[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Pages S3683-S3687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 658. Mr. COTTON (for himself, Mr. Schumer, Mr. Crapo, Mr. Brown,
Mr. Rubio, Mr. Menendez, Mrs. Shaheen, Mr. Toomey, Mr. Cornyn, Mrs.
Capito, Mr. Peters, Mr. Markey, Mrs. Feinstein, and Mrs. Blackburn)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) The Centers for Disease Control and Prevention estimate
that from September 2017 through September 2018 more than
48,200 people in the United States died from an opioid
overdose, with synthetic opioids (excluding methadone),
contributing to a record 31,900 overdose deaths. While drug
overdose death estimates from methadone, semi-synthetic
opioids, and heroin have decreased in recent months, overdose
deaths from synthetic opioids have continued to increase.
(2) Congress and the President have taken a number of
actions to combat the demand for illicit opioids in the
United States, including enacting into law the SUPPORT for
Patients and Communities Act (Public Law 115-271; 132 Stat.
3894). While new statutes and regulations have reduced the
rate of opioid prescriptions in recent years, fully
addressing the United States opioid crisis will involve
dramatically restricting the foreign supply of illicit
opioids.
(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) 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.
(5) The objective of preventing the proliferation of
illicit opioids though existing multilateral and bilateral
initiatives requires additional efforts to deny illicit
actors the financial means to sustain their markets and
distribution networks.
(6) The implementation on May 1, 2019, of the regulations
of the People's Republic of China to schedule all fentanyl
analogues as controlled substances is a major step in
combating global opioid trafficking and represents a major
achievement in United States-China law enforcement dialogues.
However, that step will effectively fulfill the commitment
that President Xi Jinping of the People's Republic of China
made to President Donald Trump at the Group of Twenty meeting
in December 2018 only if the Government of the People's
Republic of China devotes sufficient resources to full
implementation and strict enforcement of the new regulations.
The effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States, so it is in the interests of both the United
States and the People's Republic of China to support the
effective enforcement of the regulations.
(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, additional economic and financial sanctions
policy tools are needed to help combat the flow of synthetic
opioids into the United States.
SEC. 1703. 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 the health of the people of the
United States;
(2) it is imperative that the People's Republic of China
follow through on full implementation of the new regulations,
adopted May 1, 2019, to treat all fentanyl analogues as
controlled substances under the laws of the People's Republic
of China, including by devoting sufficient resources for
implementation and strict enforcement of the new regulations;
and
(3) the effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States, so it is in the interests of both the United
States and the People's Republic of China to support full,
effective, and strict enforcement of the regulations.
SEC. 1704. DEFINITIONS.
In this title:
(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 Appropriations, 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 Appropriations, 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 produce, manufacture, distribute, sell, or knowingly
finance or transport illicit synthetic opioids, controlled
substances that are synthetic opioids, listed chemicals that
are synthetic opioids, or active pharmaceutical ingredients
or chemicals that are used in the production of controlled
substances that are synthetic 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;
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(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.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
SEC. 1711. 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 subtitle; 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 subtitle 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 subtitle, 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 subtitle; 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 Secretary of the
Treasury, the Secretary of State, and the head of any other
appropriate Federal law enforcement agency, 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.
(4) Rule of construction.--Nothing in this section may be
construed to authorize or compel the disclosure of
information determined by the President to be law enforcement
information, national security information, or other
information the disclosure of which is prohibited by any
other provision of law.
(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. 1712. SENSE OF CONGRESS ON INTERNATIONAL OPIOID CONTROL
REGIME.
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, and trilaterally and bilaterally
with partners of the United States, to combat foreign opioid
trafficking, including by working to establish a multilateral
sanctions regime with respect to foreign opioid trafficking;
and
(2) the Secretary of State, in consultation with the
Secretary of the Treasury, should intensify efforts to
maintain and strengthen the coalition of countries formed to
combat foreign opioid trafficking.
SEC. 1713. IMPOSITION OF SANCTIONS.
