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H.R. 10138

U.S. House•In House Committee

Summary

H.R. 10138, the CCP Fentanyl Sanctions Act, was introduced in the House on Aug 24, 2026 by Rep. Jake Auchincloss (D) with 3 co-sponsors. It was referred to Foreign Affairs, and last saw action on Aug 24, 2026: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Record

Text

H.R. 10138 has 3 co-sponsors.

hb10138/introduced.txt
I
  119TH CONGRESS
  2D SESSION
  H. R. 10138
  To authorize sanctions relating to the production and distribution of illicit
  synthetic narcotics by the People’s Republic of China.
  IN THE HOUSE OF REPRESENTATIVES
  AUGUST 24, 2026
  Mr. AUCHINCLOSS (for himself, Mr. NEWHOUSE, Mr. MOOLENAAR, and Mr.
  KHANNA) introduced the following bill; which was referred to the Com-
  mittee on Foreign Affairs, and in addition to the Committees on Finan-
  cial Services, Oversight and Government Reform, and the Judiciary, for
  a period to be subsequently determined by the Speaker, in each case for
  consideration of such provisions as fall within the jurisdiction of the com-
  mittee concerned
  A BILL
  To authorize sanctions relating to the production and dis-
  tribution of illicit synthetic narcotics by the People’s
  Republic of China.
Be it enacted by the Senate and House of Representa-
  2 tives of the United States of America in Congress assembled,
   SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘CCP Fentanyl Sanc-
  5 tions Act’’.
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   SEC. 2. CODIFICATION OF EXECUTIVE ORDER 14059.
United States sanctions provided for in Executive
  3 Order 14059 (86 Fed. Reg. 71549; Imposing Sanctions
  4 on Foreign Persons Involved in the Global Illicit Drug
  5 Trade), as in effect on the day before the date of the en-
  6 actment of this Act, shall remain in effect and continue
  7 to apply.
   SEC. 3. AUTHORIZATION OF SANCTIONS.
(a) IN GENERAL.—On and after the date that is 180
  10 days after the date of the enactment of this Act, the Presi-
  11 dent is authorized to impose the sanction described in sub-
  12 section (b) with respect to a foreign person if the Presi-
  13 dent determines that the person—
(1) has engaged in, or attempted to engage in,
activities or transactions in the People’s Republic of
China, including in Hong Kong and Macau, or with
respect to persons domiciled in, organized under the
laws of, or with their principal place of business in
such jurisdictions, that have contributed to, or pose
a significant risk of contributing to, the inter-
national proliferation of illicit synthetic narcotics or
their means of production;
(2) has knowingly or with reckless disregard
has received any property or interest in property
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that—
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(A) constitutes or is derived from proceeds
of activities or transactions in the People’s Re-
public of China, including in Hong Kong and
Macau, or with respect to persons domiciled in,
organized under the laws of, or with their prin-
cipal place of business in such jurisdictions,
that have materially contributed to, or pose a
significant risk of materially contributing to,
the international proliferation of illicit synthetic
narcotics or their means of production; or
(B) was used or may have been intended
to be used to commit or to facilitate activities
or transactions in the People’s Republic of
China, including in Hong Kong and Macau, or
with respect to persons domiciled in, organized
under the laws of, or with their principal place
of business in such jurisdictions, that have ma-
terially contributed to, or pose a significant risk
of materially contributing to, the international
proliferation of illicit synthetic narcotics or
their means of production;
(3) is a PRC owned or operated port or ship
that, knowingly or with reckless disregard, facilitates
the shipment and transportation of illicit synthetic
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narcotics or their precursors (including in such cir-
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cumstances where those precursors are improperly
labeled during the customs process);
(4) is a PRC entity that produces illicit syn-
thetic narcotics or their precursors and, knowingly
or with reckless disregard, sells those precursors to
persons involved in the proliferation of illicit syn-
thetic narcotics;
(5) is a PRC online marketplace that, know-
ingly or with reckless disregard, facilitates the sale
of, exchange of, shipment of, transshipment of, con-
veyance of, or payment for illicit synthetic narcotics;
(6) is a covered PRC government entity;
(7) is a PRC entity that knowingly or with
reckless disregard, provides material support related
to illicit synthetic narcotics to a covered PRC gov-
ernment entity;
(8) has established an entity that engages in,
has engaged in, or is designed to engage in evading
sanctions that would otherwise be imposed pursuant
to this Act; or
(9) is acting directly or indirectly for or on be-
half of a person referred to in paragraphs (1)
through (8).
(b) SANCTION DESCRIBED.—
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(1) IN GENERAL.—The sanction described in
this subsection is the exercise all of the powers
granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit
all transactions in property and interests in property
of a foreign person if such property or interests in
property are in the United States, come within the
United States, or are or come within the possession
or control of a United States person.
(2) IMPLEMENTATION.—The President may ex-
ercise the authorities provided to the President
under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to the extent necessary to carry out this
section.
(3) PENALTIES.—The penalties provided for in
subsections (b) and (c) of section 206 of the Inter-
national Emergency Economic Powers Act (50
U.S.C. 1705) shall apply to any person who violates,
attempts to violate, conspires to violate, or causes a
violation of any prohibition of this section, or an
order or regulation prescribed under this section, to
the same extent that such penalties apply to a per-
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son that commits an unlawful act described in sec-
