FENTANYL Results Act

I 117TH CONGRESS 1ST SESSION H. R. 2538 To prioritize efforts of the Department of State to combat international trafficking in covered synthetic drugs and new psychoactive substances, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 14, 2021 Mr. TRONE (for himself and Mr. MCCAUL) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prioritize efforts of the Department of State to combat international trafficking in covered synthetic drugs and new psychoactive substances, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fighting Emerging 4 Narcotics Through Additional Nations to Yield Lasting 5 Results Act’’ or the ‘‘FENTANYL Results Act’’. 6 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2538 IH SEC. 2. PRIORITIZATION OF EFFORTS OF THE DEPART- 1 MENT OF STATE TO COMBAT INTER- 2 NATIONAL TRAFFICKING IN COVERED SYN- 3 THETIC DRUGS. 4 (a) IN GENERAL.—The Secretary of State shall 5 prioritize efforts of the Department of State to combat 6 international trafficking in covered synthetic drugs by car- 7 rying out programs and activities to include the following: 8 (1) Supporting increased data collection by the 9 United States and foreign countries through in- 10 creased drug use surveys among populations, in- 11 creased use of wastewater testing where appropriate, 12 and multilateral sharing of that data. 13 (2) Engaging in increased consultation and 14 partnership with international drug agencies, includ- 15 ing the European Monitoring Centre for Drugs and 16 Drug Addiction, and regulatory agencies in foreign 17 countries. 18 (3) Carrying out the program to provide assist- 19 ance to build the capacity of foreign law enforcement 20 agencies with respect to covered synthetic drugs, as 21 required by section 3. 22 (4) Carrying out exchange programs for govern- 23 mental and nongovernmental personnel in the 24 United States and in foreign countries to provide 25 educational and professional development on demand 26 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2538 IH reduction matters relating to the illicit use of nar- 1 cotics and other drugs, as required by section 4. 2 (b) REPORT.— 3 (1) IN GENERAL.—Not later than one year 4 after the date of the enactment of this Act, the Sec- 5 retary of State shall submit to the appropriate con- 6 gressional committees a report on the implementa- 7 tion of this section. 8 (2) APPROPRIATE CONGRESSIONAL COMMIT- 9 TEES DEFINED.—In this subsection, the term ‘‘ap- 10 propriate congressional committees’’ means— 11 (A) the Committee on Foreign Affairs and 12 the Committee on Appropriations of the House 13 of Representatives; and 14 (B) the Committee on Foreign Relations 15 and the Committee on Appropriations of the 16 Senate. 17 SEC. 3. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE 18 CAPACITY OF FOREIGN LAW ENFORCEMENT 19 AGENCIES WITH RESPECT TO COVERED SYN- 20 THETIC DRUGS. 21 (a) IN GENERAL.—Notwithstanding section 660 of 22 the Foreign Assistance Act of 1961 (22 U.S.C. 2420), the 23 Secretary of State shall establish a program to provide as- 24 sistance to build the capacity of law enforcement agencies 25 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2538 IH of the countries described in subsection (c) to help such 1 agencies to identify, track, and improve their forensics de- 2 tection capabilities with respect to covered synthetic drugs. 3 (b) PRIORITY.—The Secretary of State shall 4 prioritize assistance under subsection (a) among those 5 countries described in subsection (c) in which such assist- 6 ance would have the most impact in reducing illicit use 7 of covered synthetic drugs in the United States. 8 (c) COUNTRIES DESCRIBED.—The foreign countries 9 described in this subsection are— 10 (1) countries that are producers of covered syn- 11 thetic drugs; 12 (2) countries whose pharmaceutical and chem- 13 ical industries are known to be exploited for develop- 14 ment or procurement of precursors of covered syn- 15 thetic drugs; or 16 (3) major drug-transit countries as defined by 17 the President. 18 (d) AUTHORIZATION OF ADDITIONAL APPROPRIA- 19 TIONS.—There is authorized to be appropriated to the 20 Secretary to carry out this section $4,000,000 for each 21 of the fiscal years 2022 through 2026 and such amounts 22 shall be in addition to amounts authorized for such pur- 23 poses. 24 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2538 IH SEC. 4. EXCHANGE PROGRAM FOR GOVERNMENTAL AND 1 NONGOVERNMENTAL PERSONNEL TO PRO- 2 VIDE EDUCATIONAL AND PROFESSIONAL DE- 3 VELOPMENT ON DEMAND REDUCTION MAT- 4 TERS RELATING TO ILLICIT USE OF NAR- 5 COTICS AND OTHER DRUGS. 6 (a) IN GENERAL.—The Secretary of State shall es- 7 tablish or continue and strengthen, as appropriate, an ex- 8 change program for governmental and nongovernmental 9 personnel in the United States and in foreign countries 10 to provide educational and professional development on 11 demand reduction matters relating to the illicit use of nar- 12 cotics and other drugs. 13 (b) PROGRAM REQUIREMENTS.—The program re- 14 quired by subsection (a)— 15 (1) shall be limited to individuals who have ex- 16 pertise and experience in matters described in sub- 17 section (a); 18 (2) in the case of inbound exchanges, may be 19 carried out as part of exchange programs and inter- 20 national visitor programs administered by the Bu- 21 reau of Educational and Cultural Affairs of the De- 22 partment of State, including the International Vis- 23 itor Leadership Program in consultation or coordi- 24 nation with the Bureau of International Narcotics 25 and Law Enforcement Affairs; and 26 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2538 IH (3) shall include outbound exchanges for gov- 1 ernmental or nongovernmental personnel in the 2 United States. 