[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2323 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2323
To require the screening of 100 percent of international mail and
express cargo inbound into the United States from high-risk countries
to detect and prevent the importation of illicit fentanyl and other
illicit synthetic opioids, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2019
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the screening of 100 percent of international mail and
express cargo inbound into the United States from high-risk countries
to detect and prevent the importation of illicit fentanyl and other
illicit synthetic 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.
This Act may be cited as the ``Screening All Fentanyl-Enhanced Mail
Act of 2019'' or the ``SAFE Mail Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States continues to experience an epidemic
of overdoses of fentanyl, heroin, and prescription opioids that
claimed more than 49,000 lives in 2017.
(2) Fentanyl is a synthetic opioid that depresses central
nervous system and respiratory function, with euphoric effects
that may be more powerful than the euphoric effects of heroin
or morphine.
(3) The effect of fentanyl can be up to 50 times stronger
than the effect of heroin, and 50 to 100 times stronger than
the effect of morphine.
(4) Although pharmaceutical fentanyl can be diverted for
misuse, most fentanyl deaths are believed to be linked to
illicit fentanyl.
(5) Across the United States, the use of illicit fentanyl
and deaths related to that use are rising at alarming rates.
(6) According to the Centers for Disease Control and
Prevention, between 2016 and 2017, the rate of drug overdose
deaths involving synthetic opioids--largely fentanyl--increased
by 45 percent.
(7) In 2017, more than 28,000 deaths involving synthetic
opioids--largely fentanyl--occurred in the United States,
outnumbering deaths from any other type of opioid. According to
preliminary data from the Centers for Disease Control and
Prevention, that figure increased to nearly 32,000 deaths in
2018.
(8) Depending on the route of administration and other
factors, as little as 2 milligrams of illicit fentanyl (similar
in size to a few grains of salt) can be fatal.
(9) Fentanyl is the primary synthetic opioid available in
the United States.
(10) The internet has significantly increased the
availability of illicit fentanyl and other illicit synthetic
opioids in the United States. Those drugs are widely advertised
for sale, and are available for purchase, on the open and dark
web.
(11) Most illicit fentanyl trafficked into the United
States originates in the People's Republic of China and is
transported into the United States in parcel packages directly
from the People's Republic of China or from the People's
Republic of China through Canada.
(12) Fentanyl arriving in the mail directly from the
People's Republic of China can have exceptionally high
purities--over 90 percent--posing a great risk to the purchaser
and user, and allowing it to be adulterated many more times and
turned into larger amounts for sale and use.
(13) As the designated postal operator in the United
States, the United States Postal Service accepts and delivers
inbound international mail on behalf of designated postal
operators around the world.
(14) Express consignment operators accept items from
customers in foreign countries and transport and deliver those
items in the United States.
(15) U.S. Customs and Border Protection inspects mail and
express cargo arriving in the United States and seizes illegal
goods, including those that may pose threats to health and
safety, ecology, and businesses in the United States.
(16) U.S. Customs and Border Protection is able to screen
only a tiny fraction of all inbound international mail and
express cargo into the United States, contributing to the
influx of illicit fentanyl that is causing tens of thousands of
deaths in the United States annually.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) in order to save potentially tens of thousands of lives
in the United States annually, the Federal Government must make
it a high priority to stem the flow of illicit fentanyl into
the United States through increased detection and interception
of inbound international mail and express cargo; and
(2) the Federal Government must resolve to achieve the
automated screening of 100 percent of international mail and
express cargo inbound into the United States from high-risk
countries for illicit fentanyl and other illicit synthetic
opioids.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate.
(2) Express cargo.--The term ``express cargo'' has the
meaning given the term ``cargo'' in section 128.1 of title 19,
Code of Federal Regulations (or any corresponding similar
regulation or ruling).
(3) High-risk country.--The term ``high-risk country''
means a country identified by the Secretary, in consultation
with the officials specified in section 5(b), as a country that
poses a high risk of being the source of international mail and
express cargo inbound into the United States containing illicit
fentanyl and other illicit synthetic opioids.