tion 206(a) of such Act (50 U.S.C. 1705(a)).
(4) EXCEPTIONS.—
(A) EXCEPTION FOR INTELLIGENCE AND
LAW  ENFORCEMENT  ACTIONS.—Sanctions
under this section shall not apply with respect
to—
(i) any activity subject to the report-
ing requirements under title V of the Na-
tional Security Act of 1947 (50 U.S.C.
3091 et seq.); or
(ii) any authorized intelligence or law
enforcement activities of the United States.
(B) EXCEPTION RELATING TO IMPORTA-
TION OF GOODS.—
(i) IN GENERAL.—The authorities and
requirements to impose sanctions author-
ized under this section shall not include
the authority or requirement to impose
sanctions on the importation of goods.
(ii) GOOD DEFINED.—In this subpara-
graph, the term ‘‘good’’ means any article,
natural or manmade substance, material,
supply or manufactured product, including
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inspection and test equipment, and exclud-
ing technical data.
(c) WAIVER.—The President may waive the applica-
  4 tion of sanctions under this section with respect to a for-
  5 eign person for renewable periods of not more than 180
  6 days each if the President determines and reports to Con-
  7 gress that such a waiver is in national interests of the
  8 United States.
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
  10 tion may be construed to limit the authority of the Presi-
  11 dent to designate or sanction persons pursuant to an ap-
  12 plicable Executive order or a Federal statute, including
  13 the International Emergency Economic Powers Act (50
  14 U.S.C. 1701 et seq.).
(e) CONSIDERATION OF CERTAIN INFORMATION IN
  16 IMPOSING SANCTIONS.—In determining whether to im-
  17 pose sanctions under subsection (a), the President shall
  18 consider—
(1) information provided jointly by the chair-
person and ranking member of each of the appro-
priate congressional committees; and
(2) credible information obtained by other coun-
tries and nongovernmental organizations that mon-
itor violations of human rights.
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(f) REQUESTS BY APPROPRIATE CONGRESSIONAL
  2 COMMITTEES.—
(1) IN GENERAL.—Not later than 120 days
after receiving a request that meets the require-
ments of paragraph (2) with respect to whether a
foreign person has engaged in an activity described
in subsection (a), the President shall—
(A) determine if that person has engaged
in such an activity; and
(B) submit a classified or unclassified re-
port to the chairperson and ranking member of
the committee or committees that submitted the
request with respect to that determination that
includes—
(i) a statement of whether or not the
President imposed or intends to impose
sanctions with respect to the person; and
(ii) if the President imposed or in-
tends to impose sanctions, a description of
those sanctions.
(2) REQUIREMENTS.—A request under para-
graph (1) with respect to whether a foreign person
has engaged in an activity described in subsection
(a) shall be submitted to the President in writing
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jointly by the chairperson and ranking member of
one of the appropriate congressional committees.
   SEC. 4. FINANCIAL SANCTIONS.
The Secretary of the Treasury may, in consultation
  5 with the Secretary of State, prohibit the opening of, or
  6 impose strict conditions on the maintenance of, cor-
  7 respondent accounts or payable-through accounts in the
  8 United States by a foreign financial institution that the
  9 President determines has, on or after the date of the en-
  10 actment of this Act, knowingly conducted or facilitated a
  11 significant transaction or transactions on behalf of a for-
  12 eign person described in section 3(a).
    SEC. 5. DEFINITIONS.
In this Act:
(1) APPROPRIATE  CONGRESSIONAL  COMMIT-
TEES.—The  term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Banking, Housing,
and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and
the Select Committee on Strategic Competition
Between the United States and the Chinese
Communist Party of the House of Representa-
tives.
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(2) COVERED PRC GOVERNMENT ENTITY.—The
term ‘‘covered PRC government entity’’ includes—
(A) the PRC government, a PRC govern-
ment official, or any entity or instrumentality
thereof, that is identified by the United States
Government as knowingly or recklessly facili-
tating the flow of illicit synthetic narcotics into
the United States or otherwise providing mate-
rial support to a foreign person described in
section 3(a);
(B) any subsidiary, affiliate, or successor
of an entity described in subparagraph (A); and
(C) any person owned or controlled by, or
that provides material support to or for, or re-
ceives material support from an entity described
in subparagraph (A).
(3) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States
person.
(4) ILLICIT SYNTHETIC NARCOTICS.—The term
‘‘illicit synthetic narcotics’’ means—
(A) controlled substances, as such term is
defined in section 102(6) of the Controlled Sub-
stances Act (21 U.S.C. 802(6)), with the excep-
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tion of—
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(i) substances of natural origins; and
(ii) medications that are lawful under
the laws of the United States and the
Drug Enforcement Administration has pro-
vided an import permit to the importing
organization for the import of such medi-
cation;
(B) listed chemicals, as such term is de-
fined in section 102(33) of the Controlled Sub-
stances Act (21 U.S.C. 802(33)); and
(C) active pharmaceutical ingredients or
chemicals that are used in the production of
controlled substances described in subpara-
graphs (A) and (B).
(5) 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.
(6) PRC.—The term ‘‘PRC’’ means the Peo-
ple’s Republic of China.
(7)       UNITED  STATES  PERSON.—The  term
‘‘United States person’’ means any United States
citizen, permanent resident alien, an entity orga-
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nized under the laws of the United States or any ju-
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risdiction within the United States (including a for-
eign branch of such an entity), or any person in the
United States.
  Æ
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Tracker