3 (c) AUTHORIZATION OF ADDITIONAL APPROPRIA- 4 TIONS.—There is authorized to be appropriated to the 5 Secretary to carry out this section $1,000,000 for each 6 of the fiscal years 2022 through 2026 and such amounts 7 shall be in addition to amounts authorized for such pur- 8 poses. 9 SEC. 5. AMENDMENTS TO INTERNATIONAL NARCOTICS 10 CONTROL PROGRAM. 11 (a) INTERNATIONAL NARCOTICS CONTROL STRAT- 12 EGY REPORT.—Section 489(a) of the Foreign Assistance 13 Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding 14 at the end the following: 15 ‘‘(10) SYNTHETIC OPIOIDS AND NEW 16 PSYCHOACTIVE SUBSTANCES.— 17 ‘‘(A) SYNTHETIC OPIOIDS.—Information 18 that contains an assessment of the countries 19 significantly involved in the manufacture, pro- 20 duction, or transshipment of synthetic opioids, 21 including fentanyl and fentanyl analogues, to 22 include the following: 23 ‘‘(i) The scale of legal domestic pro- 24 duction and any available information on 25 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2538 IH the number of manufacturers and pro- 1 ducers of such opioids in such countries. 2 ‘‘(ii) Information on any law enforce- 3 ment assessments of the scale of illegal 4 production, including a description of the 5 capacity of illegal laboratories to produce 6 such opioids. 7 ‘‘(iii) The types of inputs used and a 8 description of the primary methods of syn- 9 thesis employed by illegal producers of 10 such opioids. 11 ‘‘(iv) An assessment of the policies of 12 such countries to regulate licit manufac- 13 ture and interdict illicit manufacture, di- 14 version, distribution, and shipment of such 15 opioids and an assessment of the effective- 16 ness of the policies’ implementation. 17 ‘‘(B) NEW PSYCHOACTIVE SUBSTANCES.— 18 Information on, to the extent practicable, any 19 policies of responding to new psychoactive sub- 20 stances (as such term is defined in section 7 of 21 the FENTANYL Results Act), to include the 22 following: 23 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2538 IH ‘‘(i) Which governments have articu- 1 lated policies on scheduling of such sub- 2 stances. 3 ‘‘(ii) Any data on impacts of such 4 policies and other responses to such sub- 5 stances. 6 ‘‘(iii) An assessment of any policies 7 the United States could adopt to improve 8 its response to new psychoactive sub- 9 stances.’’. 10 (b) DEFINITION OF MAJOR ILLICIT DRUG PRO- 11 DUCING COUNTRY.—Section 481(e) of the Foreign Assist- 12 ance Act of 1961 (22 U.S.C. 2291(e)) is amended— 13 (1) in paragraph (2)— 14 (A) by striking ‘‘means a country in 15 which—’’ and inserting ‘‘means— 16 ‘‘(A) a country in which—’’; 17 (B) by striking ‘‘(A) 1,000’’ and inserting 18 the following: 19 ‘‘(i) 1,000’’; 20 (C) by striking ‘‘(B) 1,000’’ and inserting 21 the following: 22 ‘‘(ii) 1,000’’; 23 (D) by striking ‘‘(C) 5,000’’ and inserting 24 the following: 25 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2538 IH ‘‘(iii) 5,000’’; 1 (E) in subparagraph (A)(iii), as redesig- 2 nated by this subsection, by adding ‘‘or’’ at the 3 end; and 4 (F) by adding at the end the following: 5 ‘‘(B) a country which is a significant direct 6 source of illicit narcotic or psychotropic drugs 7 or other controlled substances significantly af- 8 fecting the United States.’’; and 9 (2) in paragraph (5) to read as follows: 10 ‘‘(5) the term ‘major drug-transit country’ 11 means a country through which are transported il- 12 licit narcotic or psychotropic drugs or other con- 13 trolled substances significantly affecting the United 14 States.’’. 15 SEC. 6. SENSE OF CONGRESS. 16 It is the sense of Congress that— 17 (1) the President should direct the United 18 States Representative to the United Nations to use 19 the voice and vote of the United States at the 20 United Nations to advocate for more transparent as- 21 sessments of countries by the International Nar- 22 cotics Control Board; and 23 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2538 IH (2) bilateral, plurilateral, and multilateral inter- 1 national cooperation is essential to combating the 2 trafficking of covered synthetic drugs. 3 SEC. 7. DEFINITION. 4 In this Act: 5 (1) The term ‘‘covered synthetic drug’’ means— 6 (A) a synthetic controlled substance (as de- 7 fined in section 102(6) of the Controlled Sub- 8 stances Act (21 U.S.C. 802(6))), including 9 fentanyl or a fentanyl analogue; or 10 (B) a new psychoactive substance. 11 (2) The term ‘‘new psychoactive substance’’ 12 means a substance of abuse, or any preparation 13 thereof, that— 14 (A) is not— 15 (i) included in any schedule as a con- 16 trolled substance under the Controlled 17 Substances Act (21 U.S.C. 801 et seq.); or 18 (ii) controlled by the Single Conven- 19 tion on Narcotic Drugs signed at New 20 York, New York, on March 30, 1961, or 21 the Convention on Psychotropic Substances 22 signed at Vienna, Austria, on February 21, 23 1971; 24 VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2538 IH (B) is new or has reemerged on the illicit 1 market; and 2 (C) poses a threat to the public health and 3 safety. 4 Æ VerDate Sep 11 2014 20:36 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2538.IH H2538 pbinns on DSKJLVW7X2PROD with BILLS