[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2226 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fentanyl Sanctions
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
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.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Centers for Disease Control and Prevention estimate
that from June 2017 through June 2018 more than 48,000 people
in the United States died from an opioid overdose, with
synthetic opioids (excluding methadone), contributing to a
record 31,500 overdose deaths. While drug overdose deaths from
methadone, semi-synthetic opioids, and heroin have decreased in
recent months, overdose deaths from synthetic opioids have
continued to increase.
(2) The objective of preventing the proliferation of
synthetic opioids through existing multilateral and bilateral
initiatives requires additional efforts to deny illicit actors
the financial means to sustain their markets and distribution
networks.
(3) The People's Republic of China is the world's largest
producer of illicit fentanyl, fentanyl analogues, and their
immediate precursors. From the People's Republic of China,
those substances are shipped primarily through express
consignment carriers or international mail directly to the
United States, or, alternatively, shipped directly to
transnational criminal organizations in Mexico, Canada, and the
Caribbean.
(4) In 2015, Mexican heroin accounted for 93 percent of the
total weight of heroin seized in the United States, transported
to the United States by transnational criminal organizations
that maintain territorial influence over large regions in
Mexico and remain the greatest criminal drug threat to the
United States.
(5) The United States and the People's Republic of China,
Mexico, and Canada have made important strides in combating the
illicit flow of opioids through bilateral efforts of their
respective law enforcement agencies.
(6) Insufficient regulation of synthetic opioid production
and export and insufficient law enforcement efforts to combat
opioid trafficking in the People's Republic of China and Mexico
continue to contribute to a flood of opioids into the United
States.
(7) While the Department of the Treasury used the Foreign
Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to
sanction the first synthetic opioid trafficking entity in April
2018, precision economic and financial sanctions policy tools
are needed to address the flow of synthetic opioids.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should apply economic and other
financial sanctions to foreign traffickers of illicit opioids
to protect the national security, foreign policy, and economy
of the United States; and
(2) it is imperative that the People's Republic of China
follow through on the commitments it made to the United States
on December 6, 2018, through the Group of Twenty--
(A) to schedule the entire category of fentanyl-
type substances as controlled substances; and
(B) to change its national and provincial laws and
increase provincial law enforcement efforts to
prosecute traffickers of fentanyl substances.
SEC. 4. DEFINITIONS.
In this Act:
(1) Alien; national; national of the united states.--The
terms ``alien'', ``national'', and ``national of the United
States'' have the meanings given those terms in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, the Select Committee on Intelligence, and
the majority leader and the minority leader of the
Senate; and
(B) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign
Affairs, the Committee on Homeland Security, the
Committee on the Judiciary, the Permanent Select
Committee on Intelligence, and the Speaker and the
minority leader of the House of Representatives.
(3) Controlled substance; listed chemical.--The terms
``controlled substance'', ``listed chemical'', ``narcotic
drug'', and ``opioid'' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(4) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network,
group, or subgroup, or any form of business collaboration.
(5) Foreign opioid trafficker.--The term ``foreign opioid
trafficker'' means any foreign person that the President
determines plays a significant role in opioid trafficking.
(6) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign
country; or
(ii) any entity not organized under the
laws of the United States or a jurisdiction
within the United States; and
(B) does not include the government of a foreign
country.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Opioid trafficking.--The term ``opioid trafficking''
means any illicit activity--
(A) to cultivate, produce, manufacture, distribute,
sell, or knowingly finance or transport illicit
opioids, controlled substances that are opioids, listed
chemicals that are opioids, or active pharmaceutical
ingredients or chemicals that are used in the
production of controlled substances that are opioids;
(B) to attempt to carry out an activity described
in subparagraph (A); or
(C) to assist, abet, conspire, or collude with
other persons to carry out such an activity.
(9) Person.--The term ``person'' means an individual or
entity.
(10) United states person.--The term ``United States
person'' means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent
residence in the United States;
(C) any entity organized under the laws of the
United States or any jurisdiction within the United
States (including a foreign branch of such an entity);
or
(D) any person located in the United States.