The tracker indicates the progress of this legislation as it moves through the legislative process.

  1. Introduced2026-08-24
  2. Passed House
  3. Passed Senate
  4. Conference
  5. To President
  6. Became Law

To authorize sanctions relating to the production and distribution of illicit synthetic narcotics by the People's Republic of China.

Sponsors

Rep. Jake Auchincloss (D) sponsors H.R. 10138, and 3 members have co-sponsored it, all of them from the day it was introduced.

Committees

H.R. 10138 went before 4 committees: Judiciary, Oversight and Government Reform, Financial Services and Foreign Affairs.

Judiciary
Judiciary
Referred To · Aug 24, 2026 · 2,181 Bills
Oversight and Government Reform
Oversight and Government Reform
Referred To · Aug 24, 2026 · 696 Bills
Financial Services
Financial Services
Referred To · Aug 24, 2026 · 559 Bills
Foreign Affairs
Foreign Affairs
Referred To · Aug 24, 2026 · 658 Bills

Actions

H.R. 10138 has taken 2 actions since Aug 24, 2026.

ChamberAction
Aug 24, 2026
House
Introduced in House
Aug 24, 2026
House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.Foreign Affairs Committee

Votes

H.R. 10138 has not gone to a roll call.

1 bill is related to H.R. 10138, as Cross-Congress related bill.

Titles

H.R. 10138 goes by 3 titles, 1 of them short titles.

  • CCP Fentanyl Sanctions Act — Short Title(s) as Introduced
  • CCP Fentanyl Sanctions Act — Display Title
  • To authorize sanctions relating to the production and distribution of illicit synthetic narcotics by the People's Republic of China. — Official Title as Introduced

Classification

The Congressional Research Service files H.R. 10138 under International Affairs, one of its 31 policy areas.

CRS Subjects

CRS assigns every bill one policy area from its 31; H.R. 10138’s is International Affairs.

hr10138/policy-areas.txt
International AffairsAgriculture and FoodAnimalsArmed Forces and National SecurityArts, Culture, ReligionCivil Rights and Liberties, Minority IssuesCommerceCongressCrime and Law EnforcementEconomics and Public FinanceEducationEmergency ManagementEnergyEnvironmental ProtectionFamiliesFinance and Financial SectorForeign Trade and International FinanceGovernment Operations and PoliticsHealthHousing and Community DevelopmentImmigrationLabor and EmploymentLawNative AmericansPublic Lands and Natural ResourcesScience, Technology, CommunicationsSocial WelfareSports and RecreationTaxationTransportation and Public WorksWater Resources Development

Constitutional authority

The clause the sponsor cites as Congress’s power to enact H.R. 10138, as entered in the Congressional Record.

[Congressional Record Volume 172, Number 135 (Monday, August 24, 2026)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. AUCHINCLOSS:H.R. 10138.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8 of the United States Constitution[Page H5252]

Source: congress.gov · legiscan.com