I 

116TH CONGRESS 

1ST SESSION H. R. 2226 

To impose sanctions with respect to foreign traffickers of illicit opioids, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2019 

Mr. BUCHANAN (for himself and Mr. MOULTON) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Committees on Financial Services, Oversight and Reform, the Judiciary, Intelligence (Permanent Select), Armed Services, and Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To impose sanctions with respect to foreign traffickers of 

illicit opioids, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fentanyl Sanctions Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 


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Sec. 3. Sense of Congress. 

Sec. 4. Definitions. 

TITLE I—SANCTIONS WITH RESPECT TO FOREIGN OPIOID 

TRAFFICKERS 

Sec. 101. Identification of foreign opioid traffickers. 

Sec. 102. Sense of Congress and reporting on international opioid control regime. 

Sec. 103. Imposition of sanctions. 

Sec. 104. Description of sanctions. 

Sec. 105. Waivers. 

Sec. 106. Procedures for judicial review of classified information. 

Sec. 107. Briefings on implementation. 

Sec. 108. Exception relating to importation of goods. 

TITLE II—COMMISSION ON COMBATING SYNTHETIC OPIOID 

TRAFFICKING 

Sec. 201. Commission on combating synthetic opioid trafficking. 

TITLE III—OTHER MATTERS 

Sec. 301. Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers. 

Sec. 302. Department of Defense funding. 

Sec. 303. Department of State funding. 

Sec. 304. Department of the Treasury funding. 

Sec. 305. Appropriate committees of Congress defined. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The Centers for Disease Control and Pre4 vention estimate that from June 2017 through June 

5 2018 more than 48,000 people in the United States 

6 died from an opioid overdose, with synthetic opioids 

7 (excluding methadone), contributing to a record 

8 31,500 overdose deaths. While drug overdose deaths 

9 from methadone, semi-synthetic opioids, and heroin 

10 have decreased in recent months, overdose deaths 

11 from synthetic opioids have continued to increase. 


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1 (2) The objective of preventing the proliferation 

2 of synthetic opioids through existing multilateral and 

3 bilateral initiatives requires additional efforts to 

4 deny illicit actors the financial means to sustain 

5 their markets and distribution networks. 

6 (3) The People’s Republic of China is the 

7 world’s largest producer of illicit fentanyl, fentanyl 

8 analogues, and their immediate precursors. From 

9 the People’s Republic of China, those substances are 

10 shipped primarily through express consignment car11 riers or international mail directly to the United 

12 States, or, alternatively, shipped directly to 

13 transnational criminal organizations in Mexico, Can14 ada, and the Caribbean. 

15 (4) In 2015, Mexican heroin accounted for 93 

16 percent of the total weight of heroin seized in the 

17 United States, transported to the United States by 

18 transnational criminal organizations that maintain 

19 territorial influence over large regions in Mexico and 

20 remain the greatest criminal drug threat to the 

21 United States. 

22 (5) The United States and the People’s Repub23 lic of China, Mexico, and Canada have made impor24 tant strides in combating the illicit flow of opioids 


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1 through bilateral efforts of their respective law en2 forcement agencies. 

3 (6) Insufficient regulation of synthetic opioid 

4 production and export and insufficient law enforce5 ment efforts to combat opioid trafficking in the Peo6 ple’s Republic of China and Mexico continue to con7 tribute to a flood of opioids into the United States. 

8 (7) While the Department of the Treasury used 

9 the Foreign Narcotics Kingpin Designation Act (21 

10 U.S.C. 1901 et seq.) to sanction the first synthetic 

11 opioid trafficking entity in April 2018, precision eco12 nomic and financial sanctions policy tools are needed 

13 to address the flow of synthetic opioids. 

14 SEC. 3. SENSE OF CONGRESS. 

15 It is the sense of Congress that— 

16 (1) the United States should apply economic 

17 and other financial sanctions to foreign traffickers of 

18 illicit opioids to protect the national security, foreign 

19 policy, and economy of the United States; and 

20 (2) it is imperative that the People’s Republic 

21 of China follow through on the commitments it made 

22 to the United States on December 6, 2018, through 

23 the Group of Twenty— 


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1 (A) to schedule the entire category of 

2 fentanyl-type substances as controlled sub3 stances; and 

4 (B) to change its national and provincial 

5 laws and increase provincial law enforcement ef6 forts to prosecute traffickers of fentanyl sub7 stances. 

8 SEC. 4. DEFINITIONS. 

9 In this Act: 

10 (1) ALIEN; NATIONAL; NATIONAL OF THE

11 UNITED STATES.—The terms ‘‘alien’’, ‘‘national’’, 

12 and ‘‘national of the United States’’ have the mean13 ings given those terms in section 101 of the Immi14 gration and Nationality Act (8 U.S.C. 1101). 

15 (2) APPROPRIATE CONGRESSIONAL COMMIT16 TEES AND LEADERSHIP.—The term ‘‘appropriate 

17 congressional committees and leadership’’ means— 

18 (A) the Committee on Armed Services, the 

19 Committee on Banking, Housing, and Urban 

20 Affairs, the Committee on Foreign Relations, 

21 the Committee on Homeland Security and Gov22 ernmental Affairs, the Committee on the Judi23 ciary, the Select Committee on Intelligence, and 

24 the majority leader and the minority leader of 

25 the Senate; and 


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1 (B) the Committee on Armed Services, the 

2 Committee on Financial Services, the Com3 mittee on Foreign Affairs, the Committee on 

4 Homeland Security, the Committee on the Judi5 ciary, the Permanent Select Committee on In6 telligence, and the Speaker and the minority 

7 leader of the House of Representatives. 

