[Senate Report 118-253]
[From the U.S. Government Publishing Office]
Calendar No. 654
118th Congress } { Report
SENATE
2d Session } { 118-253
_______________________________________________________________________
DETECT FENTANYL AND XYLAZINE
ACT OF 2024
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 4419
TO REQUIRE THE SCIENCE AND TECHNOLOGY DIRECTORATE
IN THE DEPARTMENT OF HOMELAND SECURITY TO DEVELOP
GREATER CAPACITY TO DETECT, IDENTIFY, AND DISRUPT
ILLICIT SUBSTANCES IN VERY LOW CONCENTRATIONS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 2, 2024.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
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
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Megan M. Krynen, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 654
118th Congress } { Report
SENATE
2d Session } { 118-253
======================================================================
DETECT FENTANYL AND XYLAZINE ACT OF 2024
_______
December 2, 2024.--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. 4419]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 4419) to require
the Science and Technology Directorate in the Department of
Homeland Security to develop greater capacity to detect,
identify, and disrupt illicit substances in very low
concentrations, having considered the same, reports favorably
thereon with an amendment, in the nature of a substitute, and
an amendment to the title 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............. 4
V. Evaluation of Regulatory Impact.................................. 5
VI. Congressional Budget Office Cost Estimate........................ 6
VII. Changes in Existing Law Made by the Bill, as Reported............ 6
I. Purpose and Summary
S. 4419, the Detection Equipment and Technology Evaluation
to Counter the Threat of Fentanyl and Xylazine Act of 2024, or
the DETECT Fentanyl and Xylazine Act of 2024, amends the
Homeland Security Act of 2002 to add to the responsibilities of
the Under Secretary for Science and Technology (S&T) at the
Department of Homeland Security (DHS). Specifically, the bill
requires the Under Secretary for S&T to carry out research,
development, testing, evaluation, and cost-benefit analyses to
improve effectiveness and efficiency of equipment used for the
detection of drugs, such as fentanyl and xylazine. It also
directs the Under Secretary to carry out research, development,
testing, evaluation, and cost-benefit analyses on the
effectiveness and efficiency of research libraries used to
detect drugs, such as fentanyl and xylazine. In carrying out
these activities, the bill requires the Under Secretary for S&T
to follow recommendations and guidelines described in the
Artificial Intelligence Risk Management Framework. The Under
Secretary is also directed to establish priorities for S&T's
work based on latest available information, including specific
drugs identified as threats by federal agencies.
II. Background and Need for the Legislation
According to data from the Centers for Disease Control and
Prevention, with the exception of a slight decrease in 2023,
drug overdose deaths in the United States have generally
increased in recent years.\1\ Synthetic opioids, including
fentanyl, are a leading contributor to those deaths, accounting
for an estimated 74,000 deaths in 2023.\2\ The total number of
Americans harmed by synthetic opioids through poisoning (e.g.,
non-fatal overdoses) is higher, though obtaining firm
statistics is challenging due to the lack of point of care
testing and variations in hospital use of discharge diagnosis
codes.\3\ The fentanyl manufactured and sold by criminal
organizations is generally found in the form of powder or made
into pills that look like medication, such as oxycodone.\4\ In
many cases, Americans purchasing these drugs may believe they
are purchasing, and consuming, legitimate prescription
medication.\5\ Because these synthetic opioids are produced in
clandestine labs by criminal organizations, there can be
variation in their chemical makeup and potency, making it
difficult for law enforcement and public health agencies to
identify substances and respond to emerging threats.\6\ For
example, in April 2023, the Director of the Office of National
Drug Control Policy designated fentanyl that has been combined
with or ``occurring with'' xylazine, a veterinary tranquilizer,
as an emerging drug threat. This designation came following
increases in drug overdose deaths involving xylazine.\7\
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\1\Centers for Disease Control and Prevention, National Center for
Health Statistics: U.S. Overdose Deaths Decrease in 2023, First Time
Since 2018 (May 15, 2024); National Vital Statistics System
(www.cdc.gov/nchs/nvss/vsrr/drug-overdose-data.htm) (accessed Oct. 9,
2024).
