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[House Report 115-317]
[From the U.S. Government Publishing Office]

115th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                             { 115-317

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  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.
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