8 (3) CONTROLLED SUBSTANCE; LISTED CHEM9 ICAL.—The terms ‘‘controlled substance’’, ‘‘listed 

10 chemical’’, ‘‘narcotic drug’’, and ‘‘opioid’’ have the 

11 meanings given those terms in section 102 of the 

12 Controlled Substances Act (21 U.S.C. 802). 

13 (4) ENTITY.—The term ‘‘entity’’ means a part14 nership, joint venture, association, corporation, orga15 nization, network, group, or subgroup, or any form 

16 of business collaboration. 

17 (5) FOREIGN OPIOID TRAFFICKER.—The term 

18 ‘‘foreign opioid trafficker’’ means any foreign person 

19 that the President determines plays a significant 

20 role in opioid trafficking. 

21 (6) FOREIGN PERSON.—The term ‘‘foreign per22 son’’— 

23 (A) means— 

24 (i) any citizen or national of a foreign 

25 country; or 


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1 (ii) any entity not organized under the 

2 laws of the United States or a jurisdiction 

3 within the United States; and 

4 (B) does not include the government of a 

5 foreign country. 

6 (7) KNOWINGLY.—The term ‘‘knowingly’’, with 

7 respect to conduct, a circumstance, or a result, 

8 means that a person has actual knowledge, or should 

9 have known, of the conduct, the circumstance, or the 

10 result. 

11 (8) OPIOID TRAFFICKING.—The term ‘‘opioid 

12 trafficking’’ means any illicit activity— 

13 (A) to cultivate, produce, manufacture, dis14 tribute, sell, or knowingly finance or transport 

15 illicit opioids, controlled substances that are 

16 opioids, listed chemicals that are opioids, or ac17 tive pharmaceutical ingredients or chemicals 

18 that are used in the production of controlled 

19 substances that are opioids; 

20 (B) to attempt to carry out an activity de21 scribed in subparagraph (A); or 

22 (C) to assist, abet, conspire, or collude 

23 with other persons to carry out such an activity. 

24 (9) PERSON.—The term ‘‘person’’ means an in25 dividual or entity. 


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1 (10) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) any citizen or national of the United 

4 States; 

5 (B) any alien lawfully admitted for perma6 nent residence in the United States; 

7 (C) any entity organized under the laws of 

8 the United States or any jurisdiction within the 

9 United States (including a foreign branch of 

10 such an entity); or 

11 (D) any person located in the United 

12 States. 

13 TITLE I—SANCTIONS WITH RE14 SPECT TO FOREIGN OPIOID 

15 TRAFFICKERS 

16 SEC. 101. IDENTIFICATION OF FOREIGN OPIOID TRAF17 FICKERS. 

18 (a) PUBLIC REPORT.— 

19 (1) IN GENERAL.—The President shall submit 

20 to the appropriate congressional committees and 

21 leadership, in accordance with subsection (c), a re22 port— 

23 (A) identifying the foreign persons that the 

24 President determines are foreign opioid traf25 fickers; 


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1 (B) detailing progress the President has 

2 made in implementing this title; and 

3 (C) providing an update on cooperative ef4 forts with the Governments of Mexico and the 

5 People’s Republic of China with respect to com6 bating foreign opioid traffickers. 

7 (2) IDENTIFICATION OF ADDITIONAL PER8 SONS.—If, at any time after submitting a report re9 quired by paragraph (1) and before the submission 

10 of the next such report, the President determines 

11 that a foreign person not identified in the report is 

12 a foreign opioid trafficker, the President shall sub13 mit to the appropriate congressional committees and 

14 leadership an additional report containing the infor15 mation required by paragraph (1) with respect to 

16 the foreign person. 

17 (3) EXCLUSION.—The President shall not be 

18 required to include in a report under paragraph (1) 

19 or (2) any persons with respect to which the United 

20 States has imposed sanctions before the date of the 

21 report under this title or any other provision of law 

22 with respect to opioid trafficking. 

23 (4) FORM OF REPORT.— 

24 (A) IN GENERAL.—Each report required 

25 by paragraph (1) or (2) shall be submitted in 


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1 unclassified form but may include a classified 

2 annex. 

3 (B) AVAILABILITY TO PUBLIC.—The un4 classified portion of a report required by para5 graph (1) or (2) shall be made available to the 

6 public. 

7 (b) CLASSIFIED REPORT.— 

8 (1) IN GENERAL.—The President shall submit 

9 to the appropriate congressional committees and 

10 leadership, in accordance with subsection (c), a re11 port, in classified form— 

12 (A) describing in detail the status of sanc13 tions imposed under this title, including the 

14 personnel and resources directed toward the im15 position of such sanctions during the preceding 

16 fiscal year; 

17 (B) providing background information with 

18 respect to persons newly identified as foreign 

19 opioid traffickers and their illicit activities; 

20 (C) describing actions the President in21 tends to undertake or has undertaken to imple22 ment this title; and 

23 (D) providing a strategy for identifying ad24 ditional foreign opioid traffickers. 


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1 (2) EFFECT ON OTHER REPORTING REQUIRE2 MENTS.—The report required by paragraph (1) is in 

3 addition to the obligations of the President to keep 

4 Congress fully and currently informed pursuant to 

5 the provisions of the National Security Act of 1947 

6 (50 U.S.C. 3001 et seq.). 

7 (c) SUBMISSION OF REPORTS.—Not later than 180 

8 days after the date of the enactment of this Act, and annu9 ally thereafter until the date that is 5 years after such 

10 date of enactment, the President shall submit the reports 

11 required by subsections (a) and (b) to the appropriate con12 gressional committees and leadership. 

13 (d) EXCLUSION OF CERTAIN INFORMATION.— 

14 (1) INTELLIGENCE.—Notwithstanding any 

15 other provision of this section, a report required by 

16 subsection (a) or (b) shall not disclose the identity 

17 of any person if the Director of National Intelligence 

18 determines that such disclosure could compromise an 

19 intelligence operation, activity, source, or method of 

20 the United States. 

