Sec. 7221. COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING
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## SEC. 7221 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 Combating 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 Director of the Office of National Drug Control Policy. ######
(ii)The Administrator of the Drug Enforcement Administration. ######
(iii)The Secretary of Homeland Security. ######
(iv)The Secretary of Defense. ######
(v)The Secretary of the Treasury. ######
(vi)The Secretary of State. ######
(vii)The Director of National Intelligence. ######
(viii)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. ######
(ix)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. ######
(x)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. ######
(xi)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
(viii)through
(xi)of subparagraph
(A)shall be individuals who are nationally recognized for expertise, knowledge, or experience in— ######
(I)transnational criminal organizations conducting synthetic opioid trafficking; ######
(II)the production, manufacturing, distribution, sale, or transportation of synthetic opioids; or ######
(III)relations between— ######
(aa)the United States; and ######
(bb)the People’s Republic of China, Mexico, or any other country of concern with respect to trafficking in synthetic opioids. ######
(ii)An official who appoints members of the Commission may not appoint an individual as a member of the Commission if the individual possesses any personal or financial interest in the discharge of any of the duties of the Commission. ######
(iii)######
(I)All members of the Commission described in clause
(i)shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information. ######
(II)For the purpose of facilitating the activities of the Commission, the Director of National Intelligence shall expedite to the fullest degree possible the processing of security clearances that are necessary for members of the Commission. ####
(2)Co-chairs #####
(A)In general The Commission shall have 2 co-chairs, selected from among the members of the Commission, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party. #####
(B)Selection The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives. ###
(c)Duties The duties of the Commission are as follows: ####
(1)To define the core objectives and priorities of the strategic approach described in subsection (a)(1). ####
(2)To weigh the costs and benefits of various strategic options to combat the flow of synthetic opioids from the People’s Republic of China, Mexico, and other countries of concern with respect to trafficking in synthetic opioids. ####
(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 Mexico, the People’s Republic of China, India, and other countries of concern with respect to the exportation of contaminated or counterfeit drugs. ####
(8)To report on how the United States could work more effectively with subnational 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 Provided to Commission ####
(1)Information relating to national security #####
(A)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. #####
(B)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. ####
(2)Information provided by congress The Commission may obtain information from any Member, committee, or office of Congress, including information related to the national security of the United States, only with the consent of the Member, committee, or office involved and only in accordance with any applicable rules and procedures of the House of Representatives or Senate (as the case may be) governing the provision of such information by Members, committees, and offices of Congress to entities in the executive branch. ###
(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 390 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)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
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Sec. 7221
COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING
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