FENTANYL Results Act

II Calendar No. 403 117TH CONGRESS 2D SESSION S. 1160 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 SENATE OF THE UNITED STATES APRIL 15, 2021 Mrs. SHAHEEN (for herself and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations JUNE 14, 2022 Reported by Mr. MENENDEZ, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] 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 ‘‘FENTANYL Results Act’’. 6 VerDate Sep 11 2014 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1160 RS 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 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1160 RS 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 Relations 12 and the Committee on Appropriations of the 13 Senate. 14 (B) the Committee on Foreign Affairs and 15 the Committee on Appropriations of the House 16 of Representatives; and 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 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1160 RS 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 APPROPRIATIONS.—There is 19 authorized to be appropriated to the Secretary to carry 20 out this section $4,000,000 for each of the fiscal years 21 2022 through 2026. Such amounts shall be in addition 22 to amounts otherwise available for such purposes. 23 VerDate Sep 11 2014 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1160 RS 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 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1160 RS (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 fiscal years 2022 through 2026. Such amounts shall 7 be in addition to amounts otherwise available 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 inserting 14 after paragraph (9) the following new paragraph: 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 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1160 RS 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 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1160 RS ‘‘(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 the following: ‘‘means— 16 ‘‘(A) a country in which—’’; 17 (B) by redesignating subparagraphs (A), 18 (B), and (C) as clauses (i), (ii), and (iii), re- 19 spectively, and moving such clauses, as so re- 20 designated, two ems to the right; 21 (C) in subparagraph (A)(iii), as redesig- 22 nated by this paragraph, by striking the semi- 23 colon at the end and inserting ‘‘; or’’; and 24 VerDate Sep 11 2014 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1160 RS (D) by adding at the end the following new 1 subparagraph: 2 ‘‘(B) a country which is a significant direct 3 source of illicit narcotic or psychotropic drugs 4 or other controlled substances significantly af- 5 fecting the United States;’’; and 6 (2) by amending paragraph (5) to read as fol- 7 lows: 8 ‘‘(5) the term ‘major drug-transit country’ 9 means a country through which are transported il- 10 licit narcotic or psychotropic drugs or other con- 11 trolled substances significantly affecting the United 12 States.’’. 13 SEC. 6. SENSE OF CONGRESS. 14 It is the sense of Congress that— 15 (1) the President should direct the United 16 States Representative to the United Nations to use 17 the voice and vote of the United States at the 18 United Nations to advocate for more transparent as- 19 sessments of countries by the International Nar- 20 cotics Control Board; and 21 (2) bilateral, plurilateral, and multilateral inter- 22 national cooperation is essential to combating the 23 trafficking of covered synthetic drugs. 24 VerDate Sep 11 2014 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1160 RS SEC. 7. DEFINITIONS. 1 In this Act: 2 (1) The term ‘‘covered synthetic drug’’ means— 3 (A) a synthetic controlled substance (as de- 4 fined in section 102(6) of the Controlled Sub- 5 stances Act (21 U.S.C. 802(6))), including 6 fentanyl or a fentanyl analogue; or 7 (B) a new psychoactive substance. 8 (2) The term ‘‘new psychoactive substance’’ 9 means a substance of abuse, or any preparation 10 thereof, that— 11 (A) is not— 12 (i) included in any schedule as a con- 13 trolled substance under the Controlled 14 Substances Act (21 U.S.C. 801 et seq.); or 15 (ii) controlled by the Single Conven- 16 tion on Narcotic Drugs, done at New York 17 March 30, 1961, or the Convention on 18 Psychotropic Substances, done at Vienna 19 February 21, 1971; 20 (B) is new or has reemerged on the illicit 21 market; and 22 (C) poses a threat to the public health and 23 safety. 24 VerDate Sep 11 2014 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1160 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Fighting Emerging Nar- 2 cotics Through Additional Nations to Yield Lasting Results 3 Act’’ or the ‘‘FENTANYL Results Act’’. 4 SEC. 2. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT 5 OF STATE TO COMBAT INTERNATIONAL TRAF- 6 FICKING IN COVERED SYNTHETIC DRUGS. 7 (a) IN GENERAL.—The Secretary of State shall 8 prioritize efforts of the Department of State to combat inter- 9 national trafficking of covered synthetic drugs by carrying 10 out programs and activities to include the following: 11 (1) Supporting increased data collection by the 12 United States and foreign countries through increased 13 drug use surveys among populations, increased use of 14 wastewater testing where appropriate, and multilat- 15 eral sharing of that data. 16 (2) Engaging in increased consultation and 17 partnership with international drug agencies, includ- 18 ing the European Monitoring Centre for Drugs and 19 Drug Addiction, regulatory agencies in foreign coun- 20 tries, and the United Nations Office on Drugs and 21 Crime. 22 (3) Carrying out programs to provide technical 23 assistance and equipment, as appropriate, to 24 strengthen the capacity of foreign law enforcement 25 VerDate Sep 11 2014 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1160 RS agencies with respect to covered synthetic drugs, as re- 1 quired by section 3. 2 (4) Carrying out exchange programs for govern- 3 mental and nongovernmental personnel in the United 4 States and in foreign countries to provide educational 5 and professional development on demand reduction 6 matters relating to the illicit use of covered synthetic 7 drugs and other drugs, as required by section 4. 8 (b) REPORT.— 9 (1) IN GENERAL.—Not later than one year after 10 the date of the enactment of this Act, the Secretary of 11 State shall submit to the appropriate congressional 12 committees a report on the implementation of this 13 section. 14 (2) APPROPRIATE CONGRESSIONAL COMMITTEES 15 DEFINED.—In this subsection, the term ‘‘appropriate 16 congressional committees’’ means— 17 (A) the Committee on Foreign Relations 18 and the Committee on Appropriations of the 19 Senate; and 20 (B) the Committee on Foreign Affairs and 21 the Committee on Appropriations of the House of 22 Representatives. 23 VerDate Sep 11 2014 23:13 Jun 14, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S1160.RS S1160 pamtmann on DSKBC07HB2PROD wit [Text truncated for display. Full text available on Congress.gov.]