TITLE I--SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS
SEC. 101. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.
(a) Public Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report--
(A) identifying the foreign persons that the
President determines are foreign opioid traffickers;
(B) detailing progress the President has made in
implementing this title; and
(C) providing an update on cooperative efforts with
the Governments of Mexico and the People's Republic of
China with respect to combating foreign opioid
traffickers.
(2) Identification of additional persons.--If, at any time
after submitting a report required by paragraph (1) and before
the submission of the next such report, the President
determines that a foreign person not identified in the report
is a foreign opioid trafficker, the President shall submit to
the appropriate congressional committees and leadership an
additional report containing the information required by
paragraph (1) with respect to the foreign person.
(3) Exclusion.--The President shall not be required to
include in a report under paragraph (1) or (2) any persons with
respect to which the United States has imposed sanctions before
the date of the report under this title or any other provision
of law with respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by paragraph
(1) or (2) shall be submitted in unclassified form but
may include a classified annex.
(B) Availability to public.--The unclassified
portion of a report required by paragraph (1) or (2)
shall be made available to the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report, in classified form--
(A) describing in detail the status of sanctions
imposed under this title, including the personnel and
resources directed toward the imposition of such
sanctions during the preceding fiscal year;
(B) providing background information with respect
to persons newly identified as foreign opioid
traffickers and their illicit activities;
(C) describing actions the President intends to
undertake or has undertaken to implement this title;
and
(D) providing a strategy for identifying additional
foreign opioid traffickers.
(2) Effect on other reporting requirements.--The report
required by paragraph (1) is in addition to the obligations of
the President to keep Congress fully and currently informed
pursuant to the provisions of the National Security Act of 1947
(50 U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter until the date
that is 5 years after such date of enactment, the President shall
submit the reports required by subsections (a) and (b) to the
appropriate congressional committees and leadership.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of
this section, a report required by subsection (a) or (b) shall
not disclose the identity of any person if the Director of
National Intelligence determines that such disclosure could
compromise an intelligence operation, activity, source, or
method of the United States.
(2) Law enforcement.--Notwithstanding any other provision
of this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Attorney
General, in coordination, as appropriate, with the Director of
the Federal Bureau of Investigation, the Administrator of the
Drug Enforcement Administration, the head of any other
appropriate Federal law enforcement agency, and the Secretary
of the Treasury, determines that such disclosure could
reasonably be expected--
(A) to compromise the identity of a confidential
source, including a State, local, or foreign agency or
authority or any private institution that furnished
information on a confidential basis;
(B) to jeopardize the integrity or success of an
ongoing criminal investigation or prosecution;
(C) to endanger the life or physical safety of any
person; or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2), the
Director or the Attorney General, as the case may be, shall
notify the appropriate congressional committees and leadership
of the determination and the reasons for the determination.
(e) Provision of Information Required for Reports.--The Secretary
of the Treasury, the Attorney General, the Secretary of Defense, the
Secretary of State, the Secretary of Homeland Security, and the
Director of National Intelligence shall consult among themselves and
provide to the President and the Director of the Office of National
Drug Control Policy the appropriate and necessary information to enable
the President to submit the reports required by subsection (a).
SEC. 102. SENSE OF CONGRESS AND REPORTING ON INTERNATIONAL OPIOID
CONTROL REGIME.
(a) Sense of Congress.--It is the sense of Congress that, in order
to apply economic and other financial sanctions to foreign traffickers
of illicit opioids to protect the national security, foreign policy,
and economy of the United States--
(1) the President should instruct the Secretary of State to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, the Group of
Seven, the Group of Twenty, trilaterally and bilaterally with
partners of the United States, to establish a multilateral
sanctions regime against foreign opioid traffickers; and
(2) the Secretary of State, in consultation with the
Secretary of the Treasury, may consider forming a new coalition
of countries to establish a multilateral sanctions regime
against foreign opioid traffickers if certain countries in
existing multilateral fora fail to cooperate with respect to
establishing such a regime.