21 (2) LAW ENFORCEMENT.—Notwithstanding any 

22 other provision of this section, a report required by 

23 subsection (a) or (b) shall not disclose the identity 

24 of any person if the Attorney General, in coordina25 tion, as appropriate, with the Director of the FedVerDate Sep 11 2014 04:13 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2226.IH H2226

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1 eral Bureau of Investigation, the Administrator of 

2 the Drug Enforcement Administration, the head of 

3 any other appropriate Federal law enforcement 

4 agency, and the Secretary of the Treasury, deter5 mines that such disclosure could reasonably be ex6 pected— 

7 (A) to compromise the identity of a con8 fidential source, including a State, local, or for9 eign agency or authority or any private institu10 tion that furnished information on a confiden11 tial basis; 

12 (B) to jeopardize the integrity or success 

13 of an ongoing criminal investigation or prosecu14 tion; 

15 (C) to endanger the life or physical safety 

16 of any person; or 

17 (D) to cause substantial harm to physical 

18 property. 

19 (3) NOTIFICATION REQUIRED.—If the Director 

20 of National Intelligence makes a determination 

21 under paragraph (1) or the Attorney General makes 

22 a determination under paragraph (2), the Director 

23 or the Attorney General, as the case may be, shall 

24 notify the appropriate congressional committees and 


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1 leadership of the determination and the reasons for 

2 the determination. 

3 (e) PROVISION OF INFORMATION REQUIRED FOR RE4 PORTS.—The Secretary of the Treasury, the Attorney 

5 General, the Secretary of Defense, the Secretary of State, 

6 the Secretary of Homeland Security, and the Director of 

7 National Intelligence shall consult among themselves and 

8 provide to the President and the Director of the Office 

9 of National Drug Control Policy the appropriate and nec10 essary information to enable the President to submit the 

11 reports required by subsection (a). 

12 SEC. 102. SENSE OF CONGRESS AND REPORTING ON INTER13 NATIONAL OPIOID CONTROL REGIME. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that, in order to apply economic and other financial 

16 sanctions to foreign traffickers of illicit opioids to protect 

17 the national security, foreign policy, and economy of the 

18 United States— 

19 (1) the President should instruct the Secretary 

20 of State to commence immediately diplomatic ef21 forts, both in appropriate international fora such as 

22 the United Nations, the Group of Seven, the Group 

23 of Twenty, trilaterally and bilaterally with partners 

24 of the United States, to establish a multilateral 


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1 sanctions regime against foreign opioid traffickers; 

2 and 

3 (2) the Secretary of State, in consultation with 

4 the Secretary of the Treasury, may consider forming 

5 a new coalition of countries to establish a multilat6 eral sanctions regime against foreign opioid traf7 fickers if certain countries in existing multilateral 

8 fora fail to cooperate with respect to establishing 

9 such a regime. 

10 (b) REPORTS TO CONGRESS.— 

11 (1) IN GENERAL.—The President shall include, 

12 in each report required by section 101(b), an assess13 ment conducted by the Secretary of State, in con14 sultation with the Secretary of the Treasury, of the 

15 extent to which any diplomatic efforts described in 

16 subsection (a) have been successful. 

17 (2) ELEMENTS.—Each assessment required by 

18 paragraph (1) shall include an identification of— 

19 (A) the countries the governments of which 

20 have agreed to undertake measures to apply 

21 economic or other financial sanctions to foreign 

22 traffickers of illicit opioids and a description of 

23 those measures; and 

24 (B) the countries the governments of which 

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1 paragraph (A), and, with respect to those coun2 tries, other measures the Secretary of State rec3 ommends that the United States take to apply 

4 economic and other financial sanctions to for5 eign traffickers of illicit opioids. 

6 SEC. 103. IMPOSITION OF SANCTIONS. 

7 The President shall impose 5 or more of the sanctions 

8 described in section 104 with respect to each foreign per9 son that is an entity, and 4 or more of such sanctions 

10 with respect to each foreign person that is an individual, 

11 that— 

12 (1) is identified as a foreign opioid trafficker in 

13 a report submitted under section 101(a); or 

14 (2) the President determines is owned, con15 trolled, directed by, supplying or sourcing precursors 

16 for, or acting for or on behalf of, such a foreign 

17 opioid trafficker. 

18 SEC. 104. DESCRIPTION OF SANCTIONS. 

19 (a) IN GENERAL.—The sanctions that may be im20 posed with respect to a foreign person under section 103 

21 are the following: 

22 (1) LOANS FROM UNITED STATES FINANCIAL

23 INSTITUTIONS.—The United States Government 

24 may prohibit any United States financial institution 


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1 from making loans or providing credits to the for2 eign person. 

3 (2) PROHIBITIONS ON FINANCIAL INSTITU4 TIONS.—The following prohibitions may be imposed 

5 with respect to a foreign person that is a financial 

6 institution: 

7 (A) PROHIBITION ON DESIGNATION AS

8 PRIMARY DEALER.—Neither the Board of Gov9 ernors of the Federal Reserve System nor the 

10 Federal Reserve Bank of New York may des11 ignate, or permit the continuation of any prior 

12 designation of, the financial institution as a pri13 mary dealer in United States Government debt 

14 instruments. 

15 (B) PROHIBITION ON SERVICE AS A RE16 POSITORY OF GOVERNMENT FUNDS.—The fi17 nancial institution may not serve as agent of 

18 the United States Government or serve as re19 pository for United States Government funds. 

20 The imposition of either sanction under subpara21 graph (A) or (B) shall be treated as one sanction for 

22 purposes of section 103, and the imposition of both 

23 such sanctions shall be treated as 2 sanctions for 

24 purposes of that section. 


