II 

116TH CONGRESS 

1ST SESSION S. 1044 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2019 

Mr. SCHUMER (for himself, Mr. COTTON, Mr. BROWN, Mr. RUBIO, Mr. 

MENENDEZ, Mrs. SHAHEEN, and Mr. TOOMEY) introduced the following 

bill; which was read twice and referred to the Committee on Banking, 

Housing, and Urban Affairs 

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. 

Sec. 3. Sense of Congress. 

Sec. 4. Definitions. 


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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. 

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. 

12 (2) The objective of preventing the proliferation 

13 of synthetic opioids though existing multilateral and 

14 bilateral initiatives requires additional efforts to 


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1 deny illicit actors the financial means to sustain 

2 their markets and distribution networks. 

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

4 world’s largest producer of illicit fentanyl, fentanyl 

5 analogues, and their immediate precursors. From 

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

7 shipped primarily through express consignment car8 riers or international mail directly to the United 

9 States, or, alternatively, shipped directly to transna10 tional criminal organizations in Mexico, Canada, and 

11 the Caribbean. 

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

13 percent of the total weight of heroin seized in the 

14 United States, transported to the United States by 

15 transnational criminal organizations that maintain 

16 territorial influence over large regions in Mexico and 

17 remain the greatest criminal drug threat to the 

18 United States. 

19 (5) The United States and the People’s Repub20 lic of China, Mexico, and Canada have made impor21 tant strides in combating the illicit flow of opioids 

22 through bilateral efforts of their respective law en23 forcement agencies. 

24 (6) Insufficient regulation of synthetic opioid 

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1 ment efforts to combat opioid trafficking in the Peo2 ple’s Republic of China and Mexico continue to con3 tribute to a flood of opioids into the United States. 

4 (7) While the Department of the Treasury used 

5 the Foreign Narcotics Kingpin Designation Act (21 

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

7 opioid trafficking entity in April 2018, precision eco8 nomic and financial sanctions policy tools are needed 

9 to address the flow of synthetic opioids. 

10 SEC. 3. SENSE OF CONGRESS. 

11 It is the sense of Congress that— 

12 (1) the United States should apply economic 

13 and other financial sanctions to foreign traffickers of 

14 illicit opioids to protect the national security, foreign 

15 policy, and economy of the United States; and 

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

17 of China follow through on the commitments it made 

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

19 the Group of Twenty— 

20 (A) to schedule the entire category of 

21 fentanyl-type substances as controlled sub22 stances; and 

23 (B) to change its national and provincial 

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1 forts to prosecute traffickers of fentanyl sub2 stances. 

3 SEC. 4. DEFINITIONS. 

4 In this Act: 

5 (1) ALIEN; NATIONAL; NATIONAL OF THE

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

7 and ‘‘national of the United States’’ have the mean8 ings given those terms in section 101 of the Immi9 gration and Nationality Act (8 U.S.C. 1101). 

10 (2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES AND LEADERSHIP.—The term ‘‘appropriate 

12 congressional committees and leadership’’ means— 

13 (A) the Committee on Armed Services, the 

14 Committee on Banking, Housing, and Urban 

15 Affairs, the Committee on Foreign Relations, 

16 the Committee on Homeland Security and Gov17 ernmental Affairs, the Committee on the Judi18 ciary, the Select Committee on Intelligence, and 

19 the majority leader and the minority leader of 

20 the Senate; and 

21 (B) the Committee on Armed Services, the 

22 Committee on Financial Services, the Com23 mittee on Foreign Affairs, the Committee on 

24 Homeland Security, the Committee on the Judi25 ciary, the Permanent Select Committee on InVerDate Sep 11 2014 04:39 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1044.IS S1044

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1 telligence, and the Speaker and the minority 

2 leader of the House of Representatives. 

3 (3) CONTROLLED SUBSTANCE; LISTED CHEM4 ICAL.—The terms ‘‘controlled substance’’, ‘‘listed 

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

6 meanings given those terms in section 102 of the 

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

8 (4) ENTITY.—The term ‘‘entity’’ means a part9 nership, joint venture, association, corporation, orga10 nization, network, group, or subgroup, or any form 

11 of business collaboration. 

12 (5) FOREIGN OPIOID TRAFFICKER.—The term 

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

14 that the President determines plays a significant 

15 role in opioid trafficking. 

16 (6) FOREIGN PERSON.—The term ‘‘foreign per17 son’’— 

18 (A) means— 

19 (i) any citizen or national of a foreign 

20 country; or 

21 (ii) any entity not organized under the 

22 laws of the United States or a jurisdiction 

23 within the United States; and 

24 (B) does not include the government of a 

25 foreign country. 


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

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

3 means that a person has actual knowledge, or should 

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

5 result. 

