I 
116TH CONGRESS 
1ST SESSION H. R. 2226 
To impose sanctions with respect to foreign traffickers of illicit opioids, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2019 
Mr. BUCHANAN (for himself and Mr. MOULTON) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committees on Financial Services, Oversight and Reform, the Ju-
diciary, Intelligence (Permanent Select), Armed Services, and Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To impose sanctions with respect to foreign traffickers of 
illicit opioids, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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. 
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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 re-
gime. 
Sec. 103. Imposition of sanctions. 
Sec. 104. Description of sanctions. 
Sec. 105. Waivers. 
Sec. 106. Procedures for judicial review of classified information. 
Sec. 107. Briefings on implementation. 
Sec. 108. Exception relating to importation of goods. 
TITLE II—COMMISSION ON COMBATING SYNTHETIC OPIOID 
TRAFFICKING 
Sec. 201. Commission on combating synthetic opioid trafficking. 
TITLE III—OTHER MATTERS 
Sec. 301. Director of National Intelligence program on use of intelligence re-
sources 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 Pre-
vention 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. 
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(2) The objective of preventing the proliferation 
of synthetic opioids through existing multilateral and 
bilateral initiatives requires additional efforts to 
deny illicit actors the financial means to sustain 
their markets and distribution networks. 
(3) The People’s Republic of China is the 
world’s largest producer of illicit fentanyl, fentanyl 
analogues, and their immediate precursors. From 
the People’s Republic of China, those substances are 
shipped primarily through express consignment car-
riers or international mail directly to the United 
States, 
or, 
alternatively, 
shipped 
directly 
to 
transnational criminal organizations in Mexico, Can-
ada, 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 Repub-
lic of China, Mexico, and Canada have made impor-
tant strides in combating the illicit flow of opioids 
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through bilateral efforts of their respective law en-
forcement agencies. 
(6) Insufficient regulation of synthetic opioid 
production and export and insufficient law enforce-
ment efforts to combat opioid trafficking in the Peo-
ple’s Republic of China and Mexico continue to con-
tribute 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 eco-
nomic 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— 
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(A) to schedule the entire category of 
fentanyl-type substances as controlled sub-
stances; and 
(B) to change its national and provincial 
laws and increase provincial law enforcement ef-
forts to prosecute traffickers of fentanyl sub-
stances. 
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 mean-
ings given those terms in section 101 of the Immi-
gration and Nationality Act (8 U.S.C. 1101). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES
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 Gov-
ernmental Affairs, the Committee on the Judi-
ciary, the Select Committee on Intelligence, and 
the majority leader and the minority leader of 
the Senate; and 
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(B) the Committee on Armed Services, the 
Committee on Financial Services, the Com-
mittee on Foreign Affairs, the Committee on 
Homeland Security, the Committee on the Judi-
ciary, the Permanent Select Committee on In-
telligence, and the Speaker and the minority 
leader of the House of Representatives. 
(3) CONTROLLED SUBSTANCE; LISTED CHEM-
ICAL.—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 part-
nership, joint venture, association, corporation, orga-
nization, 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 per-
son’’— 
(A) means— 
(i) any citizen or national of a foreign 
country; or 
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(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, dis-
tribute, sell, or knowingly finance or transport 
illicit opioids, controlled substances that are 
opioids, listed chemicals that are opioids, or ac-
tive pharmaceutical ingredients or chemicals 
that are used in the production of controlled 
substances that are opioids; 
(B) to attempt to carry out an activity de-
scribed 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 in-
dividual or entity. 
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(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 perma-
nent 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 RE-
SPECT TO FOREIGN OPIOID 
TRAFFICKERS 
SEC. 101. IDENTIFICATION OF FOREIGN OPIOID TRAF-
FICKERS. 
(a) PUBLIC REPORT.— 
(1) IN GENERAL.—The President shall submit 
to the appropriate congressional committees and 
leadership, in accordance with subsection (c), a re-
port— 
(A) identifying the foreign persons that the 
President determines are foreign opioid traf-
fickers; 
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(B) detailing progress the President has 
made in implementing this title; and 
(C) providing an update on cooperative ef-
forts with the Governments of Mexico and the 
People’s Republic of China with respect to com-
bating foreign opioid traffickers. 
