Blocking Deadly Fentanyl Imports Act

Summary: Blocking Deadly Fentanyl Imports Act This bill amends the Foreign Assistance Act of 1961 to include in the definition of &quot;major illicit drug producing country&quot; a country that is a significant source of illicit fentanyl, fentanyl analogues, or fentanyl precursor chemicals. (Fentanyl is a synthetic opioid analgesic typically used to relieve pain.)   The bill requires the international narcotics control strategy report to:   identify countries that are the most significant exporters of illicit fentanyl, fentanyl analogues, and fentanyl precursor chemicals;  identify countries that are the most significant sources of the diversion of such chemical for illicit uses; and  describe the extent to which an identified country has cooperated with the United States to prevent the export of such chemical to the United States.  The bill requires the withholding of bilateral and multilateral assistance from an identified country.  The Foreign Relations Authorization Act, Fiscal Year 2003 is amended to require the President, as part of the report identifying major drug transit countries, to designate each country that:   does not utilize specified emergency scheduling procedures for new illicit drugs and other synthetics that are comparable to the procedures used for controlled substances schedules, is incapable of prosecuting criminals for the manufacture or distribution of controlled substance analogues in the same manner that applies to controlled substances, and  does not require specified registration of tableting or encapsulating machines.  

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blocking Deadly Fentanyl Imports 
Act''.

SEC. 2. AMENDMENT TO DEFINITION OF MAJOR ILLICIT DRUG PRODUCING 
              COUNTRY.

    Section 481(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291(e)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``in which'';
            (2) in subparagraph (A), by inserting ``in which'' before 
        ``1,000'';
            (3) in subparagraph (B)--
                    (A) by inserting ``in which'' before ``1,000''; and
                    (B) by striking ``or'' at the end;
            (4) in subparagraph (C)--
                    (A) by inserting ``in which'' before ``5,000''; and
                    (B) by inserting ``or'' after the semicolon; and
            (5) by adding at the end the following:
                    ``(D) that is a significant source of illicit 
                fentanyl, fentanyl analogues, or the precursors of 
                fentanyl and fentanyl analogues;''.

SEC. 3. INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.

    Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291h(a)) is amended by adding at the end the following:
            ``(9) A separate section that contains the following:
                    ``(A) An identification of the countries that are 
                the most significant exporters of illicit fentanyl, 
                fentanyl analogues, and fentanyl precursor chemicals 
                during the preceding calendar year.
                    ``(B) An identification of the countries that are 
                the most significant sources of diversion or chemicals 
                described in subparagraph (A) for illicit uses.
                    ``(C) A description of the extent to which each 
                country identified pursuant to subparagraphs (A) and 
                (B) has cooperated with the United States to prevent 
                the chemicals described in subparagraph (A) from being 
                exported from such country to the United States.''.

SEC. 4. WITHHOLDING OF BILATERAL AND MULTILATERAL ASSISTANCE.

    (a) In General.--Section 490(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2291j(a)) is amended--
            (1) by striking ``clause (i) or (ii) of section 
        489(a)(8)(A) of this Act'' and inserting ``paragraph (8)(A) or 
        (9) of section 489(a)''; and
            (2) by striking ``clause (i) or (ii) of section 
        489(a)(8)(A) of this Act'' and inserting ``paragraph (8)(A) or 
        (9) of section 489(a)''.
    (b) Designation of Countries Without Emergency Scheduling 
Procedures.--Section 706(2) of the Foreign Relations Authorization Act, 
Fiscal Year 2003 (22 U.S.C. 2291j-1(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``also'';
            (2) in subparagraph (A), by striking ``and'' at the end;
            (3) by redesignating subparagraph (B) as subparagraph (E);
            (4) by inserting after subparagraph (A) the following:
                    ``(B) designate each country, if any, identified in 
                such report that has failed to adopt and utilize 
                emergency scheduling procedures for new illicit drugs 
                and other synthetics that are comparable to the 
                procedures authorized under title II of the Controlled 
                Substances Act (21 U.S.C. 811 et seq.) for adding drugs 
                and other substances to the controlled substances 
                schedules;''; and
            (5) in subparagraph (E), as redesignated, by striking ``so 
        designated'' and inserting ``designated under subparagraph (A), 
        (B), (C), or (D)''.
    (c) Designation of Countries Without Ability To Prosecute Criminals 
for the Manufacture or Distribution of Fentanyl Analogues.--Section 
706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 
U.S.C. 2291j-1(2)), as amended by subsection (b), is further amended by 
inserting after subparagraph (B) the following:
                    ``(C) designate each country, if any, identified in 
                such report that is incapable of prosecuting criminals 
                for the manufacture or distribution of controlled 
                substance analogues (as defined in section 102(32) of 
                the Controlled Substances Act (21 U.S.C. 802(32)) in 
                the same manner as criminals are prosecuted for the 
                manufacture or distribution of controlled 
                substances;''.
    (d) Designation of Countries That Do Not Require the Registration 
of Pill Presses and Tableting Machines.--Section 706(2) of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)), 
as amended by subsections (b) and (c), is further amended by inserting 
after subparagraph (C) the following:
                    ``(D) designate each country, if any, identified in 
                such report that does not require the registration of 
                tableting machines and encapsulating machines in a 
                manner comparable to the registration requirements set 
                forth in part 1310 of title 21, Code of Federal 
                Regulations; and''.