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

7 trafficking’’ means any illicit activity— 

8 (A) to cultivate, produce, manufacture, dis9 tribute, sell, or knowingly finance or transport 

10 illicit opioids, controlled substances that are 

11 opioids, listed chemicals that are opioids, or ac12 tive pharmaceutical ingredients or chemicals 

13 that are used in the production of controlled 

14 substances that are opioids; 

15 (B) to attempt to carry out an activity de16 scribed in subparagraph (A); or 

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

18 with other persons to carry out such an activity. 

19 (9) PERSON.—The term ‘‘person’’ means an in20 dividual or entity. 

21 (10) UNITED STATES PERSON.—The term 

22 ‘‘United States person’’ means— 

23 (A) any citizen or national of the United 

24 States; 


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1 (B) any alien lawfully admitted for perma2 nent residence in the United States; 

3 (C) any entity organized under the laws of 

4 the United States or any jurisdiction within the 

5 United States (including a foreign branch of 

6 such an entity); or 

7 (D) any person located in the United 

8 States. 

9 TITLE I—SANCTIONS WITH RE10 SPECT TO FOREIGN OPIOID 

11 TRAFFICKERS 

12 SEC. 101. IDENTIFICATION OF FOREIGN OPIOID TRAF13 FICKERS. 

14 (a) PUBLIC REPORT.— 

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

16 to the appropriate congressional committees and 

17 leadership, in accordance with subsection (c), a re18 port— 

19 (A) identifying the foreign persons that the 

20 President determines are foreign opioid traf21 fickers; 

22 (B) detailing progress the President has 

23 made in implementing this title; and 

24 (C) providing an update on cooperative ef25 forts with the Governments of Mexico and the 


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1 People’s Republic of China with respect to com2 bating foreign opioid traffickers. 

3 (2) IDENTIFICATION OF ADDITIONAL PER4 SONS.—If, at any time after submitting a report re5 quired by paragraph (1) and before the submission 

6 of the next such report, the President determines 

7 that a foreign person not identified in the report is 

8 a foreign opioid trafficker, the President shall sub9 mit to the appropriate congressional committees and 

10 leadership an additional report containing the infor11 mation required by paragraph (1) with respect to 

12 the foreign person. 

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

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

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

16 States has imposed sanctions before the date of the 

17 report under this title or any other provision of law 

18 with respect to opioid trafficking. 

19 (4) FORM OF REPORT.— 

20 (A) IN GENERAL.—Each report required 

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

22 unclassified form but may include a classified 

23 annex. 

24 (B) AVAILABILITY TO PUBLIC.—The un25 classified portion of a report required by paraVerDate Sep 11 2014 04:39 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1044.IS S1044

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1 graph (1) or (2) shall be made available to the 

2 public. 

3 (b) CLASSIFIED REPORT.— 

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

5 to the appropriate congressional committees and 

6 leadership, in accordance with subsection (c), a re7 port, in classified form— 

8 (A) describing in detail the status of sanc9 tions imposed under this title, including the 

10 personnel and resources directed toward the im11 position of such sanctions during the preceding 

12 fiscal year; 

13 (B) providing background information with 

14 respect to persons newly identified as foreign 

15 opioid traffickers and their illicit activities; 

16 (C) describing actions the President in17 tends to undertake or has undertaken to imple18 ment this title; and 

19 (D) providing a strategy for identifying ad20 ditional foreign opioid traffickers. 

21 (2) EFFECT ON OTHER REPORTING REQUIRE22 MENTS.—The report required by paragraph (1) is in 

23 addition to the obligations of the President to keep 

24 Congress fully and currently informed pursuant to 


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1 the provisions of the National Security Act of 1947 

2 (50 U.S.C. 3001 et seq.). 

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

4 days after the date of the enactment of this Act, and annu5 ally thereafter until the date that is 5 years after such 

6 date of enactment, the President shall submit the reports 

7 required by subsections (a) and (b) to the appropriate con8 gressional committees and leadership. 

9 (d) EXCLUSION OF CERTAIN INFORMATION.— 

10 (1) INTELLIGENCE.—Notwithstanding any 

11 other provision of this section, a report required by 

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

13 of any person if the Director of National Intelligence 

14 determines that such disclosure could compromise an 

15 intelligence operation, activity, source, or method of 

16 the United States. 

17 (2) LAW ENFORCEMENT.—Notwithstanding any 

18 other provision of this section, a report required by 

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

20 of any person if the Attorney General, in coordina21 tion, as appropriate, with the Director of the Fed22 eral Bureau of Investigation, the Administrator of 

23 the Drug Enforcement Administration, the head of 

24 any other appropriate Federal law enforcement 

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1 mines that such disclosure could reasonably be ex2 pected— 

3 (A) to compromise the identity of a con4 fidential source, including a State, local, or for5 eign agency or authority or any private institu6 tion that furnished information on a confiden7 tial basis; 

8 (B) to jeopardize the integrity or success 

9 of an ongoing criminal investigation or prosecu10 tion; 

11 (C) to endanger the life or physical safety 

12 of any person; or 

13 (D) to cause substantial harm to physical 

14 property. 