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1 (3) PROCUREMENT BAN.—The United States 

2 Government may not procure, or enter into any con3 tract for the procurement of, any goods or services 

4 from the foreign person. 

5 (4) FOREIGN EXCHANGE.—The President may, 

6 pursuant to such regulations as the President may 

7 prescribe, prohibit any transactions in foreign ex8 change that are subject to the jurisdiction of the 

9 United States and in which the foreign person has 

10 any interest. 

11 (5) BANKING TRANSACTIONS.—The President 

12 may, pursuant to such regulations as the President 

13 may prescribe, prohibit any transfers of credit or 

14 payments between financial institutions or by, 

15 through, or to any financial institution, to the extent 

16 that such transfers or payments are subject to the 

17 jurisdiction of the United States and involve any in18 terest of the foreign person. 

19 (6) PROPERTY TRANSACTIONS.—The President 

20 may, pursuant to such regulations as the President 

21 may prescribe, prohibit any person from— 

22 (A) acquiring, holding, withholding, using, 

23 transferring, withdrawing, transporting, import24 ing, or exporting any property that is subject to 

25 the jurisdiction of the United States and with 


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1 respect to which the foreign person has any in2 terest; 

3 (B) dealing in or exercising any right, 

4 power, or privilege with respect to such prop5 erty; or 

6 (C) conducting any transaction involving 

7 such property. 

8 (7) BAN ON INVESTMENT IN EQUITY OR DEBT

9 OF SANCTIONED PERSON.—The President may, pur10 suant to such regulations or guidelines as the Presi11 dent may prescribe, prohibit any United States per12 son from investing in or purchasing significant 

13 amounts of equity or debt instruments of the foreign 

14 person. 

15 (8) EXCLUSION OF CORPORATE OFFICERS.— 

16 The President may direct the Secretary of State to 

17 deny a visa to, and the Secretary of Homeland Secu18 rity to exclude from the United States, any alien 

19 that the President determines is a corporate officer 

20 or principal of, or a shareholder with a controlling 

21 interest in, the foreign person. 

22 (9) SANCTIONS ON PRINCIPAL EXECUTIVE OF23 FICERS.—The President may impose on the prin24 cipal executive officer or officers of the foreign per25 son, or on individuals performing similar functions 


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1 and with similar authorities as such officer or offi2 cers, any of the sanctions described in paragraphs 

3 (1) through (8) that are applicable. 

4 (b) PENALTIES.—A person that violates, attempts to 

5 violate, conspires to violate, or causes a violation of any 

6 regulation, license, or order issued to carry out subsection 

7 (a) shall be subject to the penalties set forth in subsections 

8 (b) and (c) of section 206 of the International Emergency 

9 Economic Powers Act (50 U.S.C. 1705) to the same ex10 tent as a person that commits an unlawful act described 

11 in subsection (a) of that section. 

12 (c) EXCEPTIONS.— 

13 (1) INTELLIGENCE ACTIVITIES.—Sanctions 

14 under this section shall not apply with respect to 

15 any activity subject to the reporting requirements 

16 under title V of the National Security Act of 1947 

17 (50 U.S.C. 3091 et seq.) or to any authorized intel18 ligence activities of the United States. 

19 (2) EXCEPTION TO COMPLY WITH UNITED NA20 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

21 under subsection (a)(8) shall not apply to an alien 

22 if admitting the alien into the United States is nec23 essary to permit the United States to comply with 

24 the Agreement regarding the Headquarters of the 

25 United Nations, signed at Lake Success June 26, 


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1 1947, and entered into force November 21, 1947, 

2 between the United Nations and the United States, 

3 the Convention on Consular Relations, done at Vi4 enna April 24, 1963, and entered into force March 

5 19, 1967, or other applicable international obliga6 tions. 

7 (d) IMPLEMENTATION; REGULATORY AUTHORITY.— 

8 (1) IMPLEMENTATION.—The President may ex9 ercise all authorities provided under sections 203 

10 and 205 of the International Emergency Economic 

11 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

12 this section. 

13 (2) REGULATORY AUTHORITY.—The President 

14 shall issue such regulations, licenses, and orders as 

15 are necessary to carry out this section. 

16 SEC. 105. WAIVERS. 

17 (a) WAIVER FOR STATE-OWNED FINANCIAL INSTI18 TUTIONS IN COUNTRIES THAT COOPERATE IN MULTILAT19 ERAL ANTI-TRAFFICKING EFFORTS.— 

20 (1) IN GENERAL.—The President may, on a 

21 case-by-case basis, waive for a period of not more 

22 than 12 months the application of sanctions under 

23 this title with respect to a financial institution that 

24 is owned or controlled, directly or indirectly, by a 

25 foreign government or any political subdivision, 


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1 agency, or instrumentality of a foreign government, 

2 if the President, not less than 30 days before the 

3 waiver is to take effect, certifies to the appropriate 

4 congressional committees and leadership that the 

5 foreign government is closely cooperating with the 

6 United States in efforts to prevent opioid trafficking. 

7 (2) CERTIFICATION.—The President may cer8 tify under paragraph (1) that a foreign government 

9 is closely cooperating with the United States in ef10 forts to prevent opioid trafficking if that government 

11 is— 

12 (A) implementing domestic laws to sched13 ule all fentanyl analogues as controlled sub14 stances; and 

15 (B) doing 2 or more of the following: 

16 (i) Implementing substantial improve17 ments in regulations involving the chemical 

18 and pharmaceutical production and export 

19 of illicit opioids. 

20 (ii) Implementing substantial improve21 ments in judicial regulations to combat 

22 transnational criminal organizations that 

23 traffic opioids. 

24 (iii) Increasing efforts to prosecute 

25 foreign opioid traffickers. 


