II 116TH CONGRESS 1ST SESSION S. 400 To gather information about the illicit production of illicit fentanyl in foreign countries and to withhold bilateral assistance from countries that do not have emergency scheduling procedures for new illicit drugs, cannot prosecute criminals for the manufacture or distribution of controlled substance analogues, or do not require the registration of tableting ma- chines and encapsulating machines. IN THE SENATE OF THE UNITED STATES FEBRUARY 7, 2019 Mr. TOOMEY (for himself and Mr. JONES) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To gather information about the illicit production of illicit fentanyl in foreign countries and to withhold bilateral assistance from countries that do not have emergency scheduling procedures for new illicit drugs, cannot pros- ecute criminals for the manufacture or distribution of controlled substance analogues, or do not require the registration of tableting machines and encapsulating ma- chines. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S400.IS S400 kjohnson on DSK79L0C42 with BILLS 2 •S 400 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Blocking Deadly 2 Fentanyl Imports Act’’. 3 SEC. 2. AMENDMENT TO DEFINITION OF MAJOR ILLICIT 4 DRUG PRODUCING COUNTRY. 5 Section 481(e)(2) of the Foreign Assistance Act of 6 1961 (22 U.S.C. 2291(e)(2)) is amended— 7 (1) in the matter preceding subparagraph (A), 8 by striking ‘‘in which’’; 9 (2) in subparagraph (A), by inserting ‘‘in 10 which’’ before ‘‘1,000’’; 11 (3) in subparagraph (B)— 12 (A) by inserting ‘‘in which’’ before 13 ‘‘1,000’’; and 14 (B) by striking ‘‘or’’ at the end; 15 (4) in subparagraph (C)— 16 (A) by inserting ‘‘in which’’ before 17 ‘‘5,000’’; and 18 (B) by inserting ‘‘or’’ after the semicolon; 19 and 20 (5) by adding at the end the following: 21 ‘‘(D) that is a significant source of illicit 22 fentanyl, fentanyl analogues, or the precursors 23 of fentanyl and fentanyl analogues;’’. 24 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S400.IS S400 kjohnson on DSK79L0C42 with BILLS 3 •S 400 IS SEC. 3. INTERNATIONAL NARCOTICS CONTROL STRATEGY 1 REPORT. 2 Section 489(a) of the Foreign Assistance Act of 1961 3 (22 U.S.C. 2291h(a)) is amended by adding at the end 4 the following: 5 ‘‘(9) A separate section that contains the fol- 6 lowing: 7 ‘‘(A) An identification of the countries that 8 are the most significant exporters of illicit 9 fentanyl, fentanyl analogues, and fentanyl pre- 10 cursor chemicals during the preceding calendar 11 year. 12 ‘‘(B) An identification of the countries that 13 are the most significant sources of diversion or 14 chemicals described in subparagraph (A) for il- 15 licit uses. 16 ‘‘(C) A description of the extent to which 17 each country identified pursuant to subpara- 18 graphs (A) and (B) has cooperated with the 19 United States to prevent the chemicals de- 20 scribed in subparagraph (A) from being ex- 21 ported from such country to the United 22 States.’’. 23 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S400.IS S400 kjohnson on DSK79L0C42 with BILLS 4 •S 400 IS SEC. 4. WITHHOLDING OF BILATERAL AND MULTILATERAL 1 ASSISTANCE. 2 (a) IN GENERAL.—Section 490(a) of the Foreign As- 3 sistance Act of 1961 (22 U.S.C. 2291j(a)) is amended— 4 (1) in paragraph (1), by striking ‘‘clause (i) or 5 (ii) of section 489(a)(8)(A) of this Act’’ and insert- 6 ing ‘‘paragraph (8)(A) or (9) of section 489(a)’’; and 7 (2) in paragraph (2), by striking ‘‘clause (i) or 8 (ii) of section 489(a)(8)(A) of this Act’’ and insert- 9 ing ‘‘paragraph (8)(A) or (9) of section 489(a)’’. 10 (b) DESIGNATION OF COUNTRIES WITHOUT EMER- 11 GENCY SCHEDULING PROCEDURES.—Section 706(2) of 12 the Foreign Relations Authorization Act, Fiscal Year 13 2003 (22 U.S.C. 2291j–1(2)) is amended— 14 (1) in the matter preceding subparagraph (A), 15 by striking ‘‘also’’; 16 (2) in subparagraph (A)(ii), by striking ‘‘and’’ 17 at the end; 18 (3) by redesignating subparagraph (B) as sub- 19 paragraph (E); 20 (4) by inserting after subparagraph (A) the fol- 21 lowing: 22 ‘‘(B) designate each country, if any, identi- 23 fied in such report that has failed to adopt and 24 utilize emergency scheduling procedures for new 25 illicit drugs and other synthetics that are com- 26 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S400.IS S400 kjohnson on DSK79L0C42 with BILLS 5 •S 400 IS parable to the procedures authorized under title 1 II of the Controlled Substances Act (21 U.S.C. 2 811 et seq.) for adding drugs and other sub- 3 stances to the controlled substances schedules;’’; 4 and 5 (5) in subparagraph (E), as redesignated, by 6 striking ‘‘so designated’’ and inserting ‘‘designated 7 under subparagraph (A), (B), (C), or (D)’’. 8 (c) DESIGNATION OF COUNTRIES WITHOUT ABILITY 9 TO PROSECUTE CRIMINALS FOR THE MANUFACTURE OR 10 DISTRIBUTION OF FENTANYL ANALOGUES.—Section 11 706(2) of the Foreign Relations Authorization Act, Fiscal 12 Year 2003 (22 U.S.C. 2291j–1(2)), as amended by sub- 13 section (b), is further amended by inserting after subpara- 14 graph (B) the following: 15 ‘‘(C) designate each country, if any, identi- 16 fied in such report that is incapable of pros- 17 ecuting criminals for the manufacture or dis- 18 tribution of controlled substance analogues (as 19 defined in section 102(32) of the Controlled 20 Substances Act (21 U.S.C. 802(32)) in the 21 same manner as criminals are prosecuted for 22 the manufacture or distribution of controlled 23 substances;’’. 24 VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S400.IS S400 kjohnson on DSK79L0C42 with BILLS 6 •S 400 IS (d) DESIGNATION OF COUNTRIES THAT DO NOT RE- 1 QUIRE THE REGISTRATION OF PILL PRESSES AND 2 TABLETING MACHINES.—Section 706(2) of the Foreign 3 Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 4 2291j–1(2)), as amended by subsections (b) and (c), is 5 further amended by inserting after subparagraph (C) the 6 following: 7 ‘‘(D) designate each country, if any, identi- 8 fied in such report that does not require the 9 registration of tableting machines and encap- 10 sulating machines in a manner comparable to 11 the registration requirements set forth in part 12 1310 of title 21, Code of Federal Regulations; 13 and’’. 14 Æ VerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S400.IS S400 kjohnson on DSK79L0C42 with BILLS