(2) IDENTIFICATION
OF
ADDITIONAL
PER-
SONS.—If, at any time after submitting a report re-
quired 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 sub-
mit to the appropriate congressional committees and 
leadership an additional report containing the infor-
mation 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 
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unclassified form but may include a classified 
annex. 
(B) AVAILABILITY TO PUBLIC.—The un-
classified portion of a report required by para-
graph (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 re-
port, in classified form— 
(A) describing in detail the status of sanc-
tions imposed under this title, including the 
personnel and resources directed toward the im-
position 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 in-
tends to undertake or has undertaken to imple-
ment this title; and 
(D) providing a strategy for identifying ad-
ditional foreign opioid traffickers. 
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(2) EFFECT ON OTHER REPORTING REQUIRE-
MENTS.—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 annu-
ally 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 con-
gressional 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 coordina-
tion, as appropriate, with the Director of the Fed-
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eral 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, deter-
mines that such disclosure could reasonably be ex-
pected— 
(A) to compromise the identity of a con-
fidential source, including a State, local, or for-
eign agency or authority or any private institu-
tion that furnished information on a confiden-
tial basis; 
(B) to jeopardize the integrity or success 
of an ongoing criminal investigation or prosecu-
tion; 
(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 
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leadership of the determination and the reasons for 
the determination. 
(e) PROVISION OF INFORMATION REQUIRED FOR RE-
PORTS.—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 nec-
essary information to enable the President to submit the 
reports required by subsection (a). 
SEC. 102. SENSE OF CONGRESS AND REPORTING ON INTER-
NATIONAL OPIOID CONTROL REGIME. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress 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 ef-
forts, 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 
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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 multilat-
eral sanctions regime against foreign opioid traf-
fickers 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 assess-
ment conducted by the Secretary of State, in con-
sultation 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 sub-
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paragraph (A), and, with respect to those coun-
tries, other measures the Secretary of State rec-
ommends that the United States take to apply 
economic and other financial sanctions to for-
eign 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 per-
son 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, con-
trolled, 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 im-
posed 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 
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from making loans or providing credits to the for-
eign person. 
(2) PROHIBITIONS
ON
FINANCIAL
INSTITU-
TIONS.—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 Gov-
ernors of the Federal Reserve System nor the 
Federal Reserve Bank of New York may des-
ignate, or permit the continuation of any prior 
designation of, the financial institution as a pri-
mary dealer in United States Government debt 
instruments. 
(B) PROHIBITION ON SERVICE AS A RE-
POSITORY
OF
GOVERNMENT
FUNDS.—The fi-
nancial institution may not serve as agent of 
the United States Government or serve as re-
pository for United States Government funds. 
The imposition of either sanction under subpara-
graph (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. 
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(3) PROCUREMENT
BAN.—The United States 
Government may not procure, or enter into any con-
tract 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 ex-
change 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 in-
terest 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, import-
ing, or exporting any property that is subject to 
the jurisdiction of the United States and with 
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respect to which the foreign person has any in-
terest; 
(B) dealing in or exercising any right, 
power, or privilege with respect to such prop-
erty; or 
(C) conducting any transaction involving 
such property. 
(7) BAN ON INVESTMENT IN EQUITY OR DEBT 
OF SANCTIONED PERSON.—The President may, pur-
suant to such regulations or guidelines as the Presi-
dent may prescribe, prohibit any United States per-
son 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 Secu-
rity 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 OF-
FICERS.—The President may impose on the prin-
cipal executive officer or officers of the foreign per-
son, or on individuals performing similar functions 
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and with similar authorities as such officer or offi-
cers, 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 ex-
tent 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 intel-
ligence activities of the United States. 
(2) EXCEPTION TO COMPLY WITH UNITED NA-
TIONS
HEADQUARTERS
AGREEMENT.—Sanctions 
under subsection (a)(8) shall not apply to an alien 
if admitting the alien into the United States is nec-
essary to permit the United States to comply with 
the Agreement regarding the Headquarters of the 
United Nations, signed at Lake Success June 26, 
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1947, and entered into force November 21, 1947, 
between the United Nations and the United States, 
the Convention on Consular Relations, done at Vi-
enna April 24, 1963, and entered into force March 
19, 1967, or other applicable international obliga-
tions. 
