Organized Crime, Homeland Security Investigations, U.S.
Immigration & Customs Enforcement, U.S. Department of
Homeland Security.
In the 116th Congress, the Committee also held a relevant
hearing:
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 May 19, 2022, a quorum being present,
to consider H.R. 5274 and ordered the measure to be favorably
reported to the House, without amendment, by voice vote.
Committee Votes
Clause 3(b) of rule XIII 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. 5274.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X, are incorporated in the descriptive portions of this
report.
Correspondence With Other Committees
House of Representatives,
Committee on Ways and Means,
Washington, DC, June 17, 2022.
Hon. Bennie G. Thompson,
Chair, Committee on Homeland Security,
House of Representatives, 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.
----------
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.
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 and section 308(a) of the Congressional Budget Act of
1974, and with respect to the requirements of clause 3(c)(3) of
rule XIII and section 402 of the Congressional Budget Act of
1974, the Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
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. 5274 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 5274 is to ensure CBP personnel are provided training on
the use of containment devices to protect against accidental
synthetic exposure to opioids and other potentially lethal
substances. H.R. 5274 also requires the CBP Commissioner ensure
that containment devices are available to CBP personnel at risk
of secondary exposure to synthetic opiods.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI, 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 rule XXI.
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 H.R. 5274 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 states that the 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
This section directs the CBP Commissioner to provide
mandatory and recurrent training to CBP personnel on how to use
containment devices to prevent secondary exposure to fentanyl
and other potentially lethal substances. This section also
requires the CBP Commissioner to ensure containment devices are
available to all CBP officers, agents, other personnel, and
canines at risk of accidental exposure to synthetic opioids.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
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.
(C) How to use containment devices to prevent
secondary exposure to fentanyl and other
potentially lethal substances.
(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, and containment devices 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 during the 3-year period after the
date of the enactment of this section.
* * * * * * *
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