15 (3) NOTIFICATION REQUIRED.—If the Director 

16 of National Intelligence makes a determination 

17 under paragraph (1) or the Attorney General makes 

18 a determination under paragraph (2), the Director 

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

20 notify the appropriate congressional committees and 

21 leadership of the determination and the reasons for 

22 the determination. 

23 (e) PROVISION OF INFORMATION REQUIRED FOR RE24 PORTS.—The Secretary of the Treasury, the Attorney 

25 General, the Secretary of Defense, the Secretary of State, 


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1 the Secretary of Homeland Security, and the Director of 

2 National Intelligence shall consult among themselves and 

3 provide to the President and the Director of the Office 

4 of National Drug Control Policy the appropriate and nec5 essary information to enable the President to submit the 

6 reports required by subsection (a). 

7 SEC. 102. SENSE OF CONGRESS AND REPORTING ON INTER8 NATIONAL OPIOID CONTROL REGIME. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that, in order to apply economic and other financial 

11 sanctions to foreign traffickers of illicit opioids to protect 

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

13 United States— 

14 (1) the President should instruct the Secretary 

15 of State to commence immediately diplomatic ef16 forts, both in appropriate international fora such as 

17 the United Nations, the Group of Seven, the Group 

18 of Twenty, trilaterally and bilaterally with partners 

19 of the United States, to establish a multilateral 

20 sanctions regime against foreign opioid traffickers; 

21 and 

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

23 the Secretary of the Treasury, may consider forming 

24 a new coalition of countries to establish a multilat25 eral sanctions regime against foreign opioid trafVerDate Sep 11 2014 04:39 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1044.IS S1044

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1 fickers if certain countries in existing multilateral 

2 fora fail to cooperate with respect to establishing 

3 such a regime. 

4 (b) REPORTS TO CONGRESS.— 

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

6 in each report required by section 101(b), an assess7 ment conducted by the Secretary of State, in con8 sultation with the Secretary of the Treasury, of the 

9 extent to which any diplomatic efforts described in 

10 subsection (a) have been successful. 

11 (2) ELEMENTS.—Each assessment required by 

12 paragraph (1) shall include an identification of— 

13 (A) the countries the governments of which 

14 have agreed to undertake measures to apply 

15 economic or other financial sanctions to foreign 

16 traffickers of illicit opioids and a description of 

17 those measures; and 

18 (B) the countries the governments of which 

19 have not agreed to measures described in sub20 paragraph (A), and, with respect to those coun21 tries, other measures the Secretary of State rec22 ommends that the United States take to apply 

23 economic and other financial sanctions to for24 eign traffickers of illicit opioids. 


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1 SEC. 103. IMPOSITION OF SANCTIONS. 

2 The President shall impose five or more of the sanc3 tions described in section 104 with respect to each foreign 

4 person that is an entity, and four or more of such sanc5 tions with respect to each foreign person that is an indi6 vidual, that— 

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

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

9 (2) the President determines is owned, con10 trolled, directed by, supplying or sourcing precursors 

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

12 opioid trafficker. 

13 SEC. 104. DESCRIPTION OF SANCTIONS. 

14 (a) IN GENERAL.—The sanctions that may be im15 posed with respect to a foreign person under section 103 

16 are the following: 

17 (1) LOANS FROM UNITED STATES FINANCIAL

18 INSTITUTIONS.—The United States Government 

19 may prohibit any United States financial institution 

20 from making loans or providing credits to the for21 eign person. 

22 (2) PROHIBITIONS ON FINANCIAL INSTITU23 TIONS.—The following prohibitions may be imposed 

24 with respect to a foreign person that is a financial 

25 institution: 


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1 (A) PROHIBITION ON DESIGNATION AS

2 PRIMARY DEALER.—Neither the Board of Gov3 ernors of the Federal Reserve System nor the 

4 Federal Reserve Bank of New York may des5 ignate, or permit the continuation of any prior 

6 designation of, the financial institution as a pri7 mary dealer in United States Government debt 

8 instruments. 

9 (B) PROHIBITION ON SERVICE AS A RE10 POSITORY OF GOVERNMENT FUNDS.—The fi11 nancial institution may not serve as agent of 

12 the United States Government or serve as re13 pository for United States Government funds. 

14 The imposition of either sanction under subpara15 graph (A) or (B) shall be treated as one sanction for 

16 purposes of section 103, and the imposition of both 

17 such sanctions shall be treated as 2 sanctions for 

18 purposes of that section. 

19 (3) PROCUREMENT BAN.—The United States 

20 Government may not procure, or enter into any con21 tract for the procurement of, any goods or services 

22 from the foreign person. 

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

24 pursuant to such regulations as the President may 

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1 change that are subject to the jurisdiction of the 

2 United States and in which the foreign person has 

3 any interest. 

4 (5) BANKING TRANSACTIONS.—The President 

5 may, pursuant to such regulations as the President 

6 may prescribe, prohibit any transfers of credit or 

7 payments between financial institutions or by, 

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

9 that such transfers or payments are subject to the 

10 jurisdiction of the United States and involve any in11 terest of the foreign person. 