(b) Reports to Congress.--
(1) In general.--The President shall include, in each
report required by section 101(b), an assessment conducted by
the Secretary of State, in consultation with the Secretary of
the Treasury, of the extent to which any diplomatic efforts
described in subsection (a) have been successful.
(2) Elements.--Each assessment required by paragraph (1)
shall include an identification of--
(A) the countries the governments of which have
agreed to undertake measures to apply economic or other
financial sanctions to foreign traffickers of illicit
opioids and a description of those measures; and
(B) the countries the governments of which have not
agreed to measures described in subparagraph (A), and,
with respect to those countries, other measures the
Secretary of State recommends that the United States
take to apply economic and other financial sanctions to
foreign traffickers of illicit opioids.
SEC. 103. IMPOSITION OF SANCTIONS.
The President shall impose 5 or more of the sanctions described in
section 104 with respect to each foreign person that is an entity, and
4 or more of such sanctions with respect to each foreign person that is
an individual, that--
(1) is identified as a foreign opioid trafficker in a
report submitted under section 101(a); or
(2) the President determines is owned, controlled, directed
by, supplying or sourcing precursors for, or acting for or on
behalf of, such a foreign opioid trafficker.
SEC. 104. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with respect to
a foreign person under section 103 are the following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits to
the foreign person.
(2) Prohibitions on financial institutions.--The following
prohibitions may be imposed with respect to a foreign person
that is a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, the financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--The financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as one sanction for purposes of section 103,
and the imposition of both such sanctions shall be treated as 2
sanctions for purposes of that section.
(3) Procurement ban.--The United States Government may not
procure, or enter into any contract for the procurement of, any
goods or services from the foreign person.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(5) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the foreign
person.
(6) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, importing, or
exporting any property that is subject to the
jurisdiction of the United States and with respect to
which the foreign person has any interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(7) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of the foreign person.
(8) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, the foreign person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign person, or on individuals performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions described in paragraphs (1)
through (8) that are applicable.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of any regulation, license,
or order issued to carry out subsection (a) shall be subject to the
penalties set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to the
same extent as a person that commits an unlawful act described in
subsection (a) of that section.
(c) Exceptions.--
(1) Intelligence activities.--Sanctions under this section
shall not apply with respect to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or to any authorized
intelligence activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (a)(8) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967, or other
applicable international obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
SEC. 105. WAIVERS.
(a) Waiver for State-Owned Financial Institutions in Countries That
Cooperate in Multilateral Anti-Trafficking Efforts.--
(1) In general.--The President may, on a case-by-case
basis, waive for a period of not more than 12 months the
application of sanctions under this title with respect to a
financial institution that is owned or controlled, directly or
indirectly, by a foreign government or any political
subdivision, agency, or instrumentality of a foreign
government, if the President, not less than 30 days before the
waiver is to take effect, certifies to the appropriate
congressional committees and leadership that the foreign
government is closely cooperating with the United States in
efforts to prevent opioid trafficking.
(2) Certification.--The President may certify under
paragraph (1) that a foreign government is closely cooperating
with the United States in efforts to prevent opioid trafficking
if that government is--
(A) implementing domestic laws to schedule all
fentanyl analogues as controlled substances; and
(B) doing 2 or more of the following:
(i) Implementing substantial improvements
in regulations involving the chemical and
pharmaceutical production and export of illicit
opioids.
(ii) Implementing substantial improvements
in judicial regulations to combat transnational
criminal organizations that traffic opioids.
(iii) Increasing efforts to prosecute
foreign opioid traffickers.
(iv) Increasing intelligence sharing and
law enforcement cooperation with the United
States with respect to opioid trafficking.
(3) Subsequent renewal of waiver.--The President may renew
a waiver under paragraph (1) for subsequent periods of not more
than 6 months each if, not less than 30 days before the renewal
is to take effect, the Director of National Intelligence
certifies to the appropriate congressional committees and
leadership that the government of the country to which the
waiver applies has effectively implemented and is effectively
enforcing the measures that formed the basis for the
certification under paragraph (2).
