III 

Calendar No. 707 

114TH CONGRESS 

2D SESSION S. RES. 535 

Expressing the sense of the Senate regarding the trafficking of illicit fentanyl 

into the United States from Mexico and China. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2016 

Mr. MARKEY (for himself, Mr. RUBIO, Mrs. SHAHEEN, Mr. TOOMEY, and Mr. 

KING) submitted the following resolution; which was referred to the Committee on Foreign Relations 

DECEMBER 7, 2016 

Reported by Mr. CORKER, with an amendment and an amendment to the 

preamble 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

RESOLUTION 

Expressing the sense of the Senate regarding the trafficking 

of illicit fentanyl into the United States from Mexico 

and China. 

Whereas the United States continues to experience a prescription opioid and heroin use epidemic that claimed almost 30,000 lives in 2014; 


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•SRES 535 RS 

Whereas fentanyl is a synthetic opioid and the euphoric effects of fentanyl are sometimes indistinguishable from the 

euphoric effects of heroin or morphine; 

Whereas the effect of fentanyl can be approximately 50 times 

stronger than heroin and 100 times stronger than morphine; 

Whereas although pharmaceutical fentanyl can be diverted 

for misuse, most fentanyl deaths are believed to be linked 

to illicitly manufactured fentanyl and illicit versions of 

chemically similar compounds known as fentanyl analogs 

(collectively referred to in this preamble as ‘‘illicit 

fentanyl’’); 

Whereas illicit fentanyl is potentially lethal even if only a very 

small quantity of illicit fentanyl is ingested or inhaled; 

Whereas across the United States, illicit fentanyl use and related deaths are rising at alarming rates; 

Whereas illicit fentanyl is cheaper to manufacture than heroin and the sale of illicit fentanyl is highly profitable for 

drug dealers; 

Whereas illicit fentanyl is sold for its heroin-like effects and 

illicit fentanyl is often mixed with heroin, cocaine, or 

methamphetamine as a combination product, with or 

without the knowledge of the user; 

Whereas illicit fentanyl is often produced to physically resemble other opioid pain medicines, such as oxycodone, which 

sell for high amounts on the street; 

Whereas drug users often overdose on illicit fentanyl because 

users are unaware that they are ingesting illicit fentanyl 

and do not anticipate the toxicity and potential lethality 

of illicit fentanyl; 


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•SRES 535 RS 

Whereas, according to the Centers for Disease Control and 

Prevention, between 2013 and 2014, the death rate from 

the use of synthetic opioids, including illicit fentanyl and 

synthetic opioid pain relievers other than methadone, increased 80 percent, and those deaths are largely attributable to fentanyl rather than other prescription synthetics; 

Whereas, in 2015, the Drug Enforcement Administration (referred to in this preamble as the ‘‘DEA’’) issued a National Drug Threat Assessment Summary, which found 

that Mexican transnational criminal organizations are— 

(1) one of the greatest criminal drug threats to the 

United States; and 

(2) poly-drug organizations that use established 

transportation routes and distribution networks to traffic 

heroin, methamphetamine, cocaine, and marijuana 

throughout the United States; 

Whereas, in 2016, the DEA issued a National Heroin Threat 

Assessment Summary, which found that ‘‘starting in late 

2013, several States reported spikes in overdose deaths 

due to fentanyl and its analog acetyl-fentanyl’’; 

Whereas the 2016 National Heroin Threat Assessment Summary found that— 

(1) Mexican drug traffickers are expanding their operations to gain a larger share of eastern United States 

heroin markets; and 

(2) the availability of heroin is increasing throughout the United States; 

Whereas between 2013 and 2014, more than 700 fentanylrelated deaths in the United States were attributable to 

illicit fentanyl; 


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•SRES 535 RS 

Whereas the number of deaths attributable to illicit fentanyl 

may be significantly underreported because— 

(1) coroners and medical examiners do not test, or 

lack the resources to test, routinely for fentanyl; 

(2) crime laboratories lack the resources to test routinely for fentanyl; and 

(3) illicit fentanyl deaths may erroneously be attributed to heroin; 

Whereas, in March 2015, the DEA issued a nationwide alert 

on illicit fentanyl as a threat to health and public safety; 

Whereas illicit fentanyl has the potential to endanger public 

health workers, first responders, and law enforcement 

personnel who may unwittingly come into contact with illicit fentanyl by accidentally inhaling airborne powder; 