12 (6) PROPERTY TRANSACTIONS.—The President 

13 may, pursuant to such regulations as the President 

14 may prescribe, prohibit any person from— 

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

16 transferring, withdrawing, transporting, import17 ing, or exporting any property that is subject to 

18 the jurisdiction of the United States and with 

19 respect to which the foreign person has any in20 terest; 

21 (B) dealing in or exercising any right, 

22 power, or privilege with respect to such prop23 erty; or 

24 (C) conducting any transaction involving 

25 such property. 


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1 (7) BAN ON INVESTMENT IN EQUITY OR DEBT

2 OF SANCTIONED PERSON.—The President may, pur3 suant to such regulations or guidelines as the Presi4 dent may prescribe, prohibit any United States per5 son from investing in or purchasing significant 

6 amounts of equity or debt instruments of the foreign 

7 person. 

8 (8) EXCLUSION OF CORPORATE OFFICERS.— 

9 The President may direct the Secretary of State to 

10 deny a visa to, and the Secretary of Homeland Secu11 rity to exclude from the United States, any alien 

12 that the President determines is a corporate officer 

13 or principal of, or a shareholder with a controlling 

14 interest in, the foreign person. 

15 (9) SANCTIONS ON PRINCIPAL EXECUTIVE OF16 FICERS.—The President may impose on the prin17 cipal executive officer or officers of the foreign per18 son, or on individuals performing similar functions 

19 and with similar authorities as such officer or offi20 cers, any of the sanctions described in paragraphs 

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

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

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

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

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


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

2 Economic Powers Act (50 U.S.C. 1705) to the same ex3 tent as a person that commits an unlawful act described 

4 in subsection (a) of that section. 

5 (c) EXCEPTIONS.— 

6 (1) INTELLIGENCE ACTIVITIES.—Sanctions 

7 under this section shall not apply with respect to 

8 any activity subject to the reporting requirements 

9 under title V of the National Security Act of 1947 

10 (50 U.S.C. 3091 et seq.) or to any authorized intel11 ligence activities of the United States. 

12 (2) EXCEPTION RELATING TO IMPORTATION OF

13 GOODS.—The authority to impose sanctions under 

14 subsection (a)(6) shall not include the authority to 

15 impose sanctions on the importation of goods. 

16 (3) EXCEPTION TO COMPLY WITH UNITED NA17 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

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

19 if admitting the alien into the United States is nec20 essary to permit the United States to comply with 

21 the Agreement regarding the Headquarters of the 

22 United Nations, signed at Lake Success June 26, 

23 1947, and entered into force November 21, 1947, 

24 between the United Nations and the United States, 

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1 enna April 24, 1963, and entered into force March 

2 19, 1967, or other applicable international obliga3 tions. 

4 (d) IMPLEMENTATION; REGULATORY AUTHORITY.— 

5 (1) IMPLEMENTATION.—The President may ex6 ercise all authorities provided under sections 203 

7 and 205 of the International Emergency Economic 

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

9 this section. 

10 (2) REGULATORY AUTHORITY.—The President 

11 shall issue such regulations, licenses, and orders as 

12 are necessary to carry out this section. 

13 SEC. 105. WAIVERS. 

14 (a) WAIVER FOR STATE-OWNED FINANCIAL INSTI15 TUTIONS IN COUNTRIES THAT COOPERATE IN MULTILAT16 ERAL ANTI-TRAFFICKING EFFORTS.— 

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

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

19 than 12 months the application of sanctions under 

20 this title with respect to a financial institution that 

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

22 foreign government or any political subdivision, 

23 agency, or instrumentality of a foreign government, 

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

25 waiver is to take effect, certifies to the appropriate 


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1 congressional committees and leadership that the 

2 foreign government is closely cooperating with the 

3 United States in efforts to prevent opioid trafficking. 

4 (2) CERTIFICATION.—The President may cer5 tify under paragraph (1) that a foreign government 

6 is closely cooperating with the United States in ef7 forts to prevent opioid trafficking if that government 

8 is— 

9 (A) implementing domestic laws to sched10 ule all fentanyl analogues as controlled sub11 stances; and 

12 (B) doing two or more of the following: 

13 (i) Implementing substantial improve14 ments in regulations involving the chemical 

15 and pharmaceutical production and export 

16 of illicit opioids. 

17 (ii) Implementing substantial improve18 ments in judicial regulations to combat 

19 transnational criminal organizations that 

20 traffic opioids. 

21 (iii) Increasing efforts to prosecute 

22 foreign opioid traffickers. 

23 (iv) Increasing intelligence sharing 

24 and law enforcement cooperation with the 


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1 United States with respect to opioid traf2 ficking. 

3 (3) SUBSEQUENT RENEWAL OF WAIVER.—The 

4 President may renew a waiver under paragraph (1) 

5 for subsequent periods of not more than 6 months 

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

7 to take effect, the Director of National Intelligence 

8 certifies to the appropriate congressional committees 

9 and leadership that the government of the country 

10 to which the waiver applies has effectively imple11 mented and is effectively enforcing the measures 

12 that formed the basis for the certification under 

13 paragraph (2). 

