,i #aafth ,,congress #ast ,session ,h4 ,r4 #bdhc ,,in ,,the ,,house ,,of ,,representatives ,may #b1 #bjai,mr4 ,rose of ,new ,york 7for himself1 ,mr4 ,hill of ,arkansas1 ,mr4 ,brindisi1 and ,mr4 ,fitzpatrick7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,financial ,services1 ,oversight and ,reform1 the ,judiciary1 ,intelligence 7,permanent ,select71 ,armed ,services1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to impose sanctions with respect to foreign traffickers of illicit opioids1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fentanyl ,sanctions ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,sense of ,congress4 ,sec4 #d4 ,definitions4 ,title ,i--,sanctions with ,respect to ,foreign ,opioid ,traffickers ,sec4 #aja4 ,identification of foreign opioid traffickers4 ,sec4 #ajb4 ,sense of ,congress and reporting on international opioid control regime4 ,sec4 #ajc4 ,imposition of sanctions4 ,sec4 #ajd4 ,description of sanctions4 ,sec4 #aje4 ,waivers4 ,sec4 #ajf4 ,procedures for judicial review of classified information4 ,sec4 #ajg4 ,briefings on implementation4 ,title ,,ii--,commission on ,combating ,synthetic ,opioid ,trafficking ,sec4 #bja4 ,commission on combating synthetic opioid trafficking4 ,title ,,iii--,other ,matters ,sec4 #cja4 ,director of ,national ,intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers4 ,sec4 #cjb4 ,department of ,defense funding4 ,sec4 #cjc4 ,department of ,state funding4 ,sec4 #cjd4 ,department of the ,treasury funding4 ,sec4 #cje4 ,appropriate committees of ,congress defined4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,centers for ,disease ,control and ,prevention estimate that from ,august #bjag through ,august #bjah more than #dh1jjj people in the ,united ,states died from an opioid overdose1 with synthetic opioids 7excluding methadone71 contributing to a record #ca1ijj overdose deaths4 ,while drug overdose deaths from methadone1 semi-synthetic opioids1 and heroin have decreased in recent months1 overdose deaths from synthetic opioids have continued to increase4 7#b7 ,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 networks4 7#c7 ,the ,people's ,republic of ,china is the world's largest producer of illicit fentanyl1 fentanyl analogues1 and their immediate precursors4 ,from the ,people's ,republic of ,china1 those substances are shipped primarily through express consignment carriers or international mail directly to the ,united ,states1 or1 alternatively1 shipped directly to transnational criminal organizations in ,mexico1 ,canada1 and the ,caribbean4 7#d7 ,in #bjae1 ,mexican heroin accounted for #ic percent of the total weight of heroin seized in the ,united ,states1 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 ,states4 7#e7 ,the ,united ,states and the ,people's ,republic of ,china1 ,mexico1 and ,canada have made important strides in combating the illicit flow of opioids through bilateral efforts of their respective law enforcement agencies4 7#f7 ,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 ,states4 7#g7 ,while the ,department of the ,treasury used the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq47 to sanction the first synthetic opioid trafficking entity in ,april #bjah1 precision economic and financial sanctions policy tools are needed to address the flow of synthetic opioids4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states should apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security1 foreign policy1 and economy of the ,united ,states2 and 7#b7 it is imperative that the ,people's ,republic of ,china follow through on the commitments it made to the ,united ,states on ,december #f1 #bjah1 through the ,group of ,twenty-- 7,a7 to schedule the entire category of fentanyl-type substances as controlled substances2 and 7,b7 to change its national and provincial laws and increase provincial law enforcement efforts to prosecute traffickers of fentanyl substances4 #d4 ,definitions ,in this ,act3 7#a7 ,alien2 national2 national of the ,united ,states ,the terms alien1 national1 and national of the ,united ,states have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,appropriate congressional committees and leadership ,the term appropriate congressional committees and leadership means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 the ,select ,committee on ,intelligence1 and the majority leader and the minority leader of the ,senate2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 the ,permanent ,select ,committee on ,intelligence1 and the ,speaker and the minority leader of the ,house of ,representatives4 7#c7 ,controlled substance2 listed chemical ,the terms controlled substance1 listed chemical1 narcotic drug1 and opioid have the meanings given those terms in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#d7 ,entity ,the term entity means a partnership1 joint venture1 association1 corporation1 organization1 network1 group1 or subgroup1 or any form of business collaboration4 7#e7 ,foreign opioid trafficker ,the term foreign opioid trafficker means any foreign person that the ,president determines plays a significant role in opioid trafficking4 7#f7 ,foreign