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 machines 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 prosecute criminals for the manufacture or distribution of 

controlled substance analogues, or do not require the 

registration of tableting machines and encapsulating machines. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 400 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Blocking Deadly 

3 Fentanyl Imports Act’’. 

4 SEC. 2. AMENDMENT TO DEFINITION OF MAJOR ILLICIT 

5 DRUG PRODUCING COUNTRY. 

6 Section 481(e)(2) of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2291(e)(2)) is amended— 

8 (1) in the matter preceding subparagraph (A), 

9 by striking ‘‘in which’’; 

10 (2) in subparagraph (A), by inserting ‘‘in 

11 which’’ before ‘‘1,000’’; 

12 (3) in subparagraph (B)— 

13 (A) by inserting ‘‘in which’’ before 

14 ‘‘1,000’’; and 

15 (B) by striking ‘‘or’’ at the end; 

16 (4) in subparagraph (C)— 

17 (A) by inserting ‘‘in which’’ before 

18 ‘‘5,000’’; and 

19 (B) by inserting ‘‘or’’ after the semicolon; 

20 and 

21 (5) by adding at the end the following: 

22 ‘‘(D) that is a significant source of illicit 

23 fentanyl, fentanyl analogues, or the precursors 

24 of fentanyl and fentanyl analogues;’’. 


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1 SEC. 3. INTERNATIONAL NARCOTICS CONTROL STRATEGY 

2 REPORT. 

3 Section 489(a) of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2291h(a)) is amended by adding at the end 

5 the following: 

6 ‘‘(9) A separate section that contains the fol7 lowing: 

8 ‘‘(A) An identification of the countries that 

9 are the most significant exporters of illicit 

10 fentanyl, fentanyl analogues, and fentanyl pre11 cursor chemicals during the preceding calendar 

12 year. 

13 ‘‘(B) An identification of the countries that 

14 are the most significant sources of diversion or 

15 chemicals described in subparagraph (A) for il16 licit uses. 

17 ‘‘(C) A description of the extent to which 

18 each country identified pursuant to subpara19 graphs (A) and (B) has cooperated with the 

20 United States to prevent the chemicals de21 scribed in subparagraph (A) from being ex22 ported from such country to the United 

23 States.’’. 


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1 SEC. 4. WITHHOLDING OF BILATERAL AND MULTILATERAL 

2 ASSISTANCE. 

3 (a) IN GENERAL.—Section 490(a) of the Foreign As4 sistance Act of 1961 (22 U.S.C. 2291j(a)) is amended— 

5 (1) in paragraph (1), by striking ‘‘clause (i) or 

6 (ii) of section 489(a)(8)(A) of this Act’’ and insert7 ing ‘‘paragraph (8)(A) or (9) of section 489(a)’’; and 

8 (2) in paragraph (2), by striking ‘‘clause (i) or 

9 (ii) of section 489(a)(8)(A) of this Act’’ and insert10 ing ‘‘paragraph (8)(A) or (9) of section 489(a)’’. 

11 (b) DESIGNATION OF COUNTRIES WITHOUT EMER12 GENCY SCHEDULING PROCEDURES.—Section 706(2) of 

13 the Foreign Relations Authorization Act, Fiscal Year 

14 2003 (22 U.S.C. 2291j–1(2)) is amended— 

15 (1) in the matter preceding subparagraph (A), 

16 by striking ‘‘also’’; 

17 (2) in subparagraph (A)(ii), by striking ‘‘and’’ 

18 at the end; 

19 (3) by redesignating subparagraph (B) as sub20 paragraph (E); 

21 (4) by inserting after subparagraph (A) the fol22 lowing: 

23 ‘‘(B) designate each country, if any, identi24 fied in such report that has failed to adopt and 

25 utilize emergency scheduling procedures for new 

26 illicit drugs and other synthetics that are comVerDate Sep 11 2014 04:37 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S400.IS S400

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1 parable to the procedures authorized under title 

2 II of the Controlled Substances Act (21 U.S.C. 

3 811 et seq.) for adding drugs and other sub4 stances to the controlled substances schedules;’’; 

5 and 

6 (5) in subparagraph (E), as redesignated, by 

7 striking ‘‘so designated’’ and inserting ‘‘designated 

8 under subparagraph (A), (B), (C), or (D)’’. 

9 (c) DESIGNATION OF COUNTRIES WITHOUT ABILITY

10 TO PROSECUTE CRIMINALS FOR THE MANUFACTURE OR

11 DISTRIBUTION OF FENTANYL ANALOGUES.—Section 

12 706(2) of the Foreign Relations Authorization Act, Fiscal 

13 Year 2003 (22 U.S.C. 2291j–1(2)), as amended by sub14 section (b), is further amended by inserting after subpara15 graph (B) the following: 

16 ‘‘(C) designate each country, if any, identi17 fied in such report that is incapable of pros18 ecuting criminals for the manufacture or dis19 tribution of controlled substance analogues (as 

20 defined in section 102(32) of the Controlled 

21 Substances Act (21 U.S.C. 802(32)) in the 

22 same manner as criminals are prosecuted for 

23 the manufacture or distribution of controlled 

24 substances;’’. 


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1 (d) DESIGNATION OF COUNTRIES THAT DO NOT RE2 QUIRE THE REGISTRATION OF PILL PRESSES AND

3 TABLETING MACHINES.—Section 706(2) of the Foreign 

4 Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 

5 2291j–1(2)), as amended by subsections (b) and (c), is 

6 further amended by inserting after subparagraph (C) the 

7 following: 

8 ‘‘(D) designate each country, if any, identi9 fied in such report that does not require the 

10 registration of tableting machines and encap11 sulating machines in a manner comparable to 

12 the registration requirements set forth in part 

13 1310 of title 21, Code of Federal Regulations; 

14 and’’. 

Æ 


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