[Senate Report 117-193]
[From the U.S. Government Publishing Office]


                                                   Calendar No. 544

117th Congress }                                           { Report
                                 SENATE
  2nd Session  }                                           { 117-193

======================================================================
 
                            END FENTANYL ACT

                               __________

                              R E P O R T

                                OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                S. 4460

              TO REQUIRE THE COMMISSIONER OF U.S. CUSTOMS
             AND BORDER PROTECTION TO REGULARLY REVIEW AND
                 UPDATE POLICIES AND MANUALS RELATED TO
                     INSPECTIONS AT PORTS OF ENTRY

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               November 14, 2022.--Ordered to be printed               
                              __________

                    U.S. GOVERNMENT PUBLISHING OFFICE                    
39-010                    WASHINGTON : 2022                     
          
-----------------------------------------------------------------------------------                 
              
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
                    Sarah C. Pierce, Senior Counsel
               Katie A. Conley, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Jeremy H. Hayes, Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk
                     

                                                   Calendar No. 544

117th Congress }                                           { Report
                                 SENATE
  2nd Session  }                                           { 117-193

======================================================================                     
                            END FENTANYL ACT

                                _______
                                

               November 14, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4460]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4460) to require 
the Commissioner of U.S. Customs and Border Protection to 
regularly review and update policies and manuals related to 
inspections at ports of entry, having considered the same, 
reports favorably thereon with an amendment, in the nature of a 
substitute, and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. PURPOSE AND SUMMARY

    S. 4460, the Eradicating Narcotic Drugs and Formulating 
Effective New Tools to Address National Yearly Losses of Life 
Act or the END FENTANYL Act, requires the Commissioner of U.S. 
Customs and Border Protection (CBP) to review and update, as 
needed, the current policies and manuals for the Office of 
Field Operations (OFO) related to inspections at ports of entry 
at least every three years. In addition, shortly after making 
any updates, the CBP Commissioner is required to submit a 
report to Congress summarizing the policy changes.

              II. BACKGROUND AND NEED FOR THE LEGISLATION

    Drug overdose deaths in the United States have increased in 
recent years with an estimated 107,622 overdose deaths 
occurring in 2021, according to the Centers for Disease Control 
and Prevention.\1\ This epidemic has been exacerbated by the 
increase of synthetic opioids--including illicitly manufactured 
fentanyl--which have been involved in the majority of overdose 
deaths in recent years.\2\
---------------------------------------------------------------------------
    \1\Centers for Disease Control and Prevention: U.S. Overdose Deaths 
In 2021 Increased Half as Much as in 2020--But Are Still Up 15% (May 
11, 2022) (https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2022/
202205.htm).
    \2\Id.
---------------------------------------------------------------------------
    The Department of Homeland Security (DHS) plays an 
important role in preventing illicit drugs from entering the 
United States. DHS's CBP is responsible for safeguarding the 
borders of the United States from illicit activity--such as 
drug smuggling--while facilitating legitimate trade and 
travel.\3\ Specifically, CBP's Office of Field Operations (OFO) 
is responsible for inspecting pedestrians, passengers, and 
cargo at the more than 320 air, land, and sea ports of 
entry.\4\ During its inspections and operations at ports of 
entry, OFO encounters and seizes drugs. Within CBP, OFO has the 
greatest number of drug seizures, with over 77,000 drug seizure 
events resulting in an estimated 734,000 pounds of seized drugs 
during fiscal year 2021.\5\
---------------------------------------------------------------------------
    \3\U.S. Customs and Border Protection, Home Page (www.cbp.gov/
about) (accessed Aug. 31, 2022).
    \4\Government Accountability Office, Border Security: CBP Could 
Improve How It Categorizes Drug Seizure Data and Evaluates Training 
(GAO-22-104725) (May 2022).
    \5\U.S. Customs and Border Protection, Drug Seizure Statistics 
(www.cbp.gov/newsroom/stats/drug-seizure-statistics) (accessed Aug. 31, 
2022).
---------------------------------------------------------------------------
    The Drug Enforcement Administration's National Drug Threat 
Assessment report notes that the most common drug smuggling 
method used by transnational criminal organizations is through 
U.S. ports of entry in concealed compartments in passenger 
vehicles or commingled with cargo on commercial vehicles.\6\ 
According to May 2022 testimony from CBP's OFO Executive 
Assistant Commissioner, while fentanyl is the most commonly 
seized illicit synthetic opioid, CBP has also seized 50 
synthetic opioids not classified as fentanyl, demonstrating a 
trend of new and emerging drugs.\7\ CBP officers serve as the 
first line of defense to interdict illicit opioids and emerging 
drugs from entering the United States.\8\ In addition to drug 
smuggling, CBP also encounters a variety of other illicit 
activities at ports of entry, such as human smuggling, bulk 
currency smuggling, and weapons trafficking.\9\
---------------------------------------------------------------------------
    \6\Drug Enforcement Administration, 2020 National Drug Threat 
Assessment (DEA-DCT-DIR-008-21) (Mar. 2021).
    \7\U.S. House of Representatives Committee on Homeland Security, 
Subcommittee on Border Security, Facilitation and Operations, Testimony 
Submitted for the Record of Pete Flores, Executive Assistant 
Commissioner, Office of Field Operations, U.S. Customs and Border 
Protection, Department of Homeland Security, Hearing on Examining DHS's 
Efforts to Combat the Opioid Epidemic, 117th Cong. (May 18, 2022).
    \8\Id.
    \9\U.S. Customs and Border Protection, CBP Enforcement Statistics 
Fiscal Year 2022 (www.cbp.gov/newsroom/stats/cbp-enforcement-
statistics) (accessed Aug. 31, 2022).
---------------------------------------------------------------------------
    While CBP has policies in place that govern its inspection 
processes, a 2019 U.S. Government Accountability Office (GAO) 
found that many of these policies specific to inspections at 
land ports of entry were not regularly updated. According to 
OFO guidance, policies are required to be updated at least once 
every three years.\10\ However, GAO found that some had not 
been updated in 20 years and as a result, some OFO inspection 
policies did not reflect the current operating conditions, 
inspection processes, or technology at ports of entry.\11\
---------------------------------------------------------------------------
    \10\Government Accountability Office, Land Ports of Entry: CBP 
Should Update Policies and Enhance Analysis of Inspections (GAO-19-658) 
(Aug. 2019).
    \11\Id.
---------------------------------------------------------------------------
    S. 4460 addresses these findings by requiring that CBP 
reviews and updates, as needed, their OFO inspection policies 
for ports of entry at least every three years. By regularly 
reviewing and updating these policies, CBP will have greater 
assurance that its inspection practices are uniformly 
implemented across its ports of entry. CBP will also have 
assurance that its policies are current and responsive to 
tactics and techniques designed to disguise illicit activity, 
such as drug and human smuggling. In addition, S. 4460 requires 
CBP to report changes and updates to its inspection policies to 
the Committee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security of the House 
of Representatives.