person ,the term foreign person-- 7,a7 means-- 7i7 any citizen or national of a foreign country2 or 7ii7 any entity not organized under the laws of the ,united ,states or a jurisdiction within the ,united ,states2 and 7,b7 does not include the government of a foreign country4 7#g7 ,knowingly ,the term knowingly1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#h7 ,opioid trafficking ,the term opioid trafficking means any illicit activity-- 7,a7 to cultivate1 produce1 manufacture1 distribute1 sell1 or knowingly finance or transport illicit opioids1 controlled substances that are opioids1 listed chemicals that are opioids1 or active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are opioids2 7,b7 to attempt to carry out an activity described in subparagraph 7,a72 or 7,c7 to assist1 abet1 conspire1 or collude with other persons to carry out such an activity4 7#i7 ,person ,the term person means an individual or entity4 7#aj7 ,united ,states person ,the term ,united ,states person means-- 7,a7 any citizen or national of the ,united ,states2 7,b7 any alien lawfully admitted for permanent residence in the ,united ,states2 7,c7 any entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states 7including a foreign branch of such an entity72 or 7,d7 any person located in the ,united ,states4 ,i ,sanctions with ,respect to ,foreign ,opioid ,traffickers #aja4 ,identification of foreign opioid traffickers 7a7 ,public report 7#a7 ,in general ,the ,president shall submit to the appropriate congressional committees and leadership1 in accordance with subsection 7c71 a report-- 7,a7 identifying the foreign persons that the ,president determines are foreign opioid traffickers2 7,b7 detailing progress the ,president has made in implementing this title2 and 7,c7 providing an update on cooperative efforts with the ,governments of ,mexico and the ,people's ,republic of ,china with respect to combating foreign opioid traffickers4 7#b7 ,identification of additional persons ,if1 at any time after submitting a report required by paragraph 7#a7 and before the submission of the next such report1 the ,president determines that a foreign person not identified in the report is a foreign opioid trafficker1 the ,president shall submit to the appropriate congressional committees and leadership an additional report containing the information required by paragraph 7#a7 with respect to the foreign person4 7#c7 ,exclusion ,the ,president shall not be required to include in a report under paragraph 7#a7 or 7#b7 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 trafficking4 7#d7 ,form of report 7,a7 ,in general ,each report required by paragraph 7#a7 or 7#b7 shall be submitted in unclassified form but may include a classified annex4 7,b7 ,availability to public ,the unclassified portion of a report required by paragraph 7#a7 or 7#b7 shall be made available to the public4 7b7 ,classified report 7#a7 ,in general ,the ,president shall submit to the appropriate congressional committees and leadership1 in accordance with subsection 7c71 a report1 in classified form-- 7,a7 describing in detail the status of sanctions imposed under this title1 including the personnel and resources directed toward the imposition of such sanctions during the preceding fiscal year2 7,b7 providing background information with respect to persons newly identified as foreign opioid traffickers and their illicit activities2 7,c7 describing actions the ,president intends to undertake or has undertaken to implement this title2 and 7,d7 providing a strategy for identifying additional foreign opioid traffickers4 7#b7 ,effect on other reporting requirements ,the report required by paragraph 7#a7 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 #aidg 7#ej ,u4,s4,c4 #cjja et seq474 7c7 ,submission of reports ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter until the date that is #e years after such date of enactment1 the ,president shall submit the reports required by subsections 7a7 and 7b7 to the appropriate congressional committees and leadership4 7d7 ,exclusion of certain information 7#a7 ,intelligence ,notwithstanding any other provision of this section1 a report required by subsection 7a7 or 7b7 shall not disclose the identity of any person if the ,director of ,national ,intelligence determines that such disclosure could compromise an intelligence operation1 activity1 source1 or method of the ,united ,states4 7#b7 ,law enforcement ,notwithstanding any other provision of this section1 a report required by subsection 7a7 or 7b7 shall not disclose the identity of any person if the ,attorney ,general1 in coordination1 as appropriate1 with the ,director of the ,federal ,bureau of ,investigation1 the ,administrator of the ,drug ,enforcement ,administration1 the head of any other appropriate ,federal law enforcement agency1 and the ,secretary of the ,treasury1 determines that such disclosure could reasonably be expected-- 7,a7 to compromise the identity of a confidential source1 including a ,state1 local1 or foreign agency or authority or any private institution that furnished information on a confidential basis2 7,b7 to jeopardize the