(4) Illicit fentanyl.--The term ``illicit fentanyl'' means
illicitly manufactured fentanyl and illicit versions of
chemically similar compounds known as fentanyl analogues.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 5. DEVELOPMENT OF TECHNOLOGY TO DETECT ILLICIT FENTANYL AND OTHER
ILLICIT SYNTHETIC OPIOIDS IN INTERNATIONAL MAIL AND
EXPRESS CARGO.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary, in coordination with the
officials specified in subsection (b), shall carry out and complete a
program of research and development of technology that, when fully
deployed, will automate the detection of illicit fentanyl and other
illicit synthetic opioids in 100 percent of international mail and
express cargo inbound into the United States from high-risk countries.
(b) Officials Specified.--The officials specified in this
subsection are the following:
(1) The Commissioner of U.S. Customs and Border Protection.
(2) The Chief Postal Inspector for the United States Postal
Inspection Service.
(3) The Director of the Office of National Drug Control
Policy.
(4) The Administrator of the Drug Enforcement
Administration.
(5) The heads of such other government agencies and private
sector entities as the Secretary considers appropriate.
(c) Program Elements.--To the extent the Secretary considers
appropriate, the program required by subsection (a) may incorporate by
reference, and rely on, any and all aspects of the Opioid Detection
Challenge conducted by the Science and Technology Directorate of the
Department of Homeland Security, U.S. Customs and Border Protection,
the United States Postal Inspection Service, and the Office of National
Drug Control Policy, including its findings and results.
SEC. 6. 100 PERCENT SCREENING OF ILLICIT FENTANYL AND OTHER ILLICIT
SYNTHETIC OPIOIDS IN INBOUND INTERNATIONAL MAIL AND
EXPRESS CARGO FROM HIGH-RISK COUNTRIES.
(a) In General.--Not later than 5 years after the date of the
enactment of this Act, the Secretary shall implement an automated
system to screen 100 percent of international mail and express cargo
inbound into the United States from high-risk countries to detect, and
prevent the importation into the United States of, illicit fentanyl and
other illicit synthetic opioids.
(b) Requirements.--In developing the system required by subsection
(a), the Secretary shall--
(1) develop an automated, nonintrusive method of detecting
illicit fentanyl and other illicit synthetic opioids in
international mail and express cargo inbound into the United
States that does not unreasonably delay delivery of such mail
and cargo;
(2) approve the use of appropriate equipment, technology,
procedures, personnel, and methods for conducting screening of
such mail and cargo under the system; and
(3) provide for the phased implementation of the system so
that--
(A) not later than 18 months after the completion
of the research and development program required by
section 5(a), 50 percent of such mail and cargo shall
be screened under the system; and
(B) not later than 3 years after the completion of
that program, 100 percent of such mail and cargo shall
be screened under the system.
(c) Regulations.--
(1) Interim final rule.--The Secretary may issue an interim
final rule as a temporary regulation to implement this section
without regard to the provisions of chapter 5 of title 5,
United States Code.
(2) Final rule.--
(A) In general.--If the Secretary issues an interim
final rule under paragraph (1), the Secretary shall
issue, not later than one year after the effective date
of the interim final rule, a final rule as a permanent
regulation to implement this section in accordance with
the provisions of chapter 5 of title 5, United States
Code.
(B) Failure to act.--If the Secretary does not
issue a final rule in accordance with subparagraph (A)
on or before the last day of the one-year period
referred to in that subparagraph, the Secretary shall,
not later than 10 days after such last day and every 30
days thereafter until the Secretary issues such a final
rule, submit to the appropriate congressional
committees a report--
(i) explaining why the final rule was not
timely issued; and
(ii) providing an estimate of the earliest
date on which the Secretary will be able to
issue the final rule.
(C) Superceding of interim final rule.--The final
rule issued in accordance with this paragraph shall
supersede the interim final rule issued under paragraph
(1).
(d) Report Required.--Not later than one year after the date on
which the system required by subsection (a) is fully implemented, the
Secretary shall submit to the appropriate congressional committees a
report that describes the system.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
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