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1 (iv) Increasing intelligence sharing 

2 and law enforcement cooperation with the 

3 United States with respect to opioid traf4 ficking. 

5 (3) SUBSEQUENT RENEWAL OF WAIVER.—The 

6 President may renew a waiver under paragraph (1) 

7 for subsequent periods of not more than 6 months 

8 each if, not less than 30 days before the renewal is 

9 to take effect, the Director of National Intelligence 

10 certifies to the appropriate congressional committees 

11 and leadership that the government of the country 

12 to which the waiver applies has effectively imple13 mented and is effectively enforcing the measures 

14 that formed the basis for the certification under 

15 paragraph (2). 

16 (b) WAIVERS FOR NATIONAL SECURITY AND ACCESS

17 TO PRESCRIPTION MEDICATIONS.— 

18 (1) IN GENERAL.—The President may waive 

19 the application of sanctions under this title with re20 spect to a person if the President determines that 

21 the application of such sanctions with respect to that 

22 person would significantly harm— 

23 (A) the national security of the United 

24 States; or 


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1 (B) subject to paragraph (2), the access of 

2 United States persons to prescription medica3 tions. 

4 (2) MONITORING.—The President shall estab5 lish a monitoring program to verify that a person re6 ceiving a waiver under paragraph (1)(B) is not traf7 ficking illicit opioids. 

8 (3) NOTIFICATION.—Not later than 21 days 

9 after making a determination under paragraph (1) 

10 with respect to a person, the President shall notify 

11 the appropriate congressional committees and lead12 ership of the determination and the reasons for the 

13 determination. 

14 (c) HUMANITARIAN WAIVER.—The President may 

15 waive, for renewable periods of 180 days, the application 

16 of the sanctions under this title if the President certifies 

17 to the appropriate congressional committees and leader18 ship that the waiver is necessary for the provision of hu19 manitarian assistance. 

20 SEC. 106. PROCEDURES FOR JUDICIAL REVIEW OF CLASSI21 FIED INFORMATION. 

22 (a) IN GENERAL.—If a finding under this title, or 

23 a prohibition, condition, or penalty imposed as a result 

24 of any such finding, is based on classified information (as 

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1 cedures Act (18 U.S.C. App.)) and a court reviews the 

2 finding or the imposition of the prohibition, condition, or 

3 penalty, the President may submit such information to the 

4 court ex parte and in camera. 

5 (b) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to confer or imply any right to judi7 cial review of any finding under this title, or any prohibi8 tion, condition, or penalty imposed as a result of any such 

9 finding. 

10 SEC. 107. BRIEFINGS ON IMPLEMENTATION. 

11 Not later than 90 days after the date of the enact12 ment of the Fentanyl Sanctions Act, and every 180 days 

13 thereafter until the date that is 5 years after such date 

14 of enactment, the President, acting through the Secretary 

15 of State, in coordination with the Secretary of the Treas16 ury, shall provide to the appropriate congressional com17 mittees and leadership a comprehensive briefing on efforts 

18 to implement this title. 

19 SEC. 108. EXCEPTION RELATING TO IMPORTATION OF 

20 GOODS. 

21 The authority to impose sanctions under this title 

22 shall not include the authority to impose sanctions on the 

23 importation of goods. 


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1 TITLE II—COMMISSION ON COM2 BATING SYNTHETIC OPIOID 

3 TRAFFICKING 

4 SEC. 201. COMMISSION ON COMBATING SYNTHETIC OPIOID 

5 TRAFFICKING. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—There is established a com8 mission to develop a consensus on a strategic ap9 proach to combating the flow of synthetic opioids 

10 into the United States. 

11 (2) DESIGNATION.—The commission estab12 lished under paragraph (1) shall be known as the 

13 ‘‘Commission on Synthetic Opioid Trafficking’’ (in 

14 this section referred to as the ‘‘Commission’’). 

15 (b) MEMBERSHIP.— 

16 (1) COMPOSITION.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (B), the Commission shall be composed 

19 of the following members: 

20 (i) The Administrator of the Drug 

21 Enforcement Administration. 

22 (ii) The Secretary of Homeland Secu23 rity. 

24 (iii) The Secretary of Defense. 

25 (iv) The Secretary of the Treasury. 


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1 (v) The Secretary of State. 

2 (vi) Two members appointed by the 

3 majority leader of the Senate, one of whom 

4 shall be a Member of the Senate and one 

5 of whom shall not be. 

6 (vii) Two members appointed by the 

7 minority leader of the Senate, one of whom 

8 shall be a Member of the Senate and one 

9 of whom shall not be. 

10 (viii) Two members appointed by the 

11 Speaker of the House of Representatives, 

12 one of whom shall be a Member of the 

13 House of Representatives and one of whom 

14 shall not be. 

15 (ix) Two members appointed by the 

16 minority leader of the House of Represent17 atives, one of whom shall be a Member of 

18 the House of Representatives and one of 

19 whom shall not be. 

20 (B)(i) The members of the Commission 

21 who are not Members of Congress and who are 

22 appointed under clauses (vi) through (ix) of 

23 subparagraph (A) shall be individuals who are 

24 nationally recognized for expertise, knowledge, 

25 or experience in— 


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1 (I) transnational criminal organiza2 tions conducting synthetic opioid traf3 ficking; 

4 (II) the production, manufacturing, 

5 distribution, sale, or transportation of syn6 thetic opioids; or 

7 (III) relations between— 

8 (aa) the United States; and 

9 (bb) the People’s Republic of 

10 China, Mexico, or any other country 

11 of concern with respect to trafficking 

12 in synthetic opioids. 

13 (ii) An official who appoints members of 

14 the Commission may not appoint an individual 

15 as a member of the Commission if the indi16 vidual possesses any personal or financial inter17 est in the discharge of any of the duties of the 

18 Commission. 

19 (iii)(I) All members of the Commission de20 scribed in clause (i) shall possess an appro21 priate security clearance in accordance with ap22 plicable provisions of law concerning the han23 dling of classified information. 

