[Senate Report 118-16]
[From the U.S. Government Publishing Office]


                                                                  Calendar No. 44
                                                                  
118th Congress }                                               {   Report

 1st Session   }                 SENATE                        {   118-16
                                                              
_______________________________________________________________________

                                     

                                                        

 
                            END FENTANYL ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 206

              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
                     




                  May 4, 2023.--Ordered to be printed
                  
                  
                          ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 39-010          WASHINGTON : 2023
 
                  
                  
                  
                  
                  
                  
                  
                  
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

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

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
               Katie A. Conley, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
          Kendal B. Tigner, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk

                                                        Calendar No. 44
                                                        
118th Congress }                                               {   Report
                                 SENATE
 1st Session   }                                               {  118-16

======================================================================




                            END FENTANYL ACT

                                _______
                                

                  May 4, 2023.--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. 206]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 206) 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 without amendment and recommends that the 
bill 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. 206, 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.\1\
---------------------------------------------------------------------------
    \1\On August 3, 2022, the Committee approved S. 4460, Eradicating 
Narcotic Drugs and Formulating Effective New Tools to Address National 
Yearly Losses of life Act, with an amendment 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. That bill is exactly the same as S. 206. Accordingly, 
this committee report is, in many respects, similar to the committee 
report for S. 4460. See S. Rept. 117-193.
---------------------------------------------------------------------------

              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.\2\ 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.\3\
---------------------------------------------------------------------------
    \2\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).
    \3\Id.
---------------------------------------------------------------------------
    The Department of Homeland Security (DHS) plays an 
important role in preventing illicit drugs from entering the 
United States. CBP is responsible for safeguarding the borders 
of the United States from illicit activity--such as drug 
smuggling--while facilitating legitimate trade and travel.\4\ 
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.\5\ 
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.\6\
---------------------------------------------------------------------------
    \4\U.S. Customs and Border Protection, Home Page (www.cbp.gov/
about) (accessed Aug. 31, 2022).
    \5\Government Accountability Office, Border Security: CBP Could 
Improve How It Categorizes Drug Seizure Data and Evaluates Training 
(GAO-22-104725) (May 2022).
    \6\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.\7\ 
According to May 2022 testimony from CBP OFO Executive 
Assistant Commissioner Pete Flores, 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.\8\ CBP officers serve as the 
first line of defense to interdict illicit opioids and emerging 
drugs from entering the United States.\9\ 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.\10\
---------------------------------------------------------------------------
    \7\Drug Enforcement Administration, 2020 National Drug Threat 
Assessment (DEA-DCT-DIR-008-21) (Mar. 2021).
    \8\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).
    \9\Id.
    \10\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.\11\ The report 
noted that according to OFO guidance, policies are required to 
be updated at least once every three years.\12\ 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.\13\
---------------------------------------------------------------------------
    \11\Government Accountability Office, Land Ports of Entry: CBP 
Should Update Policies and Enhance Analysis of Inspections (GAO-19-658) 
(Aug. 2019).
    \12\Id.
    \13\Id.
---------------------------------------------------------------------------
    S. 206 addresses GAO's findings by requiring CBP review and 
update, their OFO inspection policies for ports of entry as 
needed, but 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. 206 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. 206, the END 
FENTANYL Act, on February 1, 2023, along with Senators Mike 
Braun (R-IN), Dianne Feinstein (D-CA), Margaret Wood Hassan (D-
NH), and Senator Jacky Rosen (D-NV).
    The bill was referred to the Committee on Homeland Security 
and Governmental Affairs. The Committee considered S. 206 at a 
business meeting on March 29, 2023. The Committee ordered the 
bill to be reported favorably by a roll call vote of 11 yeas 
and 0 nays, with Senators Peters, Hassan, Rosen, Padilla, 
Ossoff, Blumenthal, Paul, Lankford, Romney, Scott, and Hawley 
voting in the affirmative, and with Senators Carper, Sinema, 
Johnson, and Marshall voting yea by proxy, for the record only.

        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




    S. 206 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 would also 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. 206 would cost less than $500,000 over the 
2023-2028 period. Such spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by Chad Chirico, Deputy Director of 
Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       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.