FENTANYL Results Act

II 116TH CONGRESS 2D SESSION S. 4514 To prioritize efforts of the Department of State to combat international trafficking in covered synthetic drugs, including new psychoactive sub- stances, and for other purposes. IN THE SENATE OF THE UNITED STATES AUGUST 6, 2020 Mrs. SHAHEEN (for herself and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prioritize efforts of the Department of State to combat international trafficking in covered synthetic drugs, in- cluding new psychoactive substances, and for other pur- poses. 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 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4514 IS (1) CONTROLLED SUBSTANCE.—The term 1 ‘‘controlled substance’’ has the meaning given the 2 term in section 102(6) of the Controlled Substances 3 Act (21 U.S.C. 802(6)). 4 (2) COVERED SYNTHETIC DRUG.—The term 5 ‘‘covered synthetic drug’’ means— 6 (A) a synthetic controlled substance, in- 7 cluding fentanyl or a fentanyl analogue; or 8 (B) a new psychoactive substance. 9 (3) NEW PSYCHOACTIVE SUBSTANCE.—The 10 term ‘‘new psychoactive substance’’ means a sub- 11 stance of abuse, or any preparation of such a sub- 12 stance, that— 13 (A) is not— 14 (i) a controlled substance; or 15 (ii) controlled under— 16 (I) the Single Convention on 17 Narcotic Drugs, 1961, done at New 18 York March 30, 1961; or 19 (II) the Convention on Psycho- 20 tropic Substances, done at Vienna 21 February 21, 1971; 22 (B) is new or has reemerged on the illicit 23 market; and 24 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4514 IS (C) poses a threat to the public health and 1 safety. 2 SEC. 3. SENSE OF CONGRESS. 3 It is the sense of Congress that— 4 (1) the President should direct the United 5 States Representative to the United Nations to use 6 the voice and vote of the United States at the 7 United Nations to advocate for more transparent as- 8 sessments of countries by the International Nar- 9 cotics Control Board; and 10 (2) bilateral, plurilateral, and multilateral inter- 11 national cooperation is essential to combating the 12 flow of covered synthetic drugs. 13 SEC. 4. PRIORITIZATION OF EFFORTS OF THE DEPART- 14 MENT OF STATE TO COMBAT INTER- 15 NATIONAL TRAFFICKING IN COVERED SYN- 16 THETIC DRUGS. 17 (a) IN GENERAL.—The Secretary of State shall 18 prioritize efforts of the Department of State to combat 19 international trafficking in covered synthetic drugs by car- 20 rying out programs and activities that— 21 (1) support— 22 (A) increased data collection by the United 23 States and foreign countries through— 24 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4514 IS (i) increased surveys concerning drug 1 use among populations; and 2 (ii) increased use of wastewater test- 3 ing where appropriate; and 4 (B) multilateral sharing of that data; 5 (2) engage the United States in increased con- 6 sultation and partnership with— 7 (A) international drug agencies, including 8 the European Monitoring Centre for Drugs and 9 Drug Addiction; and 10 (B) regulatory agencies in foreign coun- 11 tries; 12 (3) provide assistance to build the capacity of 13 foreign law enforcement agencies to identify and 14 track covered synthetic drugs, as required by section 15 5; and 16 (4) include exchange programs for govern- 17 mental and nongovernmental personnel in the 18 United States and in foreign countries to provide 19 educational and professional development on demand 20 reduction matters relating to the illicit use of nar- 21 cotics and other drugs, as required by section 6. 22 (b) REPORT.— 23 (1) IN GENERAL.—Not later than 1 year after 24 the date of the enactment of this Act, the Secretary 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4514 IS of State shall submit to the appropriate committees 1 of Congress a report on the implementation of this 2 section. 3 (2) APPROPRIATE COMMITTEES OF CONGRESS 4 DEFINED.—In this subsection, the term ‘‘appro- 5 priate committees of Congress’’ means— 6 (A) the Committee on Foreign Relations 7 and the Committee on Appropriations of the 8 Senate; and 9 (B) the Committee on Foreign Affairs and 10 the Committee on Appropriations of the House 11 of Representatives. 12 SEC. 5. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE 13 CAPACITY OF FOREIGN LAW ENFORCEMENT 14 AGENCIES TO IDENTIFY AND TRACK COV- 15 ERED SYNTHETIC DRUGS. 16 (a) IN GENERAL.—The Secretary of State shall es- 17 tablish a program to provide assistance to build the capac- 18 ity of law enforcement agencies of the countries described 19 in subsection (c) to identify and track covered synthetic 20 drugs, including by improving the forensics detection ca- 21 pabilities of such agencies. 22 (b) PRIORITY.—The Secretary of State shall 23 prioritize assistance under subsection (a) among countries 24 described in subsection (c) for which such assistance would 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4514 IS have the greatest effect on reducing illicit use of covered 1 synthetic drugs in the United States. 2 (c) COUNTRIES DESCRIBED.—The countries de- 3 scribed in this subsection are— 4 (1) countries that are producers of covered syn- 5 thetic drugs; 6 (2) countries in which the pharmaceutical and 7 chemical industries are being exploited for the devel- 8 opment or procurement of precursors of covered syn- 9 thetic drugs; and 10 (3) major drug-transit countries as determined 11 by the President under the most recent report sub- 12 mitted under section 706(1) of the Foreign Rela- 13 tions Authorization Act, Fiscal Year 2003 (22 14 U.S.C. 2291j–1(1)). 