\2\Centers for Disease Control and Prevention, National Center for
Health Statistics: U.S. Overdose Deaths Decrease in 2023, First Time
Since 2018 (May 15, 2024).
\3\Analysis of trends and usage of ICD-10-CM discharge diagnosis
codes for poisonings by fentanyl, tramadol, and other synthetic
narcotics in emergency department data. Addictive Behaviors Reports,
December 2022 (Vol. 16) (www.sciencedirect.com/science/article/pii/
S2352853222000591?via%3Dihub)
\4\Department of Justice/Drug Enforcement Administration, Drug Fact
Sheet: Fentanyl (April 2020) (www.dea.gov/sites/default/files/2020-06/
Fentanyl-2020_0.pdf); Drug Enforcement Administration, National Drug
Threat Assessment 2024 (DEA-DCT-DIR-010-24) (May 2024).
\5\Drug Enforcement Administration, National Drug Threat Assessment
2024 (DEA-DCT-DIR-010-24) (May 2024).
\6\Drug Enforcement Administration, National Drug Threat Assessment
2024 (DEA-DCT-DIR-010-24) (May 2024); United Nations Office on Drugs
and Crime, World Drug Report 2024: Key Findings and Conclusions (2024)
(www.unodc.org/documents/data-and-analysis/WDR_2024/
WDR24_Key_findings_and_conclusions.pdf).
\7\The White House, Executive Office of the President, Office of
National Drug Control Policy, Fentanyl Adulterated or Associated with
Xylazine Response Plan (July 2023) (www.whitehouse.gov/wp-content/
uploads/2023/07/FENTANYL-ADULTERATED-OR-ASSOCIATED-WITH-XYLAZINE-
EMERGING-THREAT-RESPONSE-PLAN-Report-July-2023.pdf).
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The 2022 National Interdiction Command and Control Plan
directed National Drug Control Program Agencies, such as DHS,
with developing or increasing utilization of advanced
technologies for drug detection, including to share with other
domestic law enforcement partners.\8\ DHS S&T is led by the
Under Secretary of Science and Technology and supports the
operational components of the Department, such as U.S. Customs
and Border Protection (CBP), by conducting research,
development, testing, and evaluations. S&T also works closely
with partners across the federal government, academia, and
industry, and develops and tests new technologies to address
emerging threats and capability gaps, including drug detection
technologies.\9\ For example, CBP utilizes handheld ``chemical
analyzers'' for preliminary results of samples taken from
seizures suspected of being drugs.\10\
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\8\The White House, Executive Office of the President, Office of
National Drug Control Policy, National Interdiction Command and Control
Plan (2022) (www.whitehouse.gov/wp-content/uploads/2022/09/2022-
National-Interdiction-Command-and-Control-Plan-NICCP.pdf).
\9\Department of Homeland Security, Science and Technology
Directorate; Budget Overview Fiscal Year 2025 Congressional
Justification (Mar. 8, 2024).
\10\U.S. Customs and Border Protection, Frontline Digital Magazine,
CBP: America's Frontline Against Fentanyl (www.cbp.gov/frontline/cbp-
america-s-front-line-against-fentanyl) (accessed Oct. 9, 2024).
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In 2023, S&T reported that low-purity drug mixtures may
negatively impact the performance of existing technologies used
by the components of DHS and other first responders.\11\ To
address this challenge, S&T began working with partners,
including the Pacific Northwest National Laboratory (PNNL), to
evaluate existing detection technologies and better understand
how to enhance their effectiveness. Testing performed by PNNL
determined that multiple technologies are necessary to
accurately determine if fentanyl is present in certain samples
with low purity levels.\12\ The ability to make accurate
identifications of samples help keep personnel safe, interrupt
the supply chain of dangerous drugs like fentanyl, and support
prosecution of those engaging in smuggling and trafficking.\13\
The DETECT Fentanyl and Xylazine Act of 2024 will ensure that
S&T can continue prioritizing the improvement of drug detection
equipment for serious public safety threats such as fentanyl
and xylazine by adding it to the Under Secretary's
responsibilities and authorities.