integrity or success of an ongoing criminal investigation or prosecution2 7,c7 to endanger the life or physical safety of any person2 or 7,d7 to cause substantial harm to physical property4 7#c7 ,notification required ,if the ,director of ,national ,intelligence makes a determination under paragraph 7#a7 or the ,attorney ,general makes a determination under paragraph 7#b71 the ,director or the ,attorney ,general1 as the case may be1 shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination4 7e7 ,provision of information required for reports ,the ,secretary of the ,treasury1 the ,attorney ,general1 the ,secretary of ,defense1 the ,secretary of ,state1 the ,secretary of ,homeland ,security1 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 7a74 #ajb4 ,sense of ,congress and reporting on international opioid control regime 7a7 ,sense of ,congress ,it is the sense of ,congress that1 in order to apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security1 foreign policy1 and economy of the ,united ,states-- 7#a7 the ,president should instruct the ,secretary of ,state to commence immediately diplomatic efforts1 both in appropriate international fora such as the ,united ,nations1 the ,group of ,seven1 the ,group of ,twenty1 trilaterally and bilaterally with partners of the ,united ,states1 to establish a multilateral sanctions regime against foreign opioid traffickers2 and 7#b7 the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 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 regime4 7b7 ,reports to ,congress 7#a7 ,in general ,the ,president shall include1 in each report required by section #aja7;b71 an assessment conducted by the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 of the extent to which any diplomatic efforts described in subsection 7a7 have been successful4 7#b7 ,elements ,each assessment required by paragraph 7#a7 shall include an identification of-- 7,a7 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 measures2 and 7,b7 the countries the governments of which have not agreed to measures described in subparagraph 7,a71 and1 with respect to those countries1 other measures the ,secretary of ,state recommends that the ,united ,states take to apply economic and other financial sanctions to foreign traffickers of illicit opioids4 #ajc4 ,imposition of sanctions ,the ,president shall impose five or more of the sanctions described in section #ajd with respect to each foreign person that is an entity1 and four or more of such sanctions with respect to each foreign person that is an individual1 that-- 7#a7 is identified as a foreign opioid trafficker in a report submitted under section #aja7;a72 or 7#b7 the ,president determines is owned1 controlled1 directed by1 supplying or sourcing precursors for1 or acting for or on behalf of1 such a foreign opioid trafficker4 #ajd4 ,description of sanctions 7a7 ,in general ,the sanctions that may be imposed with respect to a foreign person under section #ajc are the following3 7#a7 ,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 person4 7#b7 ,prohibitions on financial institutions ,the following prohibitions may be imposed with respect to a foreign person that is a financial institution3 7,a7 ,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 designate1 or permit the continuation of any prior designation of1 the financial institution as a primary dealer in ,united ,states ,government debt instruments4 7,b7 ,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 funds4 ,the imposition of either sanction under subparagraph 7,a7 or 7,b7 shall be treated as one sanction for purposes of section #ajc1 and the imposition of both such sanctions shall be treated as #b sanctions for purposes of that section4 7#c7 ,procurement ban ,the ,united ,states ,government may not procure1 or enter into any contract for the procurement of1 any goods or services from the foreign person4 7#d7 ,foreign exchange ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any transactions in foreign exchange that are subject to the jurisdiction of the ,united ,states and in which the foreign person has any interest4 7#e7 ,banking transactions ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any transfers of credit or payments between financial institutions or by1 through1 or to any financial institution1 to the extent that such transfers or payments are subject to the jurisdiction of the ,united ,states and involve any interest of the foreign person4 7#f7 ,property transactions ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any person from-- 7,a7 acquiring1 holding1 withholding1 using1 transferring1 withdrawing1 transporting1 importing1 or exporting any property that is subject to the jurisdiction of the ,united ,states and with respect to which the foreign person has any interest2 7,b7 dealing in or exercising any right1 power1 or privilege with respect to such property2 or 7,c7 conducting any transaction involving such property4 7#g7 ,ban on investment in equity or debt of sanctioned person ,the ,president may1 pursuant to such regulations or guidelines as the ,president may prescribe1 prohibit any ,united ,states person from investing