[Congressional Record Volume 168, Number 105 (Tuesday, June 21, 2022)]
[House]
[Pages H5693-H5695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PREVENT EXPOSURE TO NARCOTICS AND TOXICS ACT OF 2021
Mr. SWALWELL. Madam Speaker, I move to suspend the rules and pass 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5274
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This 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.
(a) Training.--Paragraph (1) of section 416(b) of the
Homeland Security Act of 2002 (6 U.S.C. 216(b)) is amended by
adding at the end the following new subparagraph:
``(C) How to use containment devices to prevent secondary
exposure to fentanyl and other potentially lethal
substances.''.
(b) Availability of Containment Devices.--Section 416(c) of
the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is
amended--
(1) by striking ``and'' after ``equipment'' and inserting a
comma; and
(2) by inserting ``and containment devices'' after
``naloxone,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Swalwell) and the gentlewoman from Iowa (Mrs. Miller-
Meeks) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. SWALWELL. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. SWALWELL. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H.R. 5274, the Prevent
Exposure to Narcotics and Toxics Act, as introduced by my friend and
colleague, Representative Joyce of Ohio. I see that he is here, so I
will let him speak on his bill, and I will follow up shortly.
I urge my colleagues to support this bill, and I reserve the balance
of my time.
[[Page H5694]]
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,
Committee on Homeland Security.
____
House of Representatives,
Committee on Ways and Means,
Washington, DC, June 17, 2022.
Hon. Bennie G. Thompson,
Chair, Committee on Homeland Security,
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.
Mrs. MILLER-MEEKS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H.R. 5274, the Prevent
Exposure to Narcotics and Toxics Act, introduced by my friend and
colleague, David Joyce.
This bill addresses the important issue of protecting our frontline
Customs and Border Protection personnel from the dangerous and illicit
drugs they encounter every day.
This is especially important as the situation at our southern border
continues to worsen by the day under this administration. In fiscal
year 2021, Customs and Border Protection officers and agents seized
more than 914,000 pounds of illicit narcotics, and so far this fiscal
year, CBP is on track to seize a similar amount of illegal drugs.
{time} 1430
Unfortunately, in 2019, the Department of Homeland Security's Office
of the Inspector General issued a report that found CBP personnel were
not adequately protected and were at greater risk of secondary exposure
while handling illicit drugs such as fentanyl and methamphetamine.
CBP frontline personnel often work in challenging and dangerous
environments as they risk exposure to these illicit drugs via
inhalation, ingestion, skin contact, and contact with needles.
H.R. 5274 will require the CBP Commissioner to issue containment
devices, which are critical tools that provide protection against
secondary exposure to fentanyl and other chemicals to help protect our
frontline officers and agents.
Madam Speaker, I strongly encourage all Members to support this bill
to protect our dedicated frontline law enforcement at the border, and I
reserve the balance of my time.
Mr. SWALWELL of California. Madam Speaker, I reserve the balance of
my time.
Mrs. MILLER-MEEKS. Madam Speaker, I yield 3 minutes to the gentleman
from Ohio (Mr. Joyce).
Mr. JOYCE of Ohio. Madam Speaker, with over 108,000 Americans dying
from a drug overdose last year, all of us are uniquely aware of the
opioid crisis ravaging our country.
Similarly, Americans have watched as the crisis at our southern
border has turned into an outright catastrophe. There is a threat that
both these crises pose, and it has gone unaddressed for far too long:
secondary exposure to fentanyl. Secondary exposure occurs when an
individual is unintentionally exposed to fentanyl and the drug enters
the bloodstream through accidental absorption.
This happened in my home State of Ohio. A police officer overdosed
after brushing fentanyl off his uniform following the arrest of a drug
dealer.
The threat of secondary exposure is consistently faced by one group
in particular: Customs and Border Protection agents. CBP officers have
seized over 340,000 pounds of drugs this fiscal year, including 5,300
pounds of fentanyl. That is enough to kill 2.4 billion people.
Madam Speaker, today, I am calling on my colleagues to pass my bill
to better protect those working to secure our borders: H.R. 5274, the
Prevent Exposure to Narcotics and Toxics Act. Known as the PREVENT Act,
my bill would require CBP to issue containment devices to all frontline
border security personnel and provide training on their proper use.