24 (II) For the purpose of facilitating the ac25 tivities of the Commission, the Director of NaVerDate Sep 11 2014 04:13 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2226.IH H2226

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1 tional Intelligence shall expedite to the fullest 

2 degree possible the processing of security clear3 ances that are necessary for members of the 

4 Commission. 

5 (2) CO-CHAIRS.— 

6 (A) IN GENERAL.—The Commission shall 

7 have 2 co-chairs, selected from among the mem8 bers of the Commission, one of whom shall be 

9 a member of the majority party and one of 

10 whom shall be a member of the minority party. 

11 (B) SELECTION.—The individuals who 

12 serve as the co-chairs of the Commission shall 

13 be jointly agreed upon by the President, the 

14 majority leader of the Senate, the minority 

15 leader of the Senate, the Speaker of the House 

16 of Representatives, and the minority leader of 

17 the House of Representatives. 

18 (c) DUTIES.—The duties of the Commission are as 

19 follows: 

20 (1) To define the core objectives and priorities 

21 of the strategic approach described in subsection 

22 (a)(1). 

23 (2) To weigh the costs and benefits of various 

24 strategic options to combat the flow of synthetic 


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1 opioids from the People’s Republic of China, Mexico, 

2 and other countries. 

3 (3) To evaluate whether the options described 

4 in paragraph (2) are exclusive or complementary, 

5 the best means for executing such options, and how 

6 the United States should incorporate and implement 

7 such options within the strategic approach described 

8 in subsection (a)(1). 

9 (4) To review and make determinations on the 

10 difficult choices present within such options, among 

11 them what norms-based regimes the United States 

12 should seek to establish to encourage the effective 

13 regulation of dangerous synthetic opioids. 

14 (5) To report on efforts by actors in the Peo15 ple’s Republic of China to subvert United States 

16 laws and to supply illicit synthetic opioids to persons 

17 in the United States, including up-to-date estimates 

18 of the scale of illicit synthetic opioids flows from the 

19 People’s Republic of China. 

20 (6) To report on the deficiencies in the regula21 tion of pharmaceutical and chemical production of 

22 controlled substances and export controls with re23 spect to such substances in the People’s Republic of 

24 China and other countries that allow opioid trafVerDate Sep 11 2014 04:13 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2226.IH H2226

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1 fickers to subvert such regulations and controls to 

2 traffic illicit opioids into the United States. 

3 (7) To report on the scale of contaminated or 

4 counterfeit drugs originating from the People’s Re5 public of China and India. 

6 (8) To report on how the United States could 

7 work more effectively with provincial and local offi8 cials in the People’s Republic of China and other 

9 countries to combat the illicit production of synthetic 

10 opioids. 

11 (9) In weighing the options for defending the 

12 United States against the dangers of trafficking in 

13 synthetic opioids, to consider possible structures and 

14 authorities that need to be established, revised, or 

15 augmented within the Federal Government. 

16 (d) FUNCTIONING OF COMMISSION.—The provisions 

17 of subsections (c), (d), (e), (g), (h), (i), and (m) of section 

18 1652 of the John S. McCain National Defense Authoriza19 tion Act for Fiscal Year 2019 (Public Law 115–232) shall 

20 apply to the Commission to the same extent and in the 

21 same manner as such provisions apply to the commission 

22 established under that section, except that— 

23 (1) subsection (c)(1) of that section shall be ap24 plied and administered by substituting ‘‘30 days’’ for 

25 ‘‘45 days’’; 


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1 (2) subsection (g)(4)(A) of that section shall be 

2 applied and administered by inserting ‘‘and the At3 torney General’’ after ‘‘Secretary of Defense’’; and 

4 (3) subsections (h)(2)(A) and (i)(1)(A) of that 

5 section shall be applied and administered by sub6 stituting ‘‘level V of the Executive Schedule under 

7 section 5316’’ for ‘‘level IV of the Executive Sched8 ule under section 5315’’. 

9 (e) TREATMENT OF INFORMATION RELATING TO NA10 TIONAL SECURITY.— 

11 (1) RESPONSIBILITY OF DIRECTOR OF NA12 TIONAL INTELLIGENCE.—The Director of National 

13 Intelligence shall assume responsibility for the han14 dling and disposition of any information related to 

15 the national security of the United States that is re16 ceived, considered, or used by the Commission under 

17 this section. 

18 (2) INFORMATION PROVIDED BY CONGRESS.— 

19 Any information related to the national security of 

20 the United States that is provided to the Commis21 sion by the appropriate congressional committees 

22 and leadership may not be further provided or re23 leased without the approval of the chairperson of the 

24 committee, or the Member of Congress, as the case 


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1 may be, that provided the information to the Com2 mission. 

3 (3) ACCESS AFTER TERMINATION OF COMMIS4 SION.—Notwithstanding any other provision of law, 

5 after the termination of the Commission under sub6 section (h), only the members and designated staff 

7 of the appropriate congressional committees and 

8 leadership, the Director of National Intelligence (and 

9 the designees of the Director), and such other offi10 cials of the executive branch as the President may 

11 designate shall have access to information related to 

12 the national security of the United States that is re13 ceived, considered, or used by the Commission. 

14 (f) REPORTS.—The Commission shall submit to the 

15 appropriate congressional committees and leadership— 

16 (1) not later than 270 days after the date of 

17 the enactment of this Act, an initial report on the 

18 activities and recommendations of the Commission 

19 under this section; and 

20 (2) not later than 270 days after the submis21 sion of the initial report under paragraph (1), a final 

22 report on the activities and recommendations of the 

23 Commission under this section. 

24 (g) LIMITATION ON FUNDING.—Of amounts made 

25 available under sections 302, 303, and 304 to carry out 


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1 this Act, not more than $5,000,000 shall be available to 

2 the Commission in any of fiscal years 2020 through 2025. 