15 (d) EXCEPTION TO POLICE TRAINING PROHIBI- 16 TION.—Section 660(b) of the Foreign Assistance Act of 17 1961 (22 U.S.C. 2420(b)) is amended— 18 (1) in paragraph (4), by striking ‘‘or’’ at the 19 end; 20 (2) in paragraph (7), by striking the period at 21 the end and inserting ‘‘; or’’; and 22 (3) by adding after paragraph (7) the following: 23 ‘‘(8) with respect to assistance provided under 24 section 5 of the FENTANYL Results Act.’’. 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4514 IS (e) AUTHORIZATION OF APPROPRIATIONS.—There is 1 authorized to be appropriated to the Secretary of State 2 to carry out this section $4,000,000 for each of fiscal 3 years 2021 through 2025. 4 SEC. 6. EXCHANGE PROGRAM FOR GOVERNMENTAL AND 5 NONGOVERNMENTAL PERSONNEL TO PRO- 6 VIDE EDUCATIONAL AND PROFESSIONAL DE- 7 VELOPMENT ON DEMAND REDUCTION MAT- 8 TERS RELATING TO ILLICIT USE OF NAR- 9 COTICS AND OTHER DRUGS. 10 (a) IN GENERAL.—The Secretary of State shall carry 11 out an exchange program for governmental and non- 12 governmental personnel in the United States and in for- 13 eign countries to provide educational and professional de- 14 velopment on demand reduction matters relating to the 15 illicit use of narcotics and other drugs. 16 (b) PROGRAM REQUIREMENTS.—The program re- 17 quired by subsection (a)— 18 (1) shall be limited to individuals who have ex- 19 pertise and experience in matters described in sub- 20 section (a); 21 (2) in the case of inbound exchanges, may be 22 carried out as part of exchange programs and inter- 23 national visitor programs administered by the Bu- 24 reau of Educational and Cultural Affairs of the De- 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4514 IS partment of State, including the International Vis- 1 itor Leadership Program; and 2 (3) shall include outbound exchanges for gov- 3 ernmental or nongovernmental personnel in the 4 United States. 5 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 6 amounts authorized to be appropriated to carry out ex- 7 change programs and international visitor programs ad- 8 ministered by the Bureau of Educational and Cultural Af- 9 fairs of the Department of State for each of fiscal years 10 2021 through 2025, there is authorized to be appropriated 11 to the Secretary of State to carry out this section 12 $1,000,000 for each such fiscal year. 13 SEC. 7. MODIFICATIONS TO INTERNATIONAL NARCOTICS 14 CONTROL PROGRAM. 15 (a) INTERNATIONAL NARCOTICS CONTROL STRAT- 16 EGY REPORT.—Section 489(a) of the Foreign Assistance 17 Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding 18 at the end the following: 19 ‘‘(10)(A) A separate section that contains— 20 ‘‘(i) an assessment of the countries likely 21 involved in the manufacture, production, or 22 transshipment of synthetic opioids, including 23 fentanyl and fentanyl analogues, that in- 24 cludes— 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4514 IS ‘‘(I) the scale of legal domestic pro- 1 duction and any available information on 2 the number of manufacturers and pro- 3 ducers of such opioids in such countries; 4 ‘‘(II) information on any assessments 5 by law enforcement agencies of the scale of 6 illegal production in such countries, includ- 7 ing a description of the capacity of illegal 8 laboratories to produce such opioids; and 9 ‘‘(III) the types of inputs used and a 10 description of the primary methods of syn- 11 thesis employed by illegal producers of 12 such opioids in such countries; and 13 ‘‘(ii) an assessment of— 14 ‘‘(I) the policies of such countries re- 15 lating to the regulation of licit manufac- 16 ture and interdiction of illicit manufacture, 17 diversion, distribution, and shipment of 18 such opioids; and 19 ‘‘(II) the effectiveness of the imple- 20 mentation of such policies. 21 ‘‘(B) A separate section on policies for respond- 22 ing to new psychoactive substances (as defined in 23 section 2 of the FENTANYL Results Act), includ- 24 ing— 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4514 IS ‘‘(i) which foreign governments have ar- 1 ticulated policies on scheduling of such sub- 2 stances; 3 ‘‘(ii) any data on the effects of such poli- 4 cies and other responses to such substances; 5 and 6 ‘‘(iii) an assessment of which policies the 7 United States Government may consider articu- 8 lating.’’. 9 (b) DEFINITION OF MAJOR ILLICIT DRUG PRO- 10 DUCING COUNTRY.—Section 481(e) of the Foreign Assist- 11 ance Act of 1961 (22 U.S.C. 2291(e)) is amended— 12 (1) in paragraph (2)— 13 (A) by striking ‘‘means a country in 14 which—’’ and inserting ‘‘means— 15 ‘‘(A) a country in which—’’; 16 (B) by striking ‘‘(A) 1,000’’ and inserting 17 the following: 18 ‘‘(i) 1,000’’; 19 (C) by striking ‘‘(B) 1,000’’ and inserting 20 the following: 21 ‘‘(ii) 1,000’’; 22 (D) by striking ‘‘(C) 5,000’’ and inserting 23 the following: 24 ‘‘(iii) 5,000’’; 25 VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4514 IS (E) in subparagraph (A)(iii), as redesig- 1 nated by this subsection, by adding ‘‘or’’ at the 2 end; and 3 (F) by adding at the end the following: 4 ‘‘(B) a country which is a significant direct 5 source of illicit narcotic or psychotropic drugs 6 or other controlled substances significantly af- 7 fecting the United States;’’; and 8 (2) by amending paragraph (5) to read as fol- 9 lows: 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 Æ VerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S4514.IS S4514 pamtmann on DSKBC07HB2PROD with BILLS