14 (b) WAIVERS FOR NATIONAL SECURITY AND ACCESS

15 TO PRESCRIPTION MEDICATIONS.— 

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

17 the application of sanctions under this title with re18 spect to a person if the President determines that 

19 the application of such sanctions with respect to that 

20 person would significantly harm— 

21 (A) the national security of the United 

22 States; or 

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

24 United States persons to prescription medica25 tions. 


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1 (2) MONITORING.—The President shall estab2 lish a monitoring program to verify that a person re3 ceiving a waiver under paragraph (1)(B) is not traf4 ficking illicit opioids. 

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

6 after making a determination under paragraph (1) 

7 with respect to a person, the President shall notify 

8 the appropriate congressional committees and lead9 ership of the determination and the reasons for the 

10 determination. 

11 (c) HUMANITARIAN WAIVER.—The President may 

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

13 of the sanctions under this title if the President certifies 

14 to the appropriate congressional committees and leader15 ship that the waiver is necessary for the provision of hu16 manitarian assistance. 

17 SEC. 106. PROCEDURES FOR JUDICIAL REVIEW OF CLASSI18 FIED INFORMATION. 

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

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

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

22 defined in section 1(a) of the Classified Information Pro23 cedures Act (18 U.S.C. App.)) and a court reviews the 

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


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1 penalty, the President may submit such information to the 

2 court ex parte and in camera. 

3 (b) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to confer or imply any right to judi5 cial review of any finding under this title, or any prohibi6 tion, condition, or penalty imposed as a result of any such 

7 finding. 

8 SEC. 107. BRIEFINGS ON IMPLEMENTATION. 

9 Not later than 90 days after the date of the enact10 ment of the Fentanyl Sanctions Act, and every 180 days 

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

12 of enactment, the President, acting through the Secretary 

13 of State, in coordination with the Secretary of the Treas14 ury, shall provide to the appropriate congressional com15 mittees and leadership a comprehensive briefing on efforts 

16 to implement this title. 

17 TITLE II—COMMISSION ON COM18 BATING SYNTHETIC OPIOID 

19 TRAFFICKING 

20 SEC. 201. COMMISSION ON COMBATING SYNTHETIC OPIOID 

21 TRAFFICKING. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—There is established a com24 mission to develop a consensus on a strategic apVerDate Sep 11 2014 04:39 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1044.IS S1044

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1 proach to combating the flow of synthetic opioids 

2 into the United States. 

3 (2) DESIGNATION.—The commission estab4 lished under paragraph (1) shall be known as the 

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

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

7 (b) MEMBERSHIP.— 

8 (1) COMPOSITION.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), the Commission shall be composed 

11 of the following members: 

12 (i) The Administrator of the Drug 

13 Enforcement Administration. 

14 (ii) The Secretary of Homeland Secu15 rity. 

16 (iii) The Secretary of Defense. 

17 (iv) The Secretary of the Treasury. 

18 (v) The Secretary of State. 

19 (vi) Two members appointed by the 

20 majority leader of the Senate, one of whom 

21 shall be a Member of the Senate and one 

22 of whom shall not be. 

23 (vii) Two members appointed by the 

24 minority leader of the Senate, one of whom 


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1 shall be a Member of the Senate and one 

2 of whom shall not be. 

3 (viii) Two members appointed by the 

4 Speaker of the House of Representatives, 

5 one of whom shall be a Member of the 

6 House of Representatives and one of whom 

7 shall not be. 

8 (ix) Two members appointed by the 

9 minority leader of the House of Represent10 atives, one of whom shall be a Member of 

11 the House of Representatives and one of 

12 whom shall not be. 

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

14 who are not Members of Congress and who are 

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

16 subparagraph (A) shall be individuals who are 

17 nationally recognized for expertise, knowledge, 

18 or experience in— 

19 (I) transnational criminal organiza20 tions conducting synthetic opioid traf21 ficking; 

22 (II) the production, manufacturing, 

23 distribution, sale, or transportation of syn24 thetic opioids; or 

25 (III) relations between— 


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1 (aa) the United States; and 

2 (bb) the People’s Republic of 

3 China, Mexico, or any other country 

4 of concern with respect to trafficking 

5 in synthetic opioids. 

6 (ii) An official who appoints members of 

7 the Commission may not appoint an individual 

8 as a member of the Commission if the indi9 vidual possesses any personal or financial inter10 est in the discharge of any of the duties of the 

11 Commission. 

12 (iii)(I) All members of the Commission de13 scribed in clause (i) shall possess an appro14 priate security clearance in accordance with ap15 plicable provisions of law concerning the han16 dling of classified information. 

17 (II) For the purpose of facilitating the ac18 tivities of the Commission, the Director of Na19 tional Intelligence shall expedite to the fullest 

20 degree possible the processing of security clear21 ances that are necessary for members of the 

22 Commission. 

23 (2) CO-CHAIRS.— 

24 (A) IN GENERAL.—The Commission shall 

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1 bers of the Commission, one of whom shall be 

2 a member of the majority party and one of 

3 whom shall be a member of the minority party. 