                        III. LEGISLATIVE HISTORY

    Senator Rick Scott (R-FL) introduced S. 4460, the END 
FENTANYL Act, on June 23, 2022, along with Senators Mike Braun 
(R-IN), Dianne Feinstein (D-CA), and Margaret Hassan (D-NH). 
Senator Jacky Rosen joined as a cosponsor on July 28, 2022.
    The bill was referred to the Committee on Homeland Security 
and Governmental Affairs. The Committee considered S. 4460 at a 
business meeting on August 3, 2022. During the business 
meeting, a substitute amendment was offered by Senator Scott 
that clarified that the requirement for CBP to update its 
inspection policies at least once every three years applies to 
the CBP's active policies and made a change in terminology. The 
Scott Substitute Amendment was adopted by voice vote en bloc 
with Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Lankford, Romney, Scott, and Hawley present.
    The Committee ordered the bill, as amended, reported 
favorably by voice vote en bloc with Senators Peters, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Lankford, Romney, Scott, and 
Hawley present.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short titles

    This section designates the name of the bill as the 
``Eradicating Narcotic Drugs and Formulating Effective New 
Tools to Address National Yearly Losses of Life Act'' or the 
``END FENTANYL Act''.

Section 2. Ensuring timely updates to U.S. Customs and Border 
        Protection Field Manuals

    Subsection (a) requires that the Commissioner of CBP review 
and update current OFO policies and manuals for inspections at 
ports of entry at least once every three years. The review and 
update process is intended to ensure the uniform implementation 
of inspection practices across ports of entry so that OFO is 
able to effectively respond to changes in tactics and 
techniques designed to disguise illicit activity, such as drug 
and human smuggling.
    Subsection (b) requires that the Commissioner of CBP submit 
a report to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of 
the House of Representatives summarizing the changes described 
in subsection (a) shortly after making them.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 21, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 4460, the END 
FENTANYL Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeremy Crimm.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 4460 would require the U.S. Customs and Border 
Protection (CBP) to review at least once every three years its 
current policies and manuals related to inspections at ports of 
entry. The bill also would require CBP to submit a report to 
the Congress highlighting any changes implemented that result 
from such a review.
    Based on information from CBP, CBO estimates that 
implementing S. 4460 would cost less than $500,000 over the 
2022-2027 period. Such spending would be subject to the 
availability of appropriated funds.
    S. 4460 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 Jeremy Crimm. 
The estimate was reviewed by Leo Lex, Deputy Director of Budget 
Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]