(b) Waivers for National Security and Access to Prescription
Medications.--
(1) In general.--The President may waive the application of
sanctions under this title with respect to a person if the
President determines that the application of such sanctions
with respect to that person would significantly harm--
(A) the national security of the United States; or
(B) subject to paragraph (2), the access of United
States persons to prescription medications.
(2) Monitoring.--The President shall establish a monitoring
program to verify that a person receiving a waiver under
paragraph (1)(B) is not trafficking illicit opioids.
(3) Notification.--Not later than 21 days after making a
determination under paragraph (1) with respect to a person, the
President shall notify the appropriate congressional committees
and leadership of the determination and the reasons for the
determination.
(c) Humanitarian Waiver.--The President may waive, for renewable
periods of 180 days, the application of the sanctions under this title
if the President certifies to the appropriate congressional committees
and leadership that the waiver is necessary for the provision of
humanitarian assistance.
SEC. 106. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION.
(a) In General.--If a finding under this title, or a prohibition,
condition, or penalty imposed as a result of any such finding, is based
on classified information (as defined in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App.)) and a court reviews the
finding or the imposition of the prohibition, condition, or penalty,
the President may submit such information to the court ex parte and in
camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of any
finding under this title, or any prohibition, condition, or penalty
imposed as a result of any such finding.
SEC. 107. BRIEFINGS ON IMPLEMENTATION.
Not later than 90 days after the date of the enactment of the
Fentanyl Sanctions Act, and every 180 days thereafter until the date
that is 5 years after such date of enactment, the President, acting
through the Secretary of State, in coordination with the Secretary of
the Treasury, shall provide to the appropriate congressional committees
and leadership a comprehensive briefing on efforts to implement this
title.
SEC. 108. EXCEPTION RELATING TO IMPORTATION OF GOODS.
The authority to impose sanctions under this title shall not
include the authority to impose sanctions on the importation of goods.
TITLE II--COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING
SEC. 201. COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established a commission to
develop a consensus on a strategic approach to combating the
flow of synthetic opioids into the United States.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``Commission on Synthetic
Opioid Trafficking'' (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Administrator of the Drug
Enforcement Administration.
(ii) The Secretary of Homeland Security.
(iii) The Secretary of Defense.
(iv) The Secretary of the Treasury.
(v) The Secretary of State.
(vi) Two members appointed by the majority
leader of the Senate, one of whom shall be a
Member of the Senate and one of whom shall not
be.
(vii) Two members appointed by the minority
leader of the Senate, one of whom shall be a
Member of the Senate and one of whom shall not
be.
(viii) Two members appointed by the Speaker
of the House of Representatives, one of whom
shall be a Member of the House of
Representatives and one of whom shall not be.
(ix) Two members appointed by the minority
leader of the House of Representatives, one of
whom shall be a Member of the House of
Representatives and one of whom shall not be.
(B)(i) The members of the Commission who are not
Members of Congress and who are appointed under clauses
(vi) through (ix) of subparagraph (A) shall be
individuals who are nationally recognized for
expertise, knowledge, or experience in--
(I) transnational criminal organizations
conducting synthetic opioid trafficking;
(II) the production, manufacturing,
distribution, sale, or transportation of
synthetic opioids; or
(III) relations between--
(aa) the United States; and
(bb) the People's Republic of
China, Mexico, or any other country of
concern with respect to trafficking in
synthetic opioids.
(ii) An official who appoints members of the
Commission may not appoint an individual as a member of
the Commission if the individual possesses any personal
or financial interest in the discharge of any of the
duties of the Commission.
(iii)(I) All members of the Commission described in
clause (i) shall possess an appropriate security
clearance in accordance with applicable provisions of
law concerning the handling of classified information.
(II) For the purpose of facilitating the activities
of the Commission, the Director of National
Intelligence shall expedite to the fullest degree
possible the processing of security clearances that are
necessary for members of the Commission.