4 (B) SELECTION.—The individuals who 

5 serve as the co-chairs of the Commission shall 

6 be jointly agreed upon by the President, the 

7 majority leader of the Senate, the minority 

8 leader of the Senate, the Speaker of the House 

9 of Representatives, and the minority leader of 

10 the House of Representatives. 

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

12 follows: 

13 (1) To define the core objectives and priorities 

14 of the strategic approach described in subsection 

15 (a)(1). 

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

17 strategic options to combat the flow of synthetic 

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

19 and other countries. 

20 (3) To evaluate whether the options described 

21 in paragraph (2) are exclusive or complementary, 

22 the best means for executing such options, and how 

23 the United States should incorporate and implement 

24 such options within the strategic approach described 

25 in subsection (a)(1). 


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1 (4) To review and make determinations on the 

2 difficult choices present within such options, among 

3 them what norms-based regimes the United States 

4 should seek to establish to encourage the effective 

5 regulation of dangerous synthetic opioids. 

6 (5) To report on efforts by actors in the Peo7 ple’s Republic of China to subvert United States 

8 laws and to supply illicit synthetic opioids to persons 

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

10 of the scale of illicit synthetic opioids flows from the 

11 People’s Republic of China. 

12 (6) To report on the deficiencies in the regula13 tion of pharmaceutical and chemical production of 

14 controlled substances and export controls with re15 spect to such substances in the People’s Republic of 

16 China and other countries that allow opioid traf17 fickers to subvert such regulations and controls to 

18 traffic illicit opioids into the United States. 

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

20 counterfeit drugs originating from the People’s Re21 public of China and India. 

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

23 work more effectively with provincial and local offi24 cials in the People’s Republic of China and other 


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1 countries to combat the illicit production of synthetic 

2 opioids. 

3 (9) In weighing the options for defending the 

4 United States against the dangers of trafficking in 

5 synthetic opioids, to consider possible structures and 

6 authorities that need to be established, revised, or 

7 augmented within the Federal Government. 

8 (d) FUNCTIONING OF COMMISSION.—The provisions 

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

10 1652 of the John S. McCain National Defense Authoriza11 tion Act for Fiscal Year 2019 (Public Law 115–232) shall 

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

13 same manner as such provisions apply to the commission 

14 established under that section, except that— 

15 (1) subsection (c)(1) of that section shall be ap16 plied and administered by substituting ‘‘30 days’’ for 

17 ‘‘45 days’’; 

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

19 applied and administered by inserting ‘‘and the At20 torney General’’ after ‘‘Secretary of Defense’’; and 

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

22 section shall be applied and administered by sub23 stituting ‘‘level V of the Executive Schedule under 

24 section 5316’’ for ‘‘level IV of the Executive Sched25 ule under section 5315’’. 


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1 (e) TREATMENT OF INFORMATION RELATING TO NA2 TIONAL SECURITY.— 

3 (1) RESPONSIBILITY OF DIRECTOR OF NA4 TIONAL INTELLIGENCE.—The Director of National 

5 Intelligence shall assume responsibility for the han6 dling and disposition of any information related to 

7 the national security of the United States that is re8 ceived, considered, or used by the Commission under 

9 this section. 

10 (2) INFORMATION PROVIDED BY CONGRESS.— 

11 Any information related to the national security of 

12 the United States that is provided to the Commis13 sion by the appropriate congressional committees 

14 and leadership may not be further provided or re15 leased without the approval of the chairperson of the 

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

17 may be, that provided the information to the Com18 mission. 

19 (3) ACCESS AFTER TERMINATION OF COMMIS20 SION.—Notwithstanding any other provision of law, 

21 after the termination of the Commission under sub22 section (h), only the members and designated staff 

23 of the appropriate congressional committees and 

24 leadership, the Director of National Intelligence (and 

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1 cials of the executive branch as the President may 

2 designate shall have access to information related to 

3 the national security of the United States that is re4 ceived, considered, or used by the Commission. 

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

6 appropriate congressional committees and leadership— 

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

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

9 activities and recommendations of the Commission 

10 under this section; and 

11 (2) not later than 270 days after the submis12 sion of the initial report under paragraph (1), a final 

13 report on the activities and recommendations of the 

14 Commission under this section. 

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

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

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

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

19 (h) TERMINATION.— 

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

21 authorities of this section, shall terminate at the end 

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

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

24 is submitted to the appropriate congressional com25 mittees and leadership. 


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1 (2) WINDING UP OF AFFAIRS.—The Commis2 sion may use the 120-day period described in para3 graph (1) for the purposes of concluding its activi4 ties, including providing testimony to Congress con5 cerning the final report required by subsection (f)(2) 

6 and disseminating the report. 

