FENTANYL Results Act

IIB 116TH CONGRESS 2D SESSION H. R. 7990 IN THE SENATE OF THE UNITED STATES NOVEMBER 30, 2020 Received; read twice and referred to the Committee on Foreign Relations AN ACT 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 VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 2 HR 7990 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Fighting Emerging 2 Narcotics Through Additional Nations to Yield Lasting 3 Results Act’’ or the ‘‘FENTANYL Results Act’’. 4 SEC. 2. PRIORITIZATION OF EFFORTS OF THE DEPART- 5 MENT OF STATE TO COMBAT INTER- 6 NATIONAL TRAFFICKING IN COVERED SYN- 7 THETIC DRUGS. 8 (a) IN GENERAL.—The Secretary of State shall 9 prioritize efforts of the Department of State to combat 10 international trafficking in covered synthetic drugs by car- 11 rying out programs and activities to include the following: 12 (1) Supporting increased data collection by the 13 United States and foreign countries through in- 14 creased drug use surveys among populations, in- 15 creased use of wastewater testing where appropriate, 16 and multilateral sharing of that data. 17 (2) Engaging in increased consultation and 18 partnership with international drug agencies, includ- 19 ing the European Monitoring Centre for Drugs and 20 Drug Addiction, and regulatory agencies in foreign 21 countries. 22 (3) Carrying out the program to provide assist- 23 ance to build the capacity of foreign law enforcement 24 agencies with respect to covered synthetic drugs, as 25 required by section 3. 26 VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 3 HR 7990 RFS (4) Carrying out exchange programs for govern- 1 mental and nongovernmental personnel in the 2 United States and in foreign countries to provide 3 educational and professional development on demand 4 reduction matters relating to the illicit use of nar- 5 cotics and other drugs, as required by section 4. 6 (b) REPORT.— 7 (1) IN GENERAL.—Not later than 1 year after 8 the date of the enactment of this Act, the Secretary 9 of State shall submit to the appropriate congres- 10 sional committees a report on the implementation of 11 this section. 12 (2) APPROPRIATE CONGRESSIONAL COMMIT- 13 TEES DEFINED.—In this subsection, the term ‘‘ap- 14 propriate congressional committees’’ means— 15 (A) the Committee on Foreign Affairs and 16 the Committee on Appropriations of the House 17 of Representatives; and 18 (B) the Committee on Foreign Relations 19 and the Committee on Appropriations of the 20 Senate. 21 VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 4 HR 7990 RFS SEC. 3. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE 1 CAPACITY OF FOREIGN LAW ENFORCEMENT 2 AGENCIES WITH RESPECT TO COVERED SYN- 3 THETIC DRUGS. 4 (a) IN GENERAL.—Notwithstanding section 660 of 5 the Foreign Assistance Act of 1961 (22 U.S.C. 2420), the 6 Secretary of State shall establish a program to provide as- 7 sistance to build the capacity of law enforcement agencies 8 of the countries described in subsection (c) to help such 9 agencies to identify, track, and improve their forensics de- 10 tection capabilities with respect to covered synthetic drugs. 11 (b) PRIORITY.—The Secretary of State shall 12 prioritize assistance under subsection (a) among those 13 countries described in subsection (c) in which such assist- 14 ance would have the most impact in reducing illicit use 15 of covered synthetic drugs in the United States. 16 (c) COUNTRIES DESCRIBED.—The foreign countries 17 described in this subsection are— 18 (1) countries that are producers of covered syn- 19 thetic drugs; 20 (2) countries whose pharmaceutical and chem- 21 ical industries are being exploited for development or 22 procurement of precursors of covered synthetic 23 drugs; or 24 (3) major drug-transit countries as defined by 25 the President. 26 VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 5 HR 7990 RFS (d) AUTHORIZATION OF APPROPRIATIONS.—There is 1 authorized to be appropriated to the Secretary to carry 2 out this section $4,000,000 for each of the fiscal years 3 2021 through 2025. 4 SEC. 4. 