The President shall impose five or more of the sanctions
described in section 1714 with respect to each foreign person
that is an entity, and four 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 1711(a); or
(2) the President determines is owned, controlled, directed
by, knowingly supplying or sourcing precursors for, or acting
for or on behalf of, such a foreign opioid trafficker.
SEC. 1714. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with
respect to a foreign person under section 1713 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
1713, 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, or transporting 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
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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 and law enforcement activities.--Sanctions
under this section shall not apply with respect to--
(A) 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
(B) any authorized intelligence and law enforcement
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. 1715. WAIVERS.
(a) Waiver for State-Owned Financial Institutions in
Countries That Cooperate in Multilateral Anti-Trafficking
Efforts.--
(1) In general.--The President may waive for a period of
not more than 12 months the application of sanctions under
this subtitle 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, not less than 15
days before the waiver is to take effect, the President
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 two 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 12 months each if, not less than 15 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 subtitle if the President determines
that the application of such sanctions would harm--
(A) the national security interests 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 that receives a waiver under
paragraph (1)(B) is not trafficking illicit opioids.
(3) Notification.--Not later than 15 days after making a
determination under paragraph (1), 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 subtitle if the President certifies to
the appropriate congressional committees and leadership that
the waiver is necessary for the provision of humanitarian
assistance.
SEC. 1716. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED
INFORMATION.
(a) In General.--If a finding under this subtitle, 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 subtitle, or any prohibition,
condition, or penalty imposed as a result of any such
finding.
SEC. 1717. 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 subtitle.
SEC. 1718. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL
NARCOTICS CONTROL STRATEGY REPORT.
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(a)) is amended by adding at the end the
following:
``(9)(A) 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 section
1712 of the Fentanyl Sanctions Act have been successful.
``(B) Each assessment required by subparagraph (A) shall
include an identification of--
``(i) 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
``(ii) the countries the governments of which have not
agreed to measures described in clause (i), 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.''.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
SEC. 1721. 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.
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(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) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for each of fiscal years 2020
through 2023 to carry out this section.
(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.
Subtitle C--Other Matters
SEC. 1731. 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, the Secretary of State, and the
Administrator of the Drug Enforcement Administration in
efforts to identify and impose sanctions with respect to
foreign opioid traffickers under subtitle A.
(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. 1732. DEPARTMENT OF DEFENSE FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Defense to carry out
the operations and activities described in subsection (b)
$25,000,000 for each of fiscal years 2020 through 2025.
(b) Operations and Activities.--The operations and
activities described in this subsection are the operations
and activities of the Department of Defense in support of any
other department or agency of the United States Government
solely for purposes of carrying out this title.
(c) Supplement Not Supplant.--Amounts made available under
subsection (a) shall supplement and not supplant other
amounts available to carry out the operations and activities
described in subsection (b).
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(d) Notification Requirement.--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.
(e) Concurrence of Secretary of State.--Operations and
activities described in subsection (b) carried out with
foreign persons shall be conducted with the concurrence of
the Secretary of State.
SEC. 1733. 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)
$25,000,000 for each of fiscal years 2020 through 2025.
(b) Operations and Activities Described.--The operations
and activities described in this subsection are the
operations and activities of the Department of State in
carrying out this title.
(c) Supplement Not Supplant.--Amounts authorized to be
appropriated by subsection (a) shall supplement and not
supplant other amounts available to carry out the operations
and activities described in subsection (b).
(d) Notification Requirement.--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.
SEC. 1734. 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)
$25,000,000 for each of fiscal years 2020 through 2025.
(b) Operations and Activities Described.--The operations
and activities described in this subsection are the
operations and activities of the Department of the Treasury
in carrying out this title.
(c) Supplement Not Supplant.--Amounts authorized to be
appropriated by subsection (a) shall supplement and not
supplant other amounts available to carry out the operations
and activities described in subsection (b).
(d) Notification Requirement.--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.
SEC. 1735. TERMINATION.
The provisions of this title, and any sanctions imposed
pursuant to this title, shall terminate on the date that is 7
years after the date of the enactment of this Act.
SEC. 1736. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 1737. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this subtitle, 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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