7 TITLE III—OTHER MATTERS 

8 SEC. 301. DIRECTOR OF NATIONAL INTELLIGENCE PRO9 GRAM ON USE OF INTELLIGENCE RE10 SOURCES IN EFFORTS TO SANCTION FOR11 EIGN OPIOID TRAFFICKERS. 

12 (a) PROGRAM REQUIRED.— 

13 (1) IN GENERAL.—The Director of National In14 telligence shall, with the concurrence of the Director 

15 of the Office of National Drug Control Policy, carry 

16 out a program to allocate and enhance use of re17 sources of the intelligence community, including in18 telligence collection and analysis, to assist the Sec19 retary of the Treasury and the Administrator of the 

20 Drug Enforcement Administration in efforts to iden21 tify and impose sanctions with respect to foreign 

22 opioid traffickers under title I. 

23 (2) FOCUS ON ILLICIT FINANCE.—To the ex24 tent practicable, efforts described in paragraph (1) 

25 shall— 


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1 (A) take into account specific illicit finance 

2 risks related to narcotics trafficking; and 

3 (B) be developed in consultation with the 

4 Undersecretary of the Treasury for Terrorism 

5 and Financial Crimes, appropriate officials of 

6 the Office of Intelligence and Analysis of the 

7 Department of the Treasury, the Director of 

8 the Financial Crimes Enforcement Network, 

9 and appropriate Federal law enforcement agen10 cies. 

11 (b) REVIEW OF COUNTERNARCOTICS EFFORTS OF

12 THE INTELLIGENCE COMMUNITY.—The Director of Na13 tional Intelligence shall, in coordination with the Director 

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

15 a comprehensive review of the current intelligence collec16 tion priorities of the intelligence community for counter17 narcotics purposes in order to identify whether such prior18 ities are appropriate and sufficient in light of the number 

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

20 of illegal drugs. 

21 (c) REPORTS.— 

22 (1) QUARTERLY REPORTS ON PROGRAM.—Not 

23 later than 90 days after the date of the enactment 

24 of this Act, and every 90 days thereafter, the Direc25 tor of National Intelligence and the Director of the 


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1 Office of National Drug Control Policy shall jointly 

2 submit to the appropriate congressional committees 

3 and leadership a report on the status and accom4 plishments of the program required by subsection 

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

6 the report. The first report under this paragraph 

7 shall also include a description of the amount of 

8 funds devoted by the intelligence community to the 

9 efforts described in subsection (a) during each of fis10 cal years 2017 and 2018. 

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

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

13 Director of National Intelligence and the Director of 

14 the Office of National Drug Control Policy shall 

15 jointly submit to the appropriate congressional com16 mittees and leadership a comprehensive description 

17 of the results of the review required by subsection 

18 (b), including whether the priorities described in 

19 that subsection are appropriate and sufficient in 

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

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

22 concludes that such priorities are not so appropriate 

23 and sufficient, the report shall also include a de24 scription of the actions to be taken to modify such 


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1 priorities in order to assure than such priorities are 

2 so appropriate and sufficient. 

3 (d) INTELLIGENCE COMMUNITY DEFINED.—In this 

4 section, the term ‘‘intelligence community’’ has the mean5 ing given that term in section 3(4) of the National Secu6 rity Act of 1947 (50 U.S.C. 3003(4)). 

7 SEC. 302. DEPARTMENT OF DEFENSE FUNDING. 

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

9 amounts authorized to be appropriated for each of fiscal 

10 years 2020 through 2025 for the Department of Defense 

11 for operation and maintenance shall be available for oper12 ations and activities described in subsection (c). 

13 (b) LIMITATION ON AMOUNT AVAILABLE.— 

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

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

16 year to carry out operations and activities described 

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

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

19 (B) In each of fiscal years 2021 through 

20 2025, $35,000,000. 

21 (2) EXCLUSION OF FUNDS FOR US SOUTHCOM

22 FROM LIMITATION.—Amounts authorized to be ap23 propriated for a fiscal year for operation and main24 tenance and available for such fiscal year for the 

25 United States Southern Command for operations 


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

2 count toward the limitation applicable to such fiscal 

3 year under paragraph (1). 

4 (c) OPERATIONS AND ACTIVITIES.—The operations 

5 and activities described in this subsection are the fol6 lowing: 

7 (1) The operations and activities of any depart8 ment or agency of the United States Government 

9 (other than the Department of Defense) in carrying 

10 out this Act. 

11 (2) The operations and activities of the Depart12 ment of Defense in support of any other department 

13 or agency of the United States Government in car14 rying out this Act. 

15 (d) TRANSFER AUTHORITY.— 

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

17 may transfer funds authorized to be appropriated 

18 for the Department of Defense as described in sub19 section (a) to any other department or agency of the 

20 United States Government to carry out this Act. 

21 (2) NOTICE REQUIREMENTS.—Any transfer 

22 under this subsection shall not be subject to any re23 programming requirements under law. However, a 

24 notice on any such transfer shall be provided to the 

25 appropriate committees of Congress. 