(2) Co-chairs.--
(A) In general.--The Commission shall have 2 co-
chairs, selected from among the members of the
Commission, one of whom shall be a member of the
majority party and one of whom shall be a member of the
minority party.
(B) Selection.--The individuals who serve as the
co-chairs of the Commission shall be jointly agreed
upon by the President, the majority leader of the
Senate, the minority leader of the Senate, the Speaker
of the House of Representatives, and the minority
leader of the House of Representatives.
(c) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach described in subsection (a)(1).
(2) To weigh the costs and benefits of various strategic
options to combat the flow of synthetic opioids from the
People's Republic of China, Mexico, and other countries.
(3) To evaluate whether the options described in paragraph
(2) are exclusive or complementary, the best means for
executing such options, and how the United States should
incorporate and implement such options within the strategic
approach described in subsection (a)(1).
(4) To review and make determinations on the difficult
choices present within such options, among them what norms-
based regimes the United States should seek to establish to
encourage the effective regulation of dangerous synthetic
opioids.
(5) To report on efforts by actors in the People's Republic
of China to subvert United States laws and to supply illicit
synthetic opioids to persons in the United States, including
up-to-date estimates of the scale of illicit synthetic opioids
flows from the People's Republic of China.
(6) To report on the deficiencies in the regulation of
pharmaceutical and chemical production of controlled substances
and export controls with respect to such substances in the
People's Republic of China and other countries that allow
opioid traffickers to subvert such regulations and controls to
traffic illicit opioids into the United States.
(7) To report on the scale of contaminated or counterfeit
drugs originating from the People's Republic of China and
India.
(8) To report on how the United States could work more
effectively with provincial and local officials in the People's
Republic of China and other countries to combat the illicit
production of synthetic opioids.
(9) In weighing the options for defending the United States
against the dangers of trafficking in synthetic opioids, to
consider possible structures and authorities that need to be
established, revised, or augmented within the Federal
Government.
(d) Functioning of Commission.--The provisions of subsections (c),
(d), (e), (g), (h), (i), and (m) of section 1652 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) shall apply to the Commission to the same extent and in the
same manner as such provisions apply to the commission established
under that section, except that--
(1) subsection (c)(1) of that section shall be applied and
administered by substituting ``30 days'' for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be applied
and administered by inserting ``and the Attorney General''
after ``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that section
shall be applied and administered by substituting ``level V of
the Executive Schedule under section 5316'' for ``level IV of
the Executive Schedule under section 5315''.
(e) Treatment of Information Relating to National Security.--
(1) Responsibility of director of national intelligence.--
The Director of National Intelligence shall assume
responsibility for the handling and disposition of any
information related to the national security of the United
States that is received, considered, or used by the Commission
under this section.
(2) Information provided by congress.--Any information
related to the national security of the United States that is
provided to the Commission by the appropriate congressional
committees and leadership may not be further provided or
released without the approval of the chairperson of the
committee, or the Member of Congress, as the case may be, that
provided the information to the Commission.
(3) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (h), only the
members and designated staff of the appropriate congressional
committees and leadership, the Director of National
Intelligence (and the designees of the Director), and such
other officials of the executive branch as the President may
designate shall have access to information related to the
national security of the United States that is received,
considered, or used by the Commission.
(f) Reports.--The Commission shall submit to the appropriate
congressional committees and leadership--
(1) not later than 270 days after the date of the enactment
of this Act, an initial report on the activities and
recommendations of the Commission under this section; and
(2) not later than 270 days after the submission of the
initial report under paragraph (1), a final report on the
activities and recommendations of the Commission under this
section.
(g) Limitation on Funding.--Of amounts made available under
sections 302, 303, and 304 to carry out this Act, not more than
$5,000,000 shall be available to the Commission in any of fiscal years
2020 through 2025.
(h) Termination.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day period
beginning on the date on which the final report required by
subsection (f)(2) is submitted to the appropriate congressional
committees and leadership.
