POWER Act Helps State and Local Law Enforcement Obtain Drug Screening Devices Used by Federal Law Enforcement
WASHINGTON, D.C. – U.S. Senators Sherrod Brown (D-OH) and Tom Cotton (R-AR) along with U.S. Representatives David Joyce (R-OH-14) and Abigail Spanberger (D-VA-7) reintroduced bipartisan, bicameral legislation to provide state and local law enforcement with high-tech devices to detect and identify dangerous drugs like fentanyl. The Providing Officers with Electronic Resources (POWER) Act would establish a new grant program through the U.S. Department of Justice (DOJ) to help state and local law enforcement organizations secure these high-tech, portable screening devices.
In addition to Brown and Cotton, the POWER Act is co-sponsored by U.S. Sens. Tina Smith (D-MN), Thom Tillis (R-NC), and Maggie Hassan (D-NH).
“Law enforcement officers are on the frontlines of our efforts to combat illegal fentanyl,” said Senator Brown. “Following our success in securing new screening and containment devices for federal law enforcement agents, we need to give Ohio officers the same tools to detect these dangerous drugs.”
“Fentanyl has infected every state, and every police force needs the tools to defend against this drug of mass destruction. Our bill would give local and state police the same equipment that federal law enforcement already uses to detect fentanyl in the field. Identifying the drug so quickly allows officers to act faster and with greater certainty, whether to protect themselves and their communities or to bring traffickers to justice,” said Senator Cotton.
“Fentanyl is the leading cause of death for Americans 18 to 45 years old. Our law enforcement officers are often the last line of defense against this drug that continues to devastate communities in Ohio and across the nation,” said Representative Joyce. “It is critical law enforcement has the resources and tools they need to detect fentanyl and other dangerous drugs. This bipartisan bill will continue to support our law enforcement officers as they work to protect our communities from the opioid crisis. I encourage my colleagues in both chambers to help advance this legislation and send it to the President’s desk for signature.”
“As a former federal agent and CIA case officer who worked narcotics cases and tracked cartels, I recognize the severity of the fentanyl crisis in our communities. And recently, I’ve heard directly from police departments in Virginia that are increasingly encountering this substance while on the job,” said Representative Spanberger. “That’s why I’m proud to help lead the bipartisan POWER Act. By making sure law enforcement officers have the resources and training they need, we can quickly identify when fentanyl enters an area, warn our neighbors, and build a response plan. Additionally, we can protect the lives of the men and women who keep our communities safe every day.”
Last month, Brown, the chairman of the Senate Banking, Housing, and Urban Affairs Committee, along with U.S. Senator Tim Scott (R-SC), the committee’s ranking member, introduced the bipartisan Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act, a sanctions and anti-money laundering bill aimed at combatting the country’s fentanyl crisis and saving lives in Ohio by targeting the illicit fentanyl supply chain, from the chemical suppliers in China to the cartels that transport the drugs in Mexico. By strengthening current law and directing the Treasury Department to target, sanction, and block the financial assets of transnational criminal organizations, and those that launder money to facilitate illicit opioid trafficking, the FEND Off Fentanyl Act aims to stop the flow of deadly fentanyl into Ohio communities by penalizing those that traffic in synthetic opioids.
“Heroin and prescription opiates have created a devastating epidemic across our country, which has worsened with the influx of synthetic opiates like fentanyl. Synthetic fentanyl is cheaper than normal opiates bought on the street and is 50 times deadlier than heroin. Our State and local law enforcement officers are on the forefront of stopping the deadly influx of synthetic fentanyl into their communities, and need all the resources if we hope to succeed. Your legislation will assist State and local law enforcement in obtaining portable chemical screening devices to identify the substances they encounter daily. This equipment is necessary in stopping these deadly drugs before it hits our streets and takes more lives,” said Fraternal Order of Police (FOP) National President Patrick Yoes.
“Now more than ever we need this resource. Fentanyl, Xylazine, and who knows what’s next. Our communities are past the breaking point, and this can certainly help level the playing field and save lives. Local law enforcement and first responders need every tool possible to deal with this crisis, and the Power Act puts the money into the communities where it belongs,” said Jonathan Thompson, Executive Director and CEO, National Sheriffs’ Association.
Background:
These devices are already used by federal law enforcement to identify dangerous drugs at U.S. ports of entry. The devices use laser technology to analyze potentially harmful substances – even through some packaging – and identify those substances based on a library of thousands of compounds that are categorized within the device.
The devices would also help address the backlog of drugs awaiting laboratory identification, which will allow law enforcement to more effectively conduct drug investigations and prosecutions and crack down on drug trafficking. Without these devices, suspected drugs have to be sent to labs for testing – which can take months and in some cases, delay the justice system. In addition to aiding timely prosecutions, these devices help keep officers safe when testing and handling substances like fentanyl by quickly and effectively alerting officers to dangerous substances in the field. The use of all investigative devices would still be subject to 4th amendment restrictions on unlawful searches and seizures, as well as other relevant privacy laws.
Instant results also allow officers to quickly alert local health departments and others when fentanyl is found in a community so they can notify known users and help prevent accidental overdoses.
The POWER Act is endorsed by the Fraternal Order of Police (FOP), National Association of Police Organizations (NAPO), National Sheriff’s Association, Federal Law Enforcement Officers Association (FLEOA), Sergeants Benevolent Association (SBA), Major County Sheriffs of America, National Tactical Officers Association (NTOA), National District Attorney’s Association (NDAA), and the National HIDTA Directors Association.
About Brown’s Work on the Issue:
The legislation builds on Brown’s leadership in fighting to stop the flow of fentanyl into Ohio’s communities, and to expand treatment options for Ohioans. Brown worked with former Senator Toomey (R-PA) to pass the Meeting the China Challenge Act of 2021, which implemented tough new fentanyl sanctions to help stem the flow of illegal opioids, including fentanyl from China and Mexico.
Brown helped pass the bipartisan Protecting First Responders from Secondary Exposure (PREVENT) Act which allows state and local governments to purchase containment devices to safely store dangerous drugs and preserve them for evidentiary use and provide first responders training to reduce their risk of secondary exposure to lethal substances. This legislation builds off Brown’s INTERDICT Act, which provides U.S. Customs and Border Protection with additional high-tech screening equipment and lab resources to detect fentanyl before it enters the U.S.
Brown and former U.S. Senator Rob Portman (R-OH) worked together to make more treatment beds available to Ohioans struggling with addiction, and to provide greater support to treat newborns exposed to opioids, and their families. He also helped passed the Mainstreaming Addiction Treatment Act which increases access to medication assisted treatment options for Ohioans struggling with opioid use disorder. And his bipartisan bill to support grandparents now raising children in light of the opioid epidemic, the Supporting Grandparents Raising Grandchildren Act, was signed into law by President Trump. Brown has also urged major drug companies to make the opioid overdose medication, naloxone, be available over the counter.
Earlier this year, Brown and U.S. Senator Chuck Grassley (R-IA) introduced the Protecting First Responders from Secondary Exposure Act, bipartisan, bicameral legislation that aims to help state and local governments purchase containment devices to safely store dangerous drugs and preserve them for evidentiary use, and provide first responders training to reduce their risk of secondary exposure to lethal substances. The bill would establish the first federal program to provide local governments with resources to purchase drug-containment devices.