Whereas the 2015 National Drug Threat Assessment Summary found that— 

(1) Mexico is the primary source for illicit fentanyl 

trafficked into the United States; and 

(2) distributors in China are the source of the 

fentanyl analogs and the precursor chemicals to manufacture fentanyl analogs that are found in Mexico; 

Whereas fentanyl produced illicitly in Mexico is— 

(1) smuggled across the southwest border of the 

United States, or delivered through mail and express consignment couriers; and 

(2) often mixed with heroin or diluents in the United 

States and then distributed in the same United States 

markets in which white powder heroin is distributed; and 

Whereas United States law enforcement officials have recently seen— 


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•SRES 535 RS 

(1) an influx of illicit fentanyl into the United States 

directly from China; and 

(2) shipments of the equipment to manufacture illicit fentanyl, such as pill presses: Now, therefore, be it 

Whereas the United States continues to experience a prescription opioid and heroin overdose epidemic that claimed almost 30,000 lives in 2014; 

Whereas fentanyl is a synthetic opioid and the euphoric effects 

of fentanyl are sometimes indistinguishable from the 

euphoric effects of heroin or morphine; 

Whereas the effect of fentanyl can be up to 50 times stronger 

than heroin and 100 times stronger than morphine; 

Whereas although pharmaceutical fentanyl can be diverted for 

misuse, most fentanyl deaths are believed to be linked to 

illicitly manufactured fentanyl and illicit versions of 

chemically similar compounds known as fentanyl analogs 

(collectively referred to in this preamble as ‘‘illicit 

fentanyl’’); 

Whereas illicit fentanyl is potentially lethal even if only a very 

small quantity is ingested or inhaled; 

Whereas across the United States, illicit fentanyl use and related deaths are rising at alarming rates; 

Whereas illicit fentanyl is cheaper to manufacture than heroin 

and the sale of illicit fentanyl is highly profitable for drug 

dealers; 

Whereas illicit fentanyl is sold for its heroin-like effects and illicit fentanyl is often mixed with heroin, cocaine, or methamphetamine as a combination product, with or without 

the knowledge of the user; 


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•SRES 535 RS 

Whereas illicit fentanyl is often produced to physically resemble other opioid pain medicines, such as oxycodone, which 

sell for high amounts on the street; 

Whereas drug users often overdose on illicit fentanyl because 

users are unaware that they are ingesting illicit fentanyl 

and do not anticipate the toxicity and potential lethality 

of illicit fentanyl; 

Whereas, according to the Centers for Disease Control and Prevention, between 2013 and 2014, the death rate from 

overdoses caused by synthetic opioids, including illicit 

fentanyl and synthetic opioid pain relievers other than 

methadone, increased 80 percent; 

Whereas, in 2015, the Drug Enforcement Administration (referred to in this preamble as the ‘‘DEA’’) issued a National Drug Threat Assessment Summary, which found 

that Mexican transnational criminal organizations are— 

(1) one of the greatest criminal drug threats to the 

United States; and 

(2) poly-drug organizations that use established 

transportation routes and distribution networks to traffic 

heroin, methamphetamine, cocaine, and marijuana 

throughout the United States; 

Whereas, in 2016, the DEA issued a National Heroin Threat 

Assessment Summary, which found that ‘‘starting in late 

2013, several states reported spikes in overdose deaths due 

to fentanyl and its analog acetyl-fentanyl’’; 

Whereas the 2016 National Heroin Threat Assessment Summary found that— 

(1) Mexican drug traffickers are expanding their operations to gain a larger share of eastern United States 

heroin markets; and 


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•SRES 535 RS 

(2) the availability of heroin is increasing throughout 

the United States; 

Whereas between 2013 and 2014, there were more than 700 

fentanyl-related deaths in the United States; 

Whereas the number of deaths attributable to illicit fentanyl 

may be significantly underreported because— 

(1) coroners and medical examiners do not test, or 

lack the resources to test, routinely for fentanyl; 

(2) crime laboratories lack the resources to test routinely for fentanyl; and 

(3) illicit fentanyl deaths may erroneously be attributed to heroin; 

Whereas, in March 2015, the DEA issued a nationwide alert 

on illicit fentanyl as a threat to health and public safety; 

