Synthetic drug and fentanyl authorities

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1. A priority on synthetic drugs

Recent additions to the narcotics control chapter of the Foreign Assistance Act focus on synthetic drugs. The Secretary of State shall prioritize efforts of the Department of State to combat international trafficking of covered synthetic drugs (22 U.S.C. 2291l(a)). The programs listed include support for data collection, such as drug use surveys, increased use of wastewater testing where appropriate, and multilateral sharing of that data (22 U.S.C. 2291l(a)(1)).

They also include consultation with the European Monitoring Centre for Drugs and Drug Addiction, regulatory agencies in foreign countries, and the United Nations Office on Drugs and Crime (22 U.S.C. 2291l(a)(2)). Technical assistance and equipment to strengthen foreign law enforcement capacity are provided as required by section 2291m (22 U.S.C. 2291l(a)(3)). Exchange programs on demand reduction are provided as required by section 2291n (22 U.S.C. 2291l(a)(4)).

A report on implementation was due not later than one year after December 23, 2022 (22 U.S.C. 2291l(b)(1)). For that report, the appropriate congressional committees are the Committees on Foreign Relations, Appropriations and the Judiciary of the Senate, and the corresponding House committees (22 U.S.C. 2291l(b)(2)).

2. Building foreign law enforcement capacity

Notwithstanding section 2420, the Secretary of State shall establish a program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs (22 U.S.C. 2291m(a)). The aim includes helping them identify and track those drugs and improve their forensics detection capabilities. Technical assistance and equipment are prioritized for countries where they would have the most impact in reducing illicit use of covered synthetic drugs in the United States (22 U.S.C. 2291m(b)).

Three groups of countries are eligible (22 U.S.C. 2291m(c)). They are countries that produce covered synthetic drugs, countries whose pharmaceutical and chemical industries are known to be exploited for development or procurement of precursors, and major drug-transit countries as defined by the Secretary of State. No assistance may be provided to the People’s Republic of China or to any of its law enforcement agencies (22 U.S.C. 2291m(d)). The authorization of appropriations is $4,000,000 for each of fiscal years 2023 through 2027 (22 U.S.C. 2291m(e)).

3. Exchanges on demand reduction

The Secretary of State shall establish, or continue and strengthen as appropriate, an exchange program for governmental and nongovernmental personnel on demand reduction matters (22 U.S.C. 2291n(a)). The program is limited to individuals who have expertise and experience in those matters (22 U.S.C. 2291n(b)(1)). Inbound exchanges may be carried out through programs of the Bureau of Educational and Cultural Affairs, including the International Visitor Leadership Program, in coordination with the Bureau of International Narcotics and Law Enforcement Affairs (22 U.S.C. 2291n(b)(2)).

The program shall include outbound exchanges for governmental or nongovernmental personnel in the United States (22 U.S.C. 2291n(b)(3)). The authorization of appropriations is $1,000,000 for each of fiscal years 2023 through 2027 (22 U.S.C. 2291n(c)).

4. The Precursor Chemical Destruction Initiative

The fentanyl section defines beneficiary countries as Colombia, Mexico and Peru (22 U.S.C. 2291o(a)(2)(A)). The Secretary may add or remove countries from that list after consulting the Attorney General and the Secretary of Defense, and giving written notice to the appropriate committees (22 U.S.C. 2291o(a)(2)(B)). Listed chemical has the meaning given in section 802 of title 21 (22 U.S.C. 2291o(a)(3)).

The Secretary, with the Secretary of Defense and the Attorney General, may carry out the Precursor Chemical Destruction Initiative in beneficiary countries (22 U.S.C. 2291o(b)). Its purposes include improving and increasing rates of seizure and destruction of listed chemicals (22 U.S.C. 2291o(c)(1)). They also include alleviating the backlog of seized listed chemicals and disposing of the hazardous waste generated by illicit drug trafficking (22 U.S.C. 2291o(c)(2)). One aim is to ensure that seized listed chemicals are not reintroduced into the illicit drug production stream (22 U.S.C. 2291o(c)(3)).

5. Plan and annual updates

An implementation plan was due not later than 90 days after December 23, 2024 (22 U.S.C. 2291o(d)). The plan includes a multi-year strategy with a timeline, an overview of objectives, budgetary projections and anticipated outcomes (22 U.S.C. 2291o(e)(1)). It sets specific, measurable benchmarks to track progress (22 U.S.C. 2291o(e)(2)). It delineates the roles of the Department of State, the Department of Justice, the Department of Defense and other agencies (22 U.S.C. 2291o(e)(3)). And it addresses security and government corruption (22 U.S.C. 2291o(e)(4)).

Not later than one year after the plan is submitted, and annually thereafter, an update is provided (22 U.S.C. 2291o(f)). It covers implementation of the strategy, compliance with the benchmarks, and the type and quantity of listed chemicals destroyed by each beneficiary country (22 U.S.C. 2291o(f)(1), 22 U.S.C. 2291o(f)(2) and 22 U.S.C. 2291o(f)(3)). To carry out the initiative, the Secretary uses amounts otherwise appropriated for International Narcotics Control and Law Enforcement programs managed by the Department (22 U.S.C. 2291o(g)).

6. Where the definitions come from

The chapter’s general definitions apply across these provisions. A covered synthetic drug is defined by reference to section 5558 of the FENTANYL Results Act (22 U.S.C. 2291(e)(9)). A precursor chemical has the same meaning as a listed chemical under section 802(33) of title 21 (22 U.S.C. 2291(e)(6)). Synthetic drugs also shape the country definitions. A major illicit drug producing country includes one that is a significant source of illicit synthetic opioids significantly affecting the United States (22 U.S.C. 2291(e)(2)(D)). It also includes a significant direct source of covered synthetic drugs, counting precursor chemicals used to produce them (22 U.S.C. 2291(e)(2)(E)). The transit definition likewise turns on covered synthetic drugs and other controlled substances that significantly affect the United States and pass through the country (22 U.S.C. 2291(e)(5)). The annual strategy report now also identifies the most significant sources of illicit fentanyl, xylazine and fentanyl analogues, to the extent feasible (22 U.S.C. 2291h(a)(11)(A)). For the 2291o initiative, the appropriate committees include the Senate Committee on Homeland Security and Governmental Affairs and the Armed Services Committees, among others (22 U.S.C. 2291o(a)(1)). The wider program is covered in how international narcotics control assistance works.

Key terms

Covered synthetic drug	A term defined by reference to the FENTANYL Results Act.
Capacity program	Assistance to foreign law enforcement on synthetic drug detection.
Demand reduction exchange	Inbound and outbound exchanges for experts on reducing drug use.
Beneficiary countries	Colombia, Mexico and Peru, subject to change by the Secretary.
Listed chemical	A chemical as defined in 21 U.S.C. 802.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Programs against synthetic drugs need support in hard places. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.