House Judiciary Committee Approves Bills to Combat International Drug Trafficking

Press Release

The House Judiciary Committee today approved two bills to curtail international drug trafficking into the United States and protect classified information pertaining to drug kingpins.

First, the Committee approved by a voice vote the Transnational Drug Trafficking Act of 2015 (H.R. 3380) to combat drug trafficking and the importation of chemicals used to make illicit drugs in the United States. This bill, authored by Congressman Tom Marino (R-Pa.) and Resident Commissioner Pedro Pierluisi (D-P.R.), will improve law enforcement's ability to pursue international drug manufacturers, brokers, and distributors who do not actually traffic their narcotics into the United States. The legislation also imposes penalties on trafficking in "listed chemicals," which are used to produce illegal drugs like methamphetamine. Additionally, the bill amends current law to clarify that only those who knowingly transport a counterfeit drug can be prosecuted, to ensure that truck drivers, parcel services, or even patients with prescriptions will not be vulnerable to prosecution if they did not know the drug was counterfeit.

Representative Marino said the following on today's Committee vote: "The drug epidemic in our country begins well beyond our borders. Loopholes in current law allow foreign manufacturers of controlled substances and precursor chemicals to evade conviction by denying their intent to bring the narcotics into the United States. Our law enforcement officials need every tool at their disposal to combat the flow of deadly substances into our country and our communities. This bill ensures that bad actors, truly intending to bring dangerous and addictive drugs into the U.S., will face justice and incur the penalties they deserve."

Resident Commissioner Pierluisi added: "Despite recent improvements, Puerto Rico continues to have a homicide rate far higher than any state, and most of these homicides are connected to the international drug trade. The Transnational Drug Trafficking Act--a bipartisan bill that I sponsored along with Congressman Marino of Pennsylvania--will give federal prosecutors the tools they need to ensure that senior leaders of international drug trafficking organizations cannot escape prosecution and punishment based on a technicality. Instead of having to provide direct proof that a foreign defendant intended or knew that the illegal drugs they produce and distribute will end up in the United States, which can be a very difficult burden to meet, federal prosecutors could provide circumstantial evidence that the defendant had "reasonable cause to believe' that the illegal drugs were ultimately destined for the United States. This bill, which is aimed at individuals at the top echelons of drug trafficking organizations, will help protect communities throughout the United States, including Puerto Rico."

Second, the Committee approved by a voice vote legislation (H.R. 4985) authored by Representatives John Katko (R-N.Y.) and Kathleen Rice (D-N.Y.) to protect classified information in court proceedings involving drug kingpins. Under the federal Kingpin Act, the Treasury Department's Office of Foreign Assets Control (OFAC) is able to designate international drug traffickers as kingpins, and thereby block them from using the U.S. financial system. Designees are able to challenge their listing in federal court. However, unlike a similar statute used by OFAC, the Kingpin Act does not contain a provision to protect classified information when such information is used as the basis for a designation. This means that the U.S. government risks having classified information being publicly disclosed. H.R. 4985 addresses this issue by making clear that OFAC can submit classified information to defend its designations in federal district court without it being publicly disclosed.

Representative Katko praised today's Committee vote: "As a former federal organized crime and narcotics prosecutor, I recognize that attacking the heroin epidemic requires the targeting of high-level drug traffickers -- both domestically and internationally. In order to do so effectively, we must ensure that we are able to impose the toughest sanctions on these drug kingpins. This important, bipartisan legislation strengthens the process by which we hold international drug traffickers accountable in Federal court, while protecting classified information from disclosure."

Representative Rice added: "Economic sanctions are an essential tool in the effort to combat drug kingpins around the world, and the government has to be able to use that tool without risking the public disclosure of classified information. This bill will amend existing law in order to ensure that the government can defend and maintain sanctions against foreign drug kingpins while protecting the integrity of classified information. I thank the members of the Judiciary Committee for acting quickly to approve this common-sense legislation, and I urge all of my colleagues to give it the bipartisan support it deserves.

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) praised passage of these two bills: "International drug trafficking organizations continue to adapt and evolve their practices in order to cover their tracks as their drugs are smuggled into the United States. The bills approved by the House Judiciary Committee today beat these criminals at their game by ensuring that U.S. prosecutors have additional tools to identify traffickers and prosecute them, and ensure that classified information about drug kingpins is protected. These bills are part of the Committee's efforts to address the opioid epidemic facing the United States and I thank Representatives Marino, Pierluisi, Katko, and Rice for their work. Next week, the Committee will take up legislation to prevent opioid addiction and help drug users get the treatment they need to overcome their addiction."