3 (h) TERMINATION.— 

4 (1) IN GENERAL.—The Commission, and all the 

5 authorities of this section, shall terminate at the end 

6 of the 120-day period beginning on the date on 

7 which the final report required by subsection (f)(2) 

8 is submitted to the appropriate congressional com9 mittees and leadership. 

10 (2) WINDING UP OF AFFAIRS.—The Commis11 sion may use the 120-day period described in para12 graph (1) for the purposes of concluding its activi13 ties, including providing testimony to Congress con14 cerning the final report required by subsection (f)(2) 

15 and disseminating the report. 

16 TITLE III—OTHER MATTERS 

17 SEC. 301. DIRECTOR OF NATIONAL INTELLIGENCE PRO18 GRAM ON USE OF INTELLIGENCE RE19 SOURCES IN EFFORTS TO SANCTION FOR20 EIGN OPIOID TRAFFICKERS. 

21 (a) PROGRAM REQUIRED.— 

22 (1) IN GENERAL.—The Director of National In23 telligence shall, with the concurrence of the Director 

24 of the Office of National Drug Control Policy, carry 

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1 sources of the intelligence community, including in2 telligence collection and analysis, to assist the Sec3 retary of the Treasury and the Administrator of the 

4 Drug Enforcement Administration in efforts to iden5 tify and impose sanctions with respect to foreign 

6 opioid traffickers under title I. 

7 (2) FOCUS ON ILLICIT FINANCE.—To the ex8 tent practicable, efforts described in paragraph (1) 

9 shall— 

10 (A) take into account specific illicit finance 

11 risks related to narcotics trafficking; and 

12 (B) be developed in consultation with the 

13 Undersecretary of the Treasury for Terrorism 

14 and Financial Crimes, appropriate officials of 

15 the Office of Intelligence and Analysis of the 

16 Department of the Treasury, the Director of 

17 the Financial Crimes Enforcement Network, 

18 and appropriate Federal law enforcement agen19 cies. 

20 (b) REVIEW OF COUNTERNARCOTICS EFFORTS OF

21 THE INTELLIGENCE COMMUNITY.—The Director of Na22 tional Intelligence shall, in coordination with the Director 

23 of the Office of National Drug Control Policy, carry out 

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1 narcotics purposes in order to identify whether such prior2 ities are appropriate and sufficient in light of the number 

3 of lives lost in the United States each year due to use 

4 of illegal drugs. 

5 (c) REPORTS.— 

6 (1) QUARTERLY REPORTS ON PROGRAM.—Not 

7 later than 90 days after the date of the enactment 

8 of this Act, and every 90 days thereafter, the Direc9 tor of National Intelligence and the Director of the 

10 Office of National Drug Control Policy shall jointly 

11 submit to the appropriate congressional committees 

12 and leadership a report on the status and accom13 plishments of the program required by subsection 

14 (a) during the 90-day period ending on the date of 

15 the report. The first report under this paragraph 

16 shall also include a description of the amount of 

17 funds devoted by the intelligence community to the 

18 efforts described in subsection (a) during each of fis19 cal years 2017 and 2018. 

20 (2) REPORT ON REVIEW.—Not later than 120 

21 days after the date of the enactment of this Act, the 

22 Director of National Intelligence and the Director of 

23 the Office of National Drug Control Policy shall 

24 jointly submit to the appropriate congressional com25 mittees and leadership a comprehensive description 


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1 of the results of the review required by subsection 

2 (b), including whether the priorities described in 

3 that subsection are appropriate and sufficient in 

4 light of the number of lives lost in the United States 

5 each year due to use of illegal drugs. If the report 

6 concludes that such priorities are not so appropriate 

7 and sufficient, the report shall also include a de8 scription of the actions to be taken to modify such 

9 priorities in order to assure that such priorities are 

10 so appropriate and sufficient. 

11 (d) INTELLIGENCE COMMUNITY DEFINED.—In this 

12 section, the term ‘‘intelligence community’’ has the mean13 ing given that term in section 3(4) of the National Secu14 rity Act of 1947 (50 U.S.C. 3003(4)). 

15 SEC. 302. DEPARTMENT OF DEFENSE FUNDING. 

16 (a) SOURCE OF FUNDS.—Subject to subsection (b), 

17 amounts authorized to be appropriated for each of fiscal 

18 years 2020 through 2025 for the Department of Defense 

19 for operation and maintenance shall be available for oper20 ations and activities described in subsection (c). 

21 (b) LIMITATION ON AMOUNT AVAILABLE.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the amount available under subsection (a) in a fiscal 

24 year to carry out operations and activities described 

25 in subsection (c) may not exceed the following: 


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1 (A) In fiscal year 2020, $25,000,000. 

2 (B) In each of fiscal years 2021 through 

3 2025, $35,000,000. 

4 (2) EXCLUSION OF FUNDS FOR US SOUTHCOM

5 FROM LIMITATION.—Amounts authorized to be ap6 propriated for a fiscal year for operation and main7 tenance and available for such fiscal year for the 

8 United States Southern Command for operations 

9 and activities described in subsection (c)(2) shall not 

10 count toward the limitation applicable to such fiscal 

11 year under paragraph (1). 

12 (c) OPERATIONS AND ACTIVITIES.—The operations 

13 and activities described in this subsection are the fol14 lowing: 

15 (1) The operations and activities of any depart16 ment or agency of the United States Government 

17 (other than the Department of Defense) in carrying 

18 out this Act. 

19 (2) The operations and activities of the Depart20 ment of Defense in support of any other department 

21 or agency of the United States Government in car22 rying out this Act. 