in or purchasing significant amounts of equity or debt instruments of the foreign person4 7#h7 ,exclusion of corporate officers ,the ,president may direct the ,secretary of ,state to deny a visa to1 and the ,secretary of ,homeland ,security to exclude from the ,united ,states1 any alien that the ,president determines is a corporate officer or principal of1 or a shareholder with a controlling interest in1 the foreign person4 7#i7 ,sanctions on principal executive officers ,the ,president may impose on the principal executive officer or officers of the foreign person1 or on individuals performing similar functions and with similar authorities as such officer or officers1 any of the sanctions described in paragraphs 7#a7 through 7#h7 that are applicable4 7b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of any regulation1 license1 or order issued to carry out subsection 7a7 shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7c7 ,exceptions 7#a7 ,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 #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or to any authorized intelligence activities of the ,united ,states4 7#b7 ,exception relating to importation of goods ,the authority to impose sanctions under subsection 7a77#f7 shall not include the authority to impose sanctions on the importation of goods4 7#c7 ,exception to comply with ,united ,nations headquarters agreement ,sanctions under subsection 7a77#h7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 the ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 and entered into force ,march #ai1 #aifg1 or other applicable international obligations4 7d7 ,implementation2 regulatory authority 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,regulatory authority ,the ,president shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 #aje4 ,waivers 7a7 ,waiver for ,state-,owned financial institutions in countries that cooperate in multilateral anti-,trafficking efforts 7#a7 ,in general ,the ,president may1 on a case-by-case basis1 waive for a period of not more than #ab months the application of sanctions under this title with respect to a financial institution that is owned or controlled1 directly or indirectly1 by a foreign government or any political subdivision1 agency1 or instrumentality of a foreign government1 if the ,president1 not less than #cj days before the waiver is to take effect1 certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the ,united ,states in efforts to prevent opioid trafficking4 7#b7 ,certification ,the ,president may certify under paragraph 7#a7 that a foreign government is closely cooperating with the ,united ,states in efforts to prevent opioid trafficking if that government is-- 7,a7 implementing domestic laws to schedule all fentanyl analogues as controlled substances2 and 7,b7 doing two or more of the following3 7i7 ,implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids4 7ii7 ,implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids4 7iii7 ,increasing efforts to prosecute foreign opioid traffickers4 7iv7 ,increasing intelligence sharing and law enforcement cooperation with the ,united ,states with respect to opioid trafficking4 7#c7 ,subsequent renewal of waiver ,the ,president may renew a waiver under paragraph 7#a7 for subsequent periods of not more than #f months each if1 not less than #cj days before the renewal is to take effect1 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 7#b74 7b7 ,waivers for national security and access to prescription medications 7#a7 ,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-- 7,a7 the national security of the ,united ,states2 or 7,b7 subject to paragraph 7#b71 the access of ,united ,states persons to prescription medications4 7#b7 ,monitoring ,the ,president shall establish a monitoring program to verify that a person receiving a waiver under paragraph 7#a77;,b7 is not trafficking illicit opioids4 7#c7 ,notification ,not later than #ba days after making a determination under paragraph 7#a7 with respect to a person1 the ,president shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination4 7c7 ,humanitarian waiver ,the ,president may waive1 for renewable periods of #ahj days1 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 assistance4 #ajf4 ,procedures for judicial review of classified information 7a7 ,in general ,if a finding under this title1 or a prohibition1 condition1 or penalty imposed as a result of any such finding1 is based on classified information 7as defined in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app477 and a court reviews the finding or the imposition of the prohibition1 condition1 or penalty1 the ,president may submit such information to the court ex parte and in camera4 7b7 ,rule of construction ,nothing in this section shall be construed to confer or imply any right to judicial review of any finding under this title1 or any prohibition1 condition1 or penalty imposed as a result of any such finding4 #ajg4 ,briefings on implementation ,not later than #ij days after the date of the enactment of the ,fentanyl ,sanctions ,act1 and every #ahj days thereafter until the date that is #e years