[Congressional Record Volume 165, Number 59 (Thursday, April 4, 2019)]
[Senate]
[Pages S2272-S2278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself, Mr. King, Ms. Smith, and Ms. Sinema):
S. 1036. A bill to expand the use of open textbooks in order to
achieve savings for students and improve textbook price information; to
the Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1036
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 ``Affordable College Textbook
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The high cost of college textbooks continues to be a
barrier for many students in achieving higher education.
(2) According to the College Board, during the 2017-2018
academic year, the average student budget for college books
and supplies at 4-year public institutions of higher
education was $1,240.
(3) The Government Accountability Office found that new
textbook prices increased 82 percent between 2002 and 2012
and that although Federal efforts to increase price
transparency have provided students and families with more
and better information, more must be done to address rising
costs.
(4) The growth of the internet has enabled the creation and
sharing of digital content, including open educational
resources that can be freely used by students, teachers, and
members of the public.
(5) According to the Student PIRGs, expanded use of open
educational resources has the potential to save students more
than a billion dollars annually.
(6) Federal investment in expanding the use of open
educational resources could significantly lower college
textbook costs and reduce financial barriers to higher
education, while making efficient use of taxpayer funds.
(7) Educational materials, including open educational
resources, must be accessible to the widest possible range of
individuals, including those with disabilities.
SEC. 3. OPEN TEXTBOOK GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Open educational resource.--The term ``open educational
resource'' has the meaning given the term in section 133 of
the Higher Education Act of 1965 (20 U.S.C. 1015b).
(3) Open textbook.--The term ``open textbook'' means an
open educational resource or set of open educational
resources that either is a textbook or can be used in place
of a textbook for a postsecondary course at an institution of
higher education.
(4) Relevant faculty.--The term ``relevant faculty'' means
both tenure track and contingent faculty members who may be
involved in the creation or use of open textbooks created as
part of an application under subsection (d).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) Supplemental material.--The term ``supplemental
material'' has the meaning given the term in section 133 of
the Higher Education Act of 1965 (20 U.S.C. 1015b).
(b) Grants Authorized.--From the amounts appropriated under
subsection (k), the Secretary shall make grants, on a
competitive basis, to eligible entities to support projects
that expand the use of open textbooks in order to achieve
savings for students while maintaining or improving
instruction and student learning outcomes.
(c) Eligible Entity.--In this section, the term ``eligible
entity'' means an institution of higher education, a group of
institutions of higher education, or States on behalf of
institutions of higher education.
(d) Applications.--
(1) In general.--Each eligible entity desiring a grant
under this section, after consultation with relevant faculty,
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include a description of the project to be
completed with grant funds and--
(A) a plan for promoting and tracking the use of open
textbooks in postsecondary
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courses offered by the eligible entity, including an estimate
of the projected savings that will be achieved for students;
(B) a plan for evaluating, before creating new open
textbooks, whether existing open textbooks could be used or
adapted for the same purpose;
(C) a plan for quality review and review of accuracy of any
open textbooks to be created or adapted through the grant;
(D) a plan for assessing the impact of open textbooks on
instruction and student learning outcomes at the eligible
entity;
(E) a plan for disseminating information about the results
of the project to institutions of higher education outside of
the eligible entity, including promoting the adoption of any
open textbooks created or adapted through the grant; and
(F) a statement on consultation with relevant faculty,
including those engaged in the creation of open textbooks, in
the development of the application.
(e) Special Consideration.--In awarding grants under this
section, the Secretary shall give special consideration to
applications that demonstrate the greatest potential to--
(1) achieve the highest level of savings for students
through sustainable expanded use of open textbooks in
postsecondary courses offered by the eligible entity;
(2) expand the use of open textbooks at institutions of
higher education outside of the eligible entity; and
(3) produce--
(A) the highest quality open textbooks;
(B) open textbooks that can be most easily utilized and
adapted by faculty members at institutions of higher
education;
(C) open textbooks that correspond to the highest
enrollment courses at institutions of higher education;
(D) open textbooks created or adapted in partnership with
entities within institutions of higher education, including
campus bookstores, that will assist in marketing and
distribution of the open textbook; and
(E) open textbooks that are accessible to students with
disabilities.
(f) Use of Funds.--An eligible entity that receives a grant
under this section shall use the grant funds to carry out any
of the following activities to expand the use of open
textbooks:
(1) Professional development for any faculty and staff
members at institutions of higher education, including the
search for and review of open textbooks.
(2) Creation or adaptation of open textbooks.
(3) Development or improvement of supplemental materials
and informational resources that are necessary to support the
use of open textbooks, including accessible instructional
materials for students with disabilities.
(4) Research evaluating the efficacy of the use of open
textbooks for achieving savings for students and the impact
on instruction and student learning outcomes.
(g) License.--For each open textbook, supplemental
material, or informational resource created or adapted wholly
or in part under this section that constitutes a new
copyrightable work, the eligible entity receiving the grant
shall release such textbook, material, or resource to the
public under a non-exclusive, royalty-free, perpetual, and
irrevocable license to exercise any of the rights under
copyright conditioned only on the requirement that
attribution be given as directed by the copyright owner.
(h) Access and Distribution.--The full and complete digital
content of each open textbook, supplemental material, or
informational resource created or adapted wholly or in part
under this section shall be made available free of charge to
the public--
(1) on an easily accessible and interoperable website,
which shall be identified to the Secretary by the eligible
entity;
(2) in a machine readable, digital format that anyone can
directly download, edit with attribution, and redistribute;
and
(3) in a format that conforms to accessibility standards
under section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d), where feasible.