(2) Winding up of affairs.--The Commission may use the 120-
day period described in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(f)(2) and disseminating the report.
TITLE III--OTHER MATTERS
SEC. 301. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE OF
INTELLIGENCE RESOURCES IN EFFORTS TO SANCTION FOREIGN
OPIOID TRAFFICKERS.
(a) Program Required.--
(1) In general.--The Director of National Intelligence
shall, with the concurrence of the Director of the Office of
National Drug Control Policy, carry out a program to allocate
and enhance use of resources of the intelligence community,
including intelligence collection and analysis, to assist the
Secretary of the Treasury and the Administrator of the Drug
Enforcement Administration in efforts to identify and impose
sanctions with respect to foreign opioid traffickers under
title I.
(2) Focus on illicit finance.--To the extent practicable,
efforts described in paragraph (1) shall--
(A) take into account specific illicit finance
risks related to narcotics trafficking; and
(B) be developed in consultation with the
Undersecretary of the Treasury for Terrorism and
Financial Crimes, appropriate officials of the Office
of Intelligence and Analysis of the Department of the
Treasury, the Director of the Financial Crimes
Enforcement Network, and appropriate Federal law
enforcement agencies.
(b) Review of Counternarcotics Efforts of the Intelligence
Community.--The Director of National Intelligence shall, in
coordination with the Director of the Office of National Drug Control
Policy, carry out a comprehensive review of the current intelligence
collection priorities of the intelligence community for
counternarcotics purposes in order to identify whether such priorities
are appropriate and sufficient in light of the number of lives lost in
the United States each year due to use of illegal drugs.
(c) Reports.--
(1) Quarterly reports on program.--Not later than 90 days
after the date of the enactment of this Act, and every 90 days
thereafter, the Director of National Intelligence and the
Director of the Office of National Drug Control Policy shall
jointly submit to the appropriate congressional committees and
leadership a report on the status and accomplishments of the
program required by subsection (a) during the 90-day period
ending on the date of the report. The first report under this
paragraph shall also include a description of the amount of
funds devoted by the intelligence community to the efforts
described in subsection (a) during each of fiscal years 2017
and 2018.
(2) Report on review.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Director of the Office of National Drug
Control Policy shall jointly submit to the appropriate
congressional committees and leadership a comprehensive
description of the results of the review required by subsection
(b), including whether the priorities described in that
subsection are appropriate and sufficient in light of the
number of lives lost in the United States each year due to use
of illegal drugs. If the report concludes that such priorities
are not so appropriate and sufficient, the report shall also
include a description of the actions to be taken to modify such
priorities in order to assure that such priorities are so
appropriate and sufficient.
(d) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 302. DEPARTMENT OF DEFENSE FUNDING.
(a) Source of Funds.--Subject to subsection (b), amounts authorized
to be appropriated for each of fiscal years 2020 through 2025 for the
Department of Defense for operation and maintenance shall be available
for operations and activities described in subsection (c).
(b) Limitation on Amount Available.--
(1) In general.--Subject to paragraph (2), the amount
available under subsection (a) in a fiscal year to carry out
operations and activities described in subsection (c) may not
exceed the following:
(A) In fiscal year 2020, $25,000,000.
(B) In each of fiscal years 2021 through 2025,
$35,000,000.
(2) Exclusion of funds for us southcom from limitation.--
Amounts authorized to be appropriated for a fiscal year for
operation and maintenance and available for such fiscal year
for the United States Southern Command for operations and
activities described in subsection (c)(2) shall not count
toward the limitation applicable to such fiscal year under
paragraph (1).
(c) Operations and Activities.--The operations and activities
described in this subsection are the following:
(1) The operations and activities of any department or
agency of the United States Government (other than the
Department of Defense) in carrying out this Act.
(2) The operations and activities of the Department of
Defense in support of any other department or agency of the
United States Government in carrying out this Act.
(d) Transfer Authority.--
(1) In general.--The Secretary of Defense may transfer
funds authorized to be appropriated for the Department of
Defense as described in subsection (a) to any other department
or agency of the United States Government to carry out this
Act.