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1 (3) INAPPLICABILITY OF TRANSFER LIMITA2 TIONS.—Any transfer under this subsection in a fis3 cal year shall not count toward or apply against any 

4 limitation on amounts transferrable by the Depart5 ment of Defense in such fiscal year, including any 

6 limitation specified in an annual defense authoriza7 tion Act for such fiscal year. 

8 SEC. 303. DEPARTMENT OF STATE FUNDING. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary of State 

11 to carry out the operations and activities described in sub12 section (b)— 

13 (1) $25,000,000 for fiscal year 2020; and 

14 (2) $35,000,000 for each of fiscal years 2021 

15 through 2025. 

16 (b) OPERATIONS AND ACTIVITIES DESCRIBED.—The 

17 operations and activities described in this subsection are 

18 the following: 

19 (1) The operations and activities of any depart20 ment or agency of the United States Government 

21 (other than the Department of State) in carrying 

22 out this Act. 

23 (2) The operations and activities of the Depart24 ment of State in support of any other department or 


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1 agency of the United States Government in carrying 

2 out this Act. 

3 (c) NOTIFICATION REQUIREMENT.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), amounts authorized to be appropriated by 

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

7 after the date on which the President notifies the 

8 appropriate committees of Congress of the Presi9 dent’s intention to obligate such funds. 

10 (2) WAIVER.— 

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

12 may waive the notification requirement under 

13 paragraph (1) if the Secretary determines that 

14 such a waiver is in the national security inter15 ests of the United States. 

16 (B) NOTIFICATION REQUIREMENT.—If the 

17 Secretary exercises the authority provided 

18 under subparagraph (A) to waive the notifica19 tion requirement under paragraph (1), the Sec20 retary shall notify the appropriate committees 

21 of Congress of the President’s intention to obli22 gate amounts authorized to be appropriated by 

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

24 later than 3 days after obligating such funds. 

25 (d) TRANSFER AUTHORITY.— 


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

2 transfer funds authorized to be appropriated by sub3 section (a) to any other department or agency of the 

4 United States Government to carry out this Act. 

5 (2) NOTICE REQUIREMENTS.—Any transfer 

6 under this subsection shall not be subject to any re7 programming requirements under law. However, a 

8 notice on any such transfer shall be provided to the 

9 appropriate committees of Congress. 

10 SEC. 304. DEPARTMENT OF THE TREASURY FUNDING. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary of the 

13 Treasury to carry out the operations and activities de14 scribed in subsection (b)— 

15 (1) $25,000,000 for fiscal year 2020; and 

16 (2) $35,000,000 for each of fiscal years 2021 

17 through 2025. 

18 (b) OPERATIONS AND ACTIVITIES DESCRIBED.—The 

19 operations and activities described in this subsection are 

20 the following: 

21 (1) The operations and activities of any depart22 ment or agency of the United States Government 

23 (other than the Department of the Treasury) in car24 rying out this Act. 


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1 (2) The operations and activities of the Depart2 ment of the Treasury in support of any other de3 partment or agency of the United States Govern4 ment in carrying out this Act. 

5 (c) NOTIFICATION REQUIREMENT.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), amounts authorized to be appropriated by 

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

9 after the date on which the President notifies the 

10 appropriate committees of Congress of the Presi11 dent’s intention to obligate such funds. 

12 (2) WAIVER.— 

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

14 Treasury may waive the notification require15 ment under paragraph (1) if the Secretary de16 termines that such a waiver is in the national 

17 security interests of the United States. 

18 (B) NOTIFICATION REQUIREMENT.—If the 

19 Secretary exercises the authority provided 

20 under subparagraph (A) to waive the notifica21 tion requirement under paragraph (1), the Sec22 retary shall notify the appropriate committees 

23 of Congress of the President’s intention to obli24 gate amounts authorized to be appropriated by 


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

2 later than 3 days after obligating such funds. 

3 (d) TRANSFER AUTHORITY.— 

4 (1) IN GENERAL.—The Secretary of the Treas5 ury may transfer funds authorized to be appro6 priated by subsection (a) to any other department or 

7 agency of the United States Government to carry 

8 out this Act. 

9 (2) NOTICE REQUIREMENTS.—Any transfer 

10 under this subsection shall not be subject to any re11 programming requirements under law. However, a 

12 notice on any such transfer shall be provided to the 

13 appropriate committees of Congress. 

14 SEC. 305. APPROPRIATE COMMITTEES OF CONGRESS DE15 FINED. 

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

17 Congress’’ means— 

18 (1) the Committee on Armed Services, the 

19 Committee on Banking, Housing, and Urban Af20 fairs, the Committee on Foreign Relations, the Se21 lect Committee on Intelligence, and the Committee 

22 on Appropriations of the Senate; and 

23 (2) the Committee on Armed Services, the 

24 Committee on Financial Services, the Committee on 

25 Foreign Affairs, the Permanent Select Committee on 


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1 Intelligence, and the Committee on Appropriations 

2 of the House of Representatives. 

Æ 


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