after such date of enactment1 the ,president1 acting through the ,secretary of ,state1 in coordination with the ,secretary of the ,treasury1 shall provide to the appropriate congressional committees and leadership a comprehensive briefing on efforts to implement this title4 ,,ii ,commission on ,combating ,synthetic ,opioid ,trafficking #bja4 ,commission on combating synthetic opioid trafficking 7a7 ,establishment 7#a7 ,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 ,states4 7#b7 ,designation ,the commission established under paragraph 7#a7 shall be known as the ,commission on ,synthetic ,opioid ,trafficking 7in this section referred to as the ,commission74 7b7 ,membership 7#a7 ,composition 7,a7 ,in general ,subject to subparagraph 7,b71 the ,commission shall be composed of the following members3 7i7 ,the ,administrator of the ,drug ,enforcement ,administration4 7ii7 ,the ,secretary of ,homeland ,security4 7iii7 ,the ,secretary of ,defense4 7iv7 ,the ,secretary of the ,treasury4 7v7 ,the ,secretary of ,state4 7vi7 ,two members appointed by the majority leader of the ,senate1 one of whom shall be a ,member of the ,senate and one of whom shall not be4 7vii7 ,two members appointed by the minority leader of the ,senate1 one of whom shall be a ,member of the ,senate and one of whom shall not be4 7viii7 ,two members appointed by the ,speaker of the ,house of ,representatives1 one of whom shall be a ,member of the ,house of ,representatives and one of whom shall not be4 7ix7 ,two members appointed by the minority leader of the ,house of ,representatives1 one of whom shall be a ,member of the ,house of ,representatives and one of whom shall not be4 7,b7 7i7 ,the members of the ,commission who are not ,members of ,congress and who are appointed under clauses 7vi7 through 7ix7 of subparagraph 7,a7 shall be individuals who are nationally recognized for expertise1 knowledge1 or experience in-- 7,i7 transnational criminal organizations conducting synthetic opioid trafficking2 7,,ii7 the production1 manufacturing1 distribution1 sale1 or transportation of synthetic opioids2 or 7,,iii7 relations between-- 7aa7 the ,united ,states2 and 7bb7 the ,people's ,republic of ,china1 ,mexico1 or any other country of concern with respect to trafficking in synthetic opioids4 7ii7 ,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 ,commission4 7iii7 7,i7 ,all members of the ,commission described in clause 7i7 shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information4 7,,ii7 ,for the purpose of facilitating the activities of the ,commission1 the ,director of ,national ,intelligence shall expedite to the fullest degree possible the processing of security clearances that are necessary for members of the ,commission4 7#b7 ,co-chairs 7,a7 ,in general ,the ,commission shall have #b co-chairs1 selected from among the members of the ,commission1 one of whom shall be a member of the majority party and one of whom shall be a member of the minority party4 7,b7 ,selection ,the individuals who serve as the co-chairs of the ,commission shall be jointly agreed upon by the ,president1 the majority leader of the ,senate1 the minority leader of the ,senate1 the ,speaker of the ,house of ,representatives1 and the minority leader of the ,house of ,representatives4 7c7 ,duties ,the duties of the ,commission are as follows3 7#a7 ,to define the core objectives and priorities of the strategic approach described in subsection 7a77#a74 7#b7 ,to weigh the costs and benefits of various strategic options to combat the flow of synthetic opioids from the ,people's ,republic of ,china1 ,mexico1 and other countries4 7#c7 ,to evaluate whether the options described in paragraph 7#b7 are exclusive or complementary1 the best means for executing such options1 and how the ,united ,states should incorporate and implement such options within the strategic approach described in subsection 7a77#a74 7#d7 ,to review and make determinations on the difficult choices present within such options1 among them what norms-based regimes the ,united ,states should seek to establish to encourage the effective regulation of dangerous synthetic opioids4 7#e7 ,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 ,states1 including up-to-date estimates of the scale of illicit synthetic opioids flows from the ,people's ,republic of ,china4 7#f7 ,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 ,states4 7#g7 ,to report on the scale of contaminated or counterfeit drugs originating from the ,people's ,republic of ,china and ,india4 7#h7 ,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 opioids4 7#i7 ,in weighing the options for defending the ,united ,states against the dangers of trafficking in synthetic opioids1 to consider possible structures and authorities that need to be established1 revised1 or augmented within the ,federal ,government4 7d7 ,functioning of ,commission ,the provisions of subsections 7c71 7d71 7e71 7g71 7h71 7i71 and 7m7 of section #afeb of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb7 shall apply to the ,commission to the same extent and in the same manner as such provisions apply to the commission established under that