23 (d) TRANSFER AUTHORITY.— 

24 (1) IN GENERAL.—The Secretary of Defense 

25 may transfer funds authorized to be appropriated 


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1 for the Department of Defense as described in sub2 section (a) to any other department or agency of the 

3 United States Government to carry out this Act. 

4 (2) NOTICE REQUIREMENTS.—Any transfer 

5 under this subsection shall not be subject to any re6 programming requirements under law. However, a 

7 notice on any such transfer shall be provided to the 

8 appropriate committees of Congress. 

9 (3) INAPPLICABILITY OF TRANSFER LIMITA10 TIONS.—Any transfer under this subsection in a fis11 cal year shall not count toward or apply against any 

12 limitation on amounts transferrable by the Depart13 ment of Defense in such fiscal year, including any 

14 limitation specified in an annual defense authoriza15 tion Act for such fiscal year. 

16 SEC. 303. DEPARTMENT OF STATE FUNDING. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Secretary of State 

19 to carry out the operations and activities described in sub20 section (b)— 

21 (1) $25,000,000 for fiscal year 2020; and 

22 (2) $35,000,000 for each of fiscal years 2021 

23 through 2025. 


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1 (b) OPERATIONS AND ACTIVITIES DESCRIBED.—The 

2 operations and activities described in this subsection are 

3 the following: 

4 (1) The operations and activities of any depart5 ment or agency of the United States Government 

6 (other than the Department of State) in carrying 

7 out this Act. 

8 (2) The operations and activities of the Depart9 ment of State in support of any other department or 

10 agency of the United States Government in carrying 

11 out this Act. 

12 (c) NOTIFICATION REQUIREMENT.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), amounts authorized to be appropriated by 

15 subsection (a) may not be obligated until 15 days 

16 after the date on which the President notifies the 

17 appropriate committees of Congress of the Presi18 dent’s intention to obligate such funds. 

19 (2) WAIVER.— 

20 (A) IN GENERAL.—The Secretary of State 

21 may waive the notification requirement under 

22 paragraph (1) if the Secretary determines that 

23 such a waiver is in the national security inter24 ests of the United States. 


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1 (B) NOTIFICATION REQUIREMENT.—If the 

2 Secretary exercises the authority provided 

3 under subparagraph (A) to waive the notifica4 tion requirement under paragraph (1), the Sec5 retary shall notify the appropriate committees 

6 of Congress of the President’s intention to obli7 gate amounts authorized to be appropriated by 

8 subsection (a) as soon as practicable, but not 

9 later than 3 days after obligating such funds. 

10 (d) TRANSFER AUTHORITY.— 

11 (1) IN GENERAL.—The Secretary of State may 

12 transfer funds authorized to be appropriated by sub13 section (a) to any other department or agency of the 

14 United States Government to carry out this Act. 

15 (2) NOTICE REQUIREMENTS.—Any transfer 

16 under this subsection shall not be subject to any re17 programming requirements under law. However, a 

18 notice on any such transfer shall be provided to the 

19 appropriate committees of Congress. 

20 SEC. 304. DEPARTMENT OF THE TREASURY FUNDING. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary of the 

23 Treasury to carry out the operations and activities de24 scribed in subsection (b)— 

25 (1) $25,000,000 for fiscal year 2020; and 


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1 (2) $35,000,000 for each of fiscal years 2021 

2 through 2025. 

3 (b) OPERATIONS AND ACTIVITIES DESCRIBED.—The 

4 operations and activities described in this subsection are 

5 the following: 

6 (1) The operations and activities of any depart7 ment or agency of the United States Government 

8 (other than the Department of the Treasury) in car9 rying out this Act. 

10 (2) The operations and activities of the Depart11 ment of the Treasury in support of any other de12 partment or agency of the United States Govern13 ment in carrying out this Act. 

14 (c) NOTIFICATION REQUIREMENT.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), amounts authorized to be appropriated by 

17 subsection (a) may not be obligated until 15 days 

18 after the date on which the President notifies the 

19 appropriate committees of Congress of the Presi20 dent’s intention to obligate such funds. 

21 (2) WAIVER.— 

22 (A) IN GENERAL.—The Secretary of the 

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1 termines that such a waiver is in the national 

2 security interests of the United States. 

3 (B) NOTIFICATION REQUIREMENT.—If the 

4 Secretary exercises the authority provided 

5 under subparagraph (A) to waive the notifica6 tion requirement under paragraph (1), the Sec7 retary shall notify the appropriate committees 

8 of Congress of the President’s intention to obli9 gate amounts authorized to be appropriated by 

10 subsection (a) as soon as practicable, but not 

11 later than 3 days after obligating such funds. 

12 (d) TRANSFER AUTHORITY.— 

13 (1) IN GENERAL.—The Secretary of the Treas14 ury may transfer funds authorized to be appro15 priated by subsection (a) to any other department or 

16 agency of the United States Government to carry 

17 out this Act. 

18 (2) NOTICE REQUIREMENTS.—Any transfer 

19 under this subsection shall not be subject to any re20 programming requirements under law. However, a 

21 notice on any such transfer shall be provided to the 

22 appropriate committees of Congress. 


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1 SEC. 305. APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED. 

3 In this title, the term ‘‘appropriate committees of 

4 Congress’’ means— 

5 (1) the Committee on Armed Services, the 

6 Committee on Banking, Housing, and Urban Af7 fairs, the Committee on Foreign Relations, the Se8 lect Committee on Intelligence, and the Committee 

9 on Appropriations of the Senate; and 

10 (2) the Committee on Armed Services, the 

11 Committee on Financial Services, the Committee on 

12 Foreign Affairs, the Permanent Select Committee on 

13 Intelligence, and the Committee on Appropriations 

14 of the House of Representatives. 

Æ 


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