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\11\Department of Homeland Security, Science and Technology
Directorate, Rapid Technologies for Drug Interdiction: Research and
Development (July 10, 2023) (www.dhs.gov/sites/default/files/2023-08/
23_0710_s%26t_%20rapid_technologies_for_drug_interdiction_r_and_d.pdf).
\12\Pacific Northwest National Laboratory, Performance Assessment
of Field-Portable Instruments and Assays for Fentanyl and Fentanyl-
Related Compounds: Test Report (Sept. 2023) (www.pnnl.gov/sites/
default/files/media/file/ST_PNNL_Fentanyl_Reference_Spectra_Final_
Report_CLEARED_Public_Release.pdf).
\13\U.S. Customs and Border Protection, Frontline Digital Magazine,
CBP: America's Frontline Against Fentanyl (www.cbp.gov/frontline/cbp-
america-s-front-line-against-fentanyl) (accessed Oct. 9, 2024).
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III. Legislative History
Senator John Cornyn (R-TX) introduced S. 4419, the
Detection Equipment and Technology Evaluation to Counter the
Threat of Fentanyl and Xylazine Act of 2024, or the DETECT
Fentanyl and Xylazine Act of 2024, on May 23, 2024, with
original cosponsors Senator Jon Ossoff (D-GA), Senator Kyrsten
Sinema (I-AZ), and Senator James Lankford (R-OK). The bill was
referred to the Committee on Homeland Security and Governmental
Affairs. Senator Jackie Rosen (D-NV) and Senator Jerry Moran
(R-KS) later joined as cosponsors of the bill on July 23, 2024,
and September 16, 2024, respectively.
The Committee considered S. 4419 at a business meeting on
September 18, 2024. During the business meeting, Senator Ossoff
offered a substitute amendment to the bill, which made
technical changes. It also directed the Under Secretary for S&T
to consider specific drugs identified by DHS's most recent
Homeland Threat Assessment when developing priorities for S&T's
research, development, testing and evaluation. It also added a
rule of construction to the bill stating that nothing in the
bill can be construed to limit the authority of an agency
currently managing, overseeing, or involved in drug equipment
and reference libraries. The Committee adopted the Ossoff
substitute amendment by unanimous consent with Senators Peters,
Carper, Hassan, Sinema, Rosen, Ossoff, Blumenthal, Butler,
Paul, Lankford, Romney, Scott, Hawley, and Marshall present.
Senator Ossoff then offered Ossoff amendment 2, which
changed the long title of the bill to ``A bill to require the
Science and Technology Directorate in the Department of
Homeland Security to develop greater capacity to detect and
identify illicit substances in very low concentrations.'' The
Committee adopted Ossoff amendment 2 by unanimous consent with
Senators Peters, Carper, Hassan, Sinema, Rosen, Ossoff,
Blumenthal, Butler, Paul, Lankford, Romney, Scott, Hawley, and
Marshall present.
Senator Hawley offered Hawley amendment 2, which requires
the Director of the U.S. Secret Service to submit a report to
Congress regarding the failed assassination attempt of Donald
J. Trump in Butler Pennsylvania, on July 13, 2024. The
committee adopted Hawley amendment 2 by voice vote with
Senators Peters, Hassan, Sinema, Rosen, Ossoff, Blumenthal,
Butler, Paul, Lankford, Romney, Scott, Hawley, and Marshall
present.
The bill, as amended by the Ossoff substitute amendment,
Ossoff amendment 2, and Hawley amendment 2, was ordered
reported favorably by a roll call vote of 13 yeas to 0 nays,
with Senators Peters, Hassan, Sinema, Rosen, Ossoff,
Blumenthal, Butler, Paul, Lankford, Romney, Scott, Hawley, and
Marshall voting in the affirmative. Senators Carper and Johnson
voted yea by proxy, for the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short titles
This section establishes the short title of the bill as the
``Detection Equipment and Technology Evaluation to Counter the
Threat of Fentanyl and Xylazine Act of 2024'' or the ``DETECT
Fentanyl and Xylazine Act of 2024.''