(d) IMPLEMENTATION; REGULATORY AUTHORITY.— 
(1) IMPLEMENTATION.—The President may ex-
ercise 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 INSTI-
TUTIONS IN COUNTRIES THAT COOPERATE IN MULTILAT-
ERAL 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, 
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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 cer-
tify under paragraph (1) that a foreign government 
is closely cooperating with the United States in ef-
forts to prevent opioid trafficking if that government 
is— 
(A) implementing domestic laws to sched-
ule all fentanyl analogues as controlled sub-
stances; and 
(B) doing 2 or more of the following: 
(i) Implementing substantial improve-
ments in regulations involving the chemical 
and pharmaceutical production and export 
of illicit opioids. 
(ii) Implementing substantial improve-
ments in judicial regulations to combat 
transnational criminal organizations that 
traffic opioids. 
(iii) Increasing efforts to prosecute 
foreign opioid traffickers. 
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(iv) Increasing intelligence sharing 
and law enforcement cooperation with the 
United States with respect to opioid traf-
ficking. 
(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 imple-
mented 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 re-
spect 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 
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(B) subject to paragraph (2), the access of 
United States persons to prescription medica-
tions. 
(2) MONITORING.—The President shall estab-
lish a monitoring program to verify that a person re-
ceiving a waiver under paragraph (1)(B) is not traf-
ficking 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 lead-
ership 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 leader-
ship that the waiver is necessary for the provision of hu-
manitarian assistance. 
SEC. 106. PROCEDURES FOR JUDICIAL REVIEW OF CLASSI-
FIED 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 Pro-
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cedures 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 sec-
tion shall be construed to confer or imply any right to judi-
cial review of any finding under this title, or any prohibi-
tion, 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 enact-
ment 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 Treas-
ury, shall provide to the appropriate congressional com-
mittees and leadership a comprehensive briefing on efforts 
to implement this title. 
SEC. 108. EXCEPTION RELATING TO IMPORTATION OF 
GOODS. 
The authority to impose sanctions under this title 
shall not include the authority to impose sanctions on the 
importation of goods. 
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TITLE II—COMMISSION ON COM-
BATING SYNTHETIC OPIOID 
TRAFFICKING 
SEC. 201. COMMISSION ON COMBATING SYNTHETIC OPIOID 
TRAFFICKING. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established a com-
mission to develop a consensus on a strategic ap-
proach to combating the flow of synthetic opioids 
into the United States. 
(2) DESIGNATION.—The commission estab-
lished 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 subpara-
graph (B), the Commission shall be composed 
of the following members: 
(i) The Administrator of the Drug 
Enforcement Administration. 
(ii) The Secretary of Homeland Secu-
rity. 
(iii) The Secretary of Defense. 
(iv) The Secretary of the Treasury. 
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(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 Represent-
atives, 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— 
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(I) transnational criminal organiza-
tions conducting synthetic opioid traf-
ficking; 
(II) the production, manufacturing, 
distribution, sale, or transportation of syn-
thetic 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 indi-
vidual possesses any personal or financial inter-
est in the discharge of any of the duties of the 
Commission. 
(iii)(I) All members of the Commission de-
scribed in clause (i) shall possess an appro-
priate security clearance in accordance with ap-
plicable provisions of law concerning the han-
dling of classified information. 
(II) For the purpose of facilitating the ac-
tivities of the Commission, the Director of Na-
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tional Intelligence shall expedite to the fullest 
degree possible the processing of security clear-
ances 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 mem-
bers 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 
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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 Peo-
ple’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 regula-
tion of pharmaceutical and chemical production of 
controlled substances and export controls with re-
spect to such substances in the People’s Republic of 
China and other countries that allow opioid traf-
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fickers 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 Re-
public of China and India. 
(8) To report on how the United States could 
work more effectively with provincial and local offi-
cials 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 Authoriza-
tion 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 ap-
plied and administered by substituting ‘‘30 days’’ for 
‘‘45 days’’; 
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termines 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 notifica-
tion requirement under paragraph (1), the Sec-
retary shall notify the appropriate committees 
of Congress of the President’s intention to obli-
gate 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 Treas-
ury may transfer funds authorized to be appro-
priated 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 re-
programming requirements under law. However, a 
notice on any such transfer shall be provided to the 
appropriate committees of Congress. 
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