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 foreign 13 countries to provide educational and professional develop- 14 ment on demand reduction matters relating to the illicit 15 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 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 6 HR 7990 RFS partment of State, including the International Vis- 1 itor Leadership Program; and 2 (3) shall include outbound exchanges for gov- 3 ernmental and 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 the fiscal 10 years 2021 through 2025, there is authorized to be appro- 11 priated to the Secretary to carry out this section 12 $1,000,000 for each such fiscal year. 13 SEC. 5. AMENDMENTS 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) SYNTHETIC OPIOIDS AND NEW 20 PSYCHOACTIVE SUBSTANCES.— 21 ‘‘(A) SYNTHETIC OPIOIDS.—Information 22 that contains an assessment of the countries 23 significantly involved in the manufacture, pro- 24 duction, or transshipment of synthetic opioids, 25 VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 7 HR 7990 RFS including fentanyl and fentanyl analogues, to 1 include the following: 2 ‘‘(i) The scale of legal domestic pro- 3 duction and any available information on 4 the number of manufacturers and pro- 5 ducers of such opioids in such countries. 6 ‘‘(ii) Information on any law enforce- 7 ment assessments of the scale of illegal 8 production, including a description of the 9 capacity of illegal laboratories to produce 10 such opioids. 11 ‘‘(iii) The types of inputs used and a 12 description of the primary methods of syn- 13 thesis employed by illegal producers of 14 such opioids. 15 ‘‘(iv) An assessment of the policies of 16 such countries to regulate licit manufac- 17 ture and interdict illicit manufacture, di- 18 version, distribution, and shipment of such 19 opioids and an assessment of the effective- 20 ness of the policies’ implementation. 21 ‘‘(B) NEW PSYCHOACTIVE SUBSTANCES.— 22 Information on the policies of responding to 23 new psychoactive substances (as such term is 24 VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 8 HR 7990 RFS defined in section 7 of the FENTANYL Results 1 Act), to include the following: 2 ‘‘(i) Which governments have articu- 3 lated policies on scheduling of such sub- 4 stances. 5 ‘‘(ii) Any data on impacts of such 6 policies and other responses to such sub- 7 stances. 8 ‘‘(iii) An assessment of what policies 9 the United States may want to consider 10 articulating.’’. 11 (b) DEFINITION OF MAJOR ILLICIT DRUG PRO- 12 DUCING COUNTRY.—Section 481(e) of the Foreign Assist- 13 ance Act of 1961 (22 U.S.C. 2291(e)) is amended— 14 (1) in paragraph (2)— 15 (A) by striking ‘‘means a country in 16 which—’’ and inserting ‘‘means— 17 ‘‘(A) a country in which—’’; 18 (B) by striking ‘‘(A) 1,000’’ and inserting 19 the following: 20 ‘‘(i) 1,000’’; 21 (C) by striking ‘‘(B) 1,000’’ and inserting 22 the following: 23 ‘‘(ii) 1,000’’; 24 VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 9 HR 7990 RFS (D) by striking ‘‘(C) 5,000’’ and inserting 1 the following: 2 ‘‘(iii) 5,000’’; 3 (E) in subparagraph (A)(iii), as redesig- 4 nated by this subsection, by adding ‘‘or’’ at the 5 end; and 6 (F) by adding at the end the following: 7 ‘‘(B) a country which is a significant direct 8 source of illicit narcotic or psychotropic drugs 9 or other controlled substances significantly af- 10 fecting the United States.’’; and 11 (2) in paragraph (5) to read as follows: 12 ‘‘(5) the term ‘major drug-transit country’ 13 means a country through which illicit narcotic or 14 psychotropic drugs or other controlled substances 15 significantly affecting the United States are trans- 16 ported.’’. 17 SEC. 6. SENSE OF CONGRESS. 18 It is the sense of Congress that— 19 (1) the President should direct the United 20 States Representative to the United Nations to use 21 the voice and vote of the United States at the 22 United Nations to advocate for more transparent as- 23 sessments of countries by the International Nar- 24 cotics Control Board; and 25 VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 10 HR 7990 RFS (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 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS 11 HR 7990 RFS (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 Passed the House of Representatives November 18, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 21:15 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7990.RFS H7990 kjohnson on DSK79L0C42PROD with BILLS