Section 2. Enhancing the capacity to detect and identify drugs such as
fentanyl and xylazine
This section amends Section 302 of the Homeland Security
Act of 2002, which specifies the responsibilities and
authorities of the Under Secretary for S&T. The section adds a
paragraph directing the Secretary, through the Under Secretary
for S&T, to carry out research, development, testing,
evaluation, and cost-benefit analyses to improve the safety,
effectiveness, and efficiency of equipment and the
effectiveness and efficiency of reference libraries used for
the accurate detection of drugs such as fentanyl and xylazine.
It specifies that these activities, should include development
of portable equipment that can detect and identify drugs with
minimal or no handling of the sample. It also specifies that
these activities include development of equipment that can
analyze complex mixtures, such as those with varying
concentrations of active synthetic opioids and inactive cutting
agents, to allow field detection and identify the specific
drug(s) present in the sample collected. Additionally, it adds
a requirement for S&T to work on technologies that use machine
learning or artificial intelligence and other techniques to
predict whether the substances in a sample are controlled
substance analogues.
Section 3. Requirements
This section specifies requirements for the implementation
the requirements outlined in the previous section.
Specifically, it requires the Under Secretary for S&T to follow
the recommendations, guidelines, and best practices described
in the Artificial Intelligence Risk Management Framework or any
successor document published by the National Institute of
Standards and Technology. It also requires the Under Secretary
to establish S&T's priorities for research, development,
testing, evaluation, and cost-benefit analysis activities based
on the latest available information. This includes specific
drugs identified as threats in the latest Homeland Threat
Assessment published by DHS and the latest State and Territory
Report on Enduring and Emerging Threats published by the Drug
Enforcement Administration, or any successor documents.
Section 4. Report regarding failed assassination attempt on the life of
Donald J. Trump
This section requires the Director of the U.S. Secret
Service to submit a report to appropriate congressional
committees containing any information related to the failed
assassination attempt on the life of Donald J. Trump on July
13, 2024.
Section 5. Rule of construction
This section provides a rule of construction, stating that
nothing in the Act may be construed to limit the authority of
agencies currently managing, overseeing, or otherwise involved
in drug equipment and reference libraries.
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 4419 would require the Department of Homeland Security
(DHS) to engage in research and development of technologies and
equipment that would help federal, state, local, tribal, and
territorial law enforcement agencies detect illicit drug
trafficking.
Under current law, DHS already conducts research on
equipment and technologies to detect and intercept illegal
drugs. On that basis, CBO estimates that implementing S. 4419
would cost less than $500,000 over the 2024-2029 period. Any
related spending would be subject to the availability of
appropriated funds.
On July 18, 2024, CBO transmitted a cost estimate for H.R.
8663, the DETECT Fentanyl and Xylazine Act of 2024, as ordered
reported by the House Committee on Homeland Security on June
12, 2024. The two pieces of legislation are similar, and CBO's
estimates of their budgetary effects are the same.
The CBO staff contact for this estimate is Jeremy Crimm.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR
SCIENCE AND TECHNOLOGY.
* * * * * * *
(13) coordinating with other appropriate executive
agencies in developing and carrying out the science and
technology agenda of the Department to reduce
duplication and identify unmet needs; [and]
(14) developing and overseeing the administration of
guidelines for merit review of research and development
projects throughout the Department, and for the
dissemination of research conducted or sponsored by the
Department[.]; and
(15) carrying out research, development, testing,
evaluation, and cost-benefit analyses to improve the
safety, effectiveness, and efficiency of equipment and
the effectiveness and efficiency of reference libraries
for use by Federal, State, local, Tribal, and
territorial law enforcement agencies for the accurate
detection of drugs, such as fentanyl and xylazine,
including----
(A) portable equipment that can detect and
identify drugs with minimal or no handling of
the sample;
(B) equipment that can separate complex
mixtures containing low concentrations of drugs
and high concentrations of cutting agents into
their component parts to enable signature
extraction for field identification and
detection; and
(C) technologies that use machine learning or
artificial intelligence (as defined in section
5002 of the National Artificial Intelligence
Initiative Act of 2020 (15 U.S.C. 9401)) and
other techniques to predict whether the
substances in a sample are controlled substance
analogues or other new psychoactive substances
not yet included in available reference
libraries.
* * * * * * *
[all]