section1 except that-- 7#a7 subsection 7c77#a7 of that section shall be applied and administered by substituting #cj days for #de days2 7#b7 subsection 7g77#d77;,a7 of that section shall be applied and administered by inserting and the ,attorney ,general after ,secretary of ,defense2 and 7#c7 subsections 7h77#b77;,a7 and 7i77#a77;,a7 of that section shall be applied and administered by substituting level ,v of the ,executive ,schedule under section #ecaf for level ,,iv of the ,executive ,schedule under section #ecae4 7e7 ,treatment of information relating to national security 7#a7 ,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 received1 considered1 or used by the ,commission under this section4 7#b7 ,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 committee1 or the ,member of ,congress1 as the case may be1 that provided the information to the ,commission4 7#c7 ,access after termination of ,commission ,notwithstanding any other provision of law1 after the termination of the ,commission under subsection 7h71 only the members and designated staff of the appropriate congressional committees and leadership1 the ,director of ,national ,intelligence 7and the designees of the ,director71 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 received1 considered1 or used by the ,commission4 7f7 ,reports ,the ,commission shall submit to the appropriate congressional committees and leadership-- 7#a7 not later than #bgj days after the date of the enactment of this ,act1 an initial report on the activities and recommendations of the ,commission under this section2 and 7#b7 not later than #bgj days after the submission of the initial report under paragraph 7#a71 a final report on the activities and recommendations of the ,commission under this section4 7g7 ,limitation on funding ,of amounts made available under sections #cjb1 #cjc1 and #cjd to carry out this ,act1 not more than #e1jjj1jjj shall be available to the ,commission in any of fiscal years #bjbj through #bjbe4 7h7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this section1 shall terminate at the end of the #abj-;day period beginning on the date on which the final report required by subsection 7f77#b7 is submitted to the appropriate congressional committees and leadership4 7#b7 ,winding up of affairs ,the ,commission may use the #abj-;day period described in paragraph 7#a7 for the purposes of concluding its activities1 including providing testimony to ,congress concerning the final report required by subsection 7f77#b7 and disseminating the report4 ,,iii ,other ,matters #cja4 ,director of ,national ,intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers 7a7 ,program required 7#a7 ,in general ,the ,director of ,national ,intelligence shall1 with the concurrence of the ,director of the ,office of ,national ,drug ,control ,policy1 carry out a program to allocate and enhance use of resources of the intelligence community1 including intelligence collection and analysis1 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 ,i4 7#b7 ,focus on illicit finance ,to the extent practicable1 efforts described in paragraph 7#a7 shall-- 7,a7 take into account specific illicit finance risks related to narcotics trafficking2 and 7,b7 be developed in consultation with the ,undersecretary of the ,treasury for ,terrorism and ,financial ,crimes1 appropriate officials of the ,office of ,intelligence and ,analysis of the ,department of the ,treasury1 the ,director of the ,financial ,crimes ,enforcement ,network1 and appropriate ,federal law enforcement agencies4 7b7 ,review of counternarcotics efforts of the intelligence community ,the ,director of ,national ,intelligence shall1 in coordination with the ,director of the ,office of ,national ,drug ,control ,policy1 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 drugs4 7c7 ,reports 7#a7 ,quarterly reports on program ,not later than #ij days after the date of the enactment of this ,act1 and every #ij days thereafter1 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 7a7 during the #ij-;day period ending on the date of the report4 ,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 7a7 during each of fiscal years #bjag and #bjah4 7#b7 ,report on review ,not later than #abj days after the date of the enactment of this ,act1 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 7b71 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 drugs4 ,if the report concludes that such priorities are not so appropriate and sufficient1 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 sufficient4 7d7 ,intelligence community defined ,in this section1 the term intelligence community has the meaning given that term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 #cjb4 ,department of ,defense funding 7a7 ,source of funds ,of amounts authorized to be appropriated for each of fiscal years #bjbj through #bjbe for the ,department of ,defense for operation and maintenance1 such sums as may be necessary shall be available for operations and activities described in subsection 7b74 7b7 ,operations and activities ,the operations and activities described in this subsection are the following3 7#a7 ,the operations and activities of any department or agency of the ,united ,states ,government 7other than the ,department of ,defense7 in carrying out this ,act4 7#b7 ,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 ,act4 7c7 ,transfer authority 7#a7 ,in general ,the ,secretary of ,defense may transfer funds authorized to be appropriated for the ,department of ,defense as described in subsection 7a7 to any other department or agency of the ,united ,states ,government to carry out this ,act4 7#b7 ,notice requirements ,any transfer under this subsection shall not be subject to any reprogramming requirements under law4 ,however1 a notice on any such transfer shall be provided to the appropriate committees of ,congress4 7#c7 ,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 year1 including any limitation specified in an annual defense authorization ,act for such fiscal year4 #cjc4 ,department of ,state funding 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,state for fiscal years #bjbj through #bjbe such sums as may be necessary to carry out the operations and activities described in subsection 7b74 7b7 ,operations and activities described ,the operations and activities described in this subsection are the following3 7#a7 ,the operations and activities of any department or agency of the ,united ,states ,government 7other than the ,department of ,state7 in carrying out this ,act4 7#b7 ,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 ,act4 7c7 ,notification requirement 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts authorized to be appropriated by subsection 7a7 may not be obligated until #ae days after the date on which the ,president notifies the appropriate committees of ,congress of the ,president's intention to obligate such funds4 7#b7 ,waiver 7,a7 ,in general ,the ,secretary of ,state may waive the notification requirement under paragraph 7#a7 if the ,secretary determines that such a waiver is in the national security interests of the ,united ,states4 7,b7 ,notification requirement ,if the ,secretary exercises the authority provided under subparagraph 7,a7 to waive the notification requirement under paragraph 7#a71 the ,secretary shall notify the appropriate committees of ,congress of the ,president's intention to obligate amounts authorized to be appropriated by subsection 7a7 as soon as practicable1 but not later than #c days after obligating such funds4 7d7 ,transfer authority 7#a7 ,in general ,the ,secretary of ,state may transfer funds authorized to be appropriated by subsection 7a7 to any other department or agency of the ,united ,states ,government to carry out this ,act4 7#b7 ,notice requirements ,any transfer under this subsection shall not be subject to any reprogramming requirements under law4 ,however1 a notice on any such transfer shall be provided to the appropriate committees of ,congress4 #cjd4 ,department of the ,treasury funding 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of the ,treasury for fiscal years #bjbj through #bjbe such sums as may be necessary to carry out the operations and activities described in subsection 7b74 7b7 ,operations and activities described ,the operations and activities described in this subsection are the following3 7#a7 ,the operations and activities of any department or agency of the ,united ,states ,government 7other than the ,department of the ,treasury7 in carrying out this ,act4 7#b7 ,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 ,act4 7c7 ,notification requirement 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts authorized to be appropriated by subsection 7a7 may not be obligated until #ae days after the date on which the ,president notifies the appropriate committees of ,congress of the ,president's intention to obligate such funds4 7#b7 ,waiver 7,a7 ,in general ,the ,secretary of the ,treasury may waive the notification requirement under paragraph 7#a7 if the ,secretary determines that such a waiver is in the national security interests of the ,united ,states4 7,b7 ,notification requirement ,if the ,secretary exercises the authority provided under subparagraph 7,a7 to waive the notification requirement under paragraph 7#a71 the ,secretary shall notify the appropriate committees of ,congress of the ,president's intention to obligate amounts authorized to be appropriated by subsection 7a7 as soon as practicable1 but not later than #c days after obligating such funds4 7d7 ,transfer authority 7#a7 ,in general ,the ,secretary of the ,treasury may transfer funds authorized to be appropriated by subsection 7a7 to any other department or agency of the ,united ,states ,government to carry out this ,act4 7#b7 ,notice requirements ,any transfer under this subsection shall not be subject to any reprogramming requirements under law4 ,however1 a notice on any such transfer shall be provided to the appropriate committees of ,congress4 #cje4 ,appropriate committees of ,congress defined ,in this title1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 the ,select ,committee on ,intelligence1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on ,appropriations of the ,house of ,representatives4