Congress already requires CBP to provide Narcan to all officers at
risk of secondary exposure, making this legislation a simple but
necessary extension of the tools we provide those who defend our
borders. Containment devices are a critical safety technology that
allows first responders to safely store fentanyl and other dangerous
substances in a secure device.
They not only protect agents from secondary exposure, but also better
preserve narcotics for forensic analysis, improving the integrity of
investigations and the chances of further legal action against
traffickers.
The crisis at our southern border has exploded to unprecedented
levels, and with it, we have seen a shocking rise in the amount of
fentanyl flowing into the United States. While those of us in Congress
may differ on how we believe this crisis should be solved, we can agree
that the men and women working to stop deadly drugs from reaching our
communities deserve to be protected on this job. The PREVENT Act
provides them with that protection.
Madam Speaker, I am proud to have introduced this bill and will
always have the backs of the CBP agents working to keep our country
safe. These men and women put their lives on the line every day. The
least Congress can do is ensure they have what they need to do their
jobs as safely as possible.
Mr. SWALWELL of California. Madam Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I thank my colleague across the aisle, Mr. Joyce, a
former prosecutor, someone who understands the importance of having the
backs of law enforcement as they are on the frontlines in dealing with
this deadly toxin. I, too, commend CBP for the hard work that they do
every single day and the drugs that they are interdicting to protect
our communities.
No doubt, fentanyl and other toxics have taken thousands of American
lives. I can personally speak that in my family, we have seen a family
member suffer through a fentanyl addiction. If I could wave a wand and
get rid of all the fentanyl in the world, I would do it. Mr. Joyce's
legislation makes sure that we are not exposing more people
unnecessarily to it.
Madam Speaker, the Centers for Disease Control and Prevention
estimate that over 107,000 drug overdose deaths occurred in 2021, which
is an increase of nearly 15 percent from 2020. And most of these
originate overseas, primarily from China, who is not doing enough to
stop the fentanyl leaving its borders.
But the heroes of U.S. Customs and Border Protection interdict and
seize opioids and other illicit drugs at our borders before they make
their way into American communities, and we know that their exposure is
extremely dangerous and could be fatal.
When detecting or seizing opioids, frontline CBP personnel are at
high risk of exposure to these substances through inhalation,
ingestion, and skin contact. One way to prevent accidental
[[Page H5695]]
contact is through Mr. Joyce's legislation that would provide the use
of containment devices. This legislation protects CBP officers and
agents by ensuring that those at risk of exposure have access to
containment devices and, most importantly, understand how to use them.
Last Congress, this body enacted Congresswoman Yvette Clarke's
Synthetic Opioid Exposure Prevention and Training Act to protect CBP
personnel from exposure to synthetic opioids. That law required CBP to
implement a safety framework to protect its personnel from exposure to
potential synthetic opioids.
We also enacted Congressman Clay Higgins' DHS Opioid Detection
Resilience Act to ensure CBP implements a strategy to detect synthetic
opioids at lower purity levels.
Together, these measures responded to concerns raised by the
Department of Homeland Security's Office of Inspector General about the
risk of accidental narcotics exposure to frontline CBP personnel.
Madam Speaker, consideration of H.R. 5274 is particularly timely as
CBP's fentanyl seizures continue to increase.
Madam Speaker, I ask my colleagues to support H.R. 5274, and I
reserve the balance of my time.
Mrs. MILLER-MEEKS. Madam Speaker, certainly, H.R. 5274 is a small
step that we can take in managing the crisis at our southern border, in
addition to emphasizing border security. I thank Representative Joyce
for his very astute observation that our law enforcement is at risk and
for his bill to help protect those who protect and serve us.
Madam Speaker, I have no further speakers. I urge Members to support
this bill, and I yield back the balance of my time.
Mr. SWALWELL of California. Madam Speaker, I have no more speakers,
and I am prepared to close.
Madam Speaker, I yield myself the balance of my time. Again, I thank
Mr. Joyce. I thank the other side for their bipartisan interest in this
legislation.
As I said, as the son of a police officer, a brother to a number of
police officers--we are a law enforcement family--and I see every day
and hear from my family about the exposure they face, particularly
those on the southern border.
Madam Speaker, I seek swift passage of this legislation, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Swalwell) that the House suspend the
rules and pass the bill, H.R. 5274.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROY. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________