(i) Report.--Upon an eligible entity's completion of a
project supported under this section, the eligible entity
shall prepare and submit a report to the Secretary
regarding--
(1) the effectiveness of the project in expanding the use
of open textbooks and in achieving savings for students;
(2) the impact of the project on expanding the use of open
textbooks at institutions of higher education outside of the
eligible entity;
(3) open textbooks, supplemental materials, and
informational resources created or adapted wholly or in part
under the grant, including instructions on where the public
can access each educational resource under the terms of
subsection (h);
(4) the impact of the project on instruction and student
learning outcomes; and
(5) all project costs, including the value of any volunteer
labor and institutional capital used for the project.
(j) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall prepare
and submit a report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives
detailing--
(1) the open textbooks, supplemental materials, and
informational resources created or adapted wholly or in part
under this section;
(2) the adoption of such open textbooks, including outside
of the eligible entity;
(3) the savings generated for students, States, and the
Federal Government through projects supported under this
section; and
(4) the impact of projects supported under this section on
instruction and student learning outcomes.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary.
SEC. 4. TEXTBOOK PRICE INFORMATION.
Section 133 of the Higher Education Act of 1965 (20 U.S.C.
1015b) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6) and inserting the following:
``(6) Open educational resource.--The term `open
educational resource' means a teaching, learning, or research
resource that is offered freely to users in at least one form
and that resides in the public domain or has been released
under an open copyright license that allows for its free use,
reuse, modification, and sharing with attribution.''; and
(B) in paragraph (9), by striking ``textbook that'' and all
that follows through the period at the end and inserting
``textbook that may include printed materials, computer
disks, website access, and electronically distributed
materials.'';
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by striking
``or other person or adopting entity in charge of selecting
course materials'' and inserting ``or other person or entity
in charge of selecting or aiding in the discovery and
procurement of course materials''; and
(B) by adding at the end the following:
``(E) Whether the college textbook or supplemental material
is an open educational resource.'';
(3) in subsection (d)--
(A) in the subsection heading, by striking ``ISBN''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``disclose, on the institution's Internet
course schedule and in a manner of the institution's
choosing, the International Standard Book Number and retail
price information'' and inserting ``verify and disclose (on,
or through a link from, the institution's Internet course
schedule and in a manner of the institution's choosing) the
International Standard Book Number and retail price
information'';
(II) by striking ``and retail price'' and inserting ``,
retail price, and any applicable fee'';
(III) by inserting ``, and whether each required and
recommended textbook and supplemental material is an open
educational resource,'' after ``supplemental materials''; and
(IV) by striking ``used for preregistration and
registration purposes''; and
(ii) in subparagraph (B), by striking ``for a college
textbook or supplemental material, then the institution shall
so indicate by placing the designation `To Be Determined' ''
and inserting ``or available for a college textbook or
supplemental material, then the institution shall indicate
the status of such information'';
(4) by striking subsection (e) and inserting the following:
``(e) Availability of Information for College Bookstores.--
``(1) In general.--An institution of higher education
receiving Federal financial assistance shall assist a college
bookstore that is operated by, or in a contractual
relationship or otherwise affiliated with, the institution,
in obtaining required and recommended course materials
information and such course schedule and enrollment
information as is reasonably required to implement this
section so that such bookstore may--
``(A) verify availability of such materials;
``(B) source lower cost options, including presenting lower
cost alternatives to faculty for faculty to consider, when
practicable; and
``(C) maximize the availability of format options for
students.
``(2) Due dates.--In carrying out paragraph (1), an
institution of higher education may establish due dates for
faculty or departments to notify the campus bookstore of
required and recommended course materials.'';
(5) in subsection (f)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5); and
(B) by inserting after paragraph (2) the following:
``(3) available open educational resources;''; and
(6) by striking subsection (g) and redesignating
subsections (h) and (i) as subsections (g) and (h),
respectively.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that institutions of higher
education should encourage the consideration of open
textbooks by faculty within the generally accepted principles
of academic freedom that establishes the right and
responsibility of faculty members, individually and
collectively, to select course materials that are
pedagogically most appropriate for their classes.
SEC. 6. GAO REPORT.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall
prepare and submit a report to the Committee on Health,
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Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives on the cost of textbooks to students at
institutions of higher education. The report shall
particularly examine--
(1) the implementation of section 133 of the Higher
Education Act of 1965 (20 U.S.C. 1015b), as amended by
section 4, including--
(A) the availability of college textbook and open
educational resource information on course schedules;
(B) the compliance of publishers with applicable
requirements under such section; and
(C) the costs and benefits to institutions of higher
education and to students;
(2) the change in the cost of textbooks;
(3) the factors, including open textbooks, that have
contributed to the change of the cost of textbooks;
(4) the extent to which open textbooks are used at
institutions of higher education; and
(5) how institutions are tracking the impact of open
textbooks on instruction and student learning outcomes.
______
By Mr. SCHUMER (for himself, Mr. Cotton, Mr. Brown, Mr. Rubio,
Mr. Menendez, Mrs. Shaheen, and Mr. Toomey):
S. 1044. A bill to impose sanctions with respect to foreign
traffickers of illicit opioids, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1044
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.
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 though 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
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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
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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 relating to importation of goods.--The
authority to impose sanctions under subsection (a)(6) shall
not include the authority to impose sanctions on the
importation of goods.
(3) 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.
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
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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 than 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
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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.
____________________