Whereas illicit fentanyl has the potential to endanger public 

health workers, first responders, and law enforcement personnel who may unwittingly come into contact with illicit 

fentanyl by accidentally inhaling airborne powder; 

Whereas, according to the DEA— 

(1) Mexico is the primary source for illicit fentanyl 

trafficked into the United States; and 

(2) distributors in China are the source of the 

fentanyl analogs and the precursor chemicals to manufacture fentanyl analogs that are found in Mexico and Canada; 

Whereas fentanyl produced illicitly in Mexico is— 

(1) smuggled across the southwest border of the United 

States, or delivered through mail and express consignment 

couriers; and 


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•SRES 535 RS 

(2) often mixed with heroin or diluents in the United 

States and then distributed in the same United States 

markets in which white powder heroin is distributed; and 

Whereas United States law enforcement officials have recently 

seen— 

(1) an influx of illicit fentanyl into the United States 

directly from China; 

(2) shipments of the equipment to manufacture illicit 

fentanyl, such as pill presses; and 

(3) some illicit fentanyl products being smuggled into 

the United States across the northern border with Canada: 

Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) the use of illicit fentanyl in the United 

3 States and the resulting overdose deaths are a public 

4 health crisis; 

5 (2) the trafficking of illicit fentanyl into the 

6 United States, especially the trafficking of illicit 

7 fentanyl by transnational criminal organizations, is a 

8 problem that requires close cooperation between the 

9 United States Government and the Governments of 

10 Mexico and China; 

11 (3) the United States Government and the Gov12 ernments of Mexico and China have a shared inter13 est in, and responsibility for, stopping the trafficking 

14 of fentanyl into the United States and all 3 coun15 tries should develop joint actions to attain that goal; 

16 (4) the United States should— 


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1 (A) support the Governments of Mexico 

2 and China in the efforts of the Governments of 

3 Mexico and China to stop the trafficking of il4 licit fentanyl into the United States; 

5 (B) take further measures to reduce and 

6 prevent heroin and fentanyl consumption 

7 through the use of evidence-based prevention, 

8 treatment, and recovery services; and 

9 (C) provide access to treatment and reha10 bilitation to help individuals with substance use 

11 disorders recover; and 

12 (5) the United States Government, including 

13 the Secretary of State, the Attorney General, the 

14 Secretary of Homeland Security, and the Director of 

15 the Office of National Drug Control Policy, should 

16 use the broad diplomatic and law enforcement re17 sources of the United States, in partnership with the 

18 Governments of Mexico and China, to stop the traf19 ficking of illicit fentanyl into the United States. 

20 That it is the sense of the Senate that— 

21 (1) the use of illicit fentanyl in the United States 

22 and the resulting overdose deaths are a public health 

23 crisis; 

24 (2) the trafficking of illicit fentanyl into the 

25 United States, especially the trafficking of illicit 


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1 fentanyl by transnational criminal organizations, is 

2 a problem that requires close cooperation between the 

3 United States Government and the Governments of 

4 Mexico and China; 

5 (3) the United States Government and the Gov6 ernments of Mexico and China have a shared interest 

7 in, and responsibility for, stopping the production of 

8 illicit fentanyl and its trafficking into the United 

9 States; 

10 (4) the United States should— 

11 (A) support efforts by the Governments of 

12 Mexico and China to stop the production of il13 licit fentanyl and its trafficking into the United 

14 States; and 

15 (B) take further measures to reduce and 

16 prevent heroin and fentanyl consumption 

17 through— 

18 (i) enhanced enforcement to reduce the 

19 illegal supply; and 

20 (ii) increased use of evidence-based pre21 vention, treatment, and recovery services; 

22 and 

23 (5) the United States Government, including the 

24 Secretary of State, the Attorney General, the Sec25 retary of Homeland Security, and the Director of the 


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1 Office of National Drug Control Policy, should use the 

2 broad diplomatic and law enforcement resources of 

3 the United States, in partnership with the Govern4 ments of Mexico and China, to stop the production of 

5 illicit fentanyl and its trafficking into the United 

6 States. 


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Calendar No. 707 

114TH CONGRESS 

2D SESSION S. RES. 535 

RESOLUTION 

Expressing the sense of the Senate regarding the 

States from Mexico and China. trafficking of illicit fentanyl into the United 

DECEMBER 7, 2016 

Reported with an amendment and an amendment to the 

preamble 


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