(2) Notice requirements.--Any transfer under this
subsection shall not be subject to any reprogramming
requirements under law. However, a notice on any such transfer
shall be provided to the appropriate committees of Congress.
(3) Inapplicability of transfer limitations.--Any transfer
under this subsection in a fiscal year shall not count toward
or apply against any limitation on amounts transferrable by the
Department of Defense in such fiscal year, including any
limitation specified in an annual defense authorization Act for
such fiscal year.
SEC. 303. DEPARTMENT OF STATE FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State to carry out the operations and
activities described in subsection (b)--
(1) $25,000,000 for fiscal year 2020; and
(2) $35,000,000 for each of fiscal years 2021 through 2025.
(b) Operations and Activities Described.--The operations and
activities described in this subsection are the following:
(1) The operations and activities of any department or
agency of the United States Government (other than the
Department of State) in carrying out this Act.
(2) The operations and activities of the Department of
State in support of any other department or agency of the
United States Government in carrying out this Act.
(c) Notification Requirement.--
(1) In general.--Except as provided in paragraph (2),
amounts authorized to be appropriated by subsection (a) may not
be obligated until 15 days after the date on which the
President notifies the appropriate committees of Congress of
the President's intention to obligate such funds.
(2) Waiver.--
(A) In general.--The Secretary of State may waive
the notification requirement under paragraph (1) if the
Secretary determines that such a waiver is in the
national security interests of the United States.
(B) Notification requirement.--If the Secretary
exercises the authority provided under subparagraph (A)
to waive the notification requirement under paragraph
(1), the Secretary shall notify the appropriate
committees of Congress of the President's intention to
obligate amounts authorized to be appropriated by
subsection (a) as soon as practicable, but not later
than 3 days after obligating such funds.
(d) Transfer Authority.--
(1) In general.--The Secretary of State may transfer funds
authorized to be appropriated by subsection (a) to any other
department or agency of the United States Government to carry
out this Act.
(2) Notice requirements.--Any transfer under this
subsection shall not be subject to any reprogramming
requirements under law. However, a notice on any such transfer
shall be provided to the appropriate committees of Congress.
SEC. 304. DEPARTMENT OF THE TREASURY FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Treasury to carry out the
operations and activities described in subsection (b)--
(1) $25,000,000 for fiscal year 2020; and
(2) $35,000,000 for each of fiscal years 2021 through 2025.
(b) Operations and Activities Described.--The operations and
activities described in this subsection are the following:
(1) The operations and activities of any department or
agency of the United States Government (other than the
Department of the Treasury) in carrying out this Act.
(2) The operations and activities of the Department of the
Treasury in support of any other department or agency of the
United States Government in carrying out this Act.
(c) Notification Requirement.--
(1) In general.--Except as provided in paragraph (2),
amounts authorized to be appropriated by subsection (a) may not
be obligated until 15 days after the date on which the
President notifies the appropriate committees of Congress of
the President's intention to obligate such funds.
(2) Waiver.--
(A) In general.--The Secretary of the Treasury may
waive the notification requirement under paragraph (1)
if the Secretary determines that such a waiver is in
the national security interests of the United States.
(B) Notification requirement.--If the Secretary
exercises the authority provided under subparagraph (A)
to waive the notification requirement under paragraph
(1), the Secretary shall notify the appropriate
committees of Congress of the President's intention to
obligate amounts authorized to be appropriated by
subsection (a) as soon as practicable, but not later
than 3 days after obligating such funds.
(d) Transfer Authority.--
(1) In general.--The Secretary of the Treasury may transfer
funds authorized to be appropriated by subsection (a) to any
other department or agency of the United States Government to
carry out this Act.
(2) Notice requirements.--Any transfer under this
subsection shall not be subject to any reprogramming
requirements under law. However, a notice on any such transfer
shall be provided to the appropriate committees of Congress.
SEC. 305. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this title, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
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