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 substances, 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, including new psychoactive substances, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fighting Emerging 

5 Narcotics Through Additional Nations to Yield Lasting 

6 Results Act’’ or the ‘‘FENTANYL Results Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) CONTROLLED SUBSTANCE.—The term 

2 ‘‘controlled substance’’ has the meaning given the 

3 term in section 102(6) of the Controlled Substances 

4 Act (21 U.S.C. 802(6)). 

5 (2) COVERED SYNTHETIC DRUG.—The term 

6 ‘‘covered synthetic drug’’ means— 

7 (A) a synthetic controlled substance, in8 cluding fentanyl or a fentanyl analogue; or 

9 (B) a new psychoactive substance. 

10 (3) NEW PSYCHOACTIVE SUBSTANCE.—The 

11 term ‘‘new psychoactive substance’’ means a sub12 stance of abuse, or any preparation of such a sub13 stance, that— 

14 (A) is not— 

15 (i) a controlled substance; or 

16 (ii) controlled under— 

17 (I) the Single Convention on 

18 Narcotic Drugs, 1961, done at New 

19 York March 30, 1961; or 

20 (II) the Convention on Psycho21 tropic Substances, done at Vienna 

22 February 21, 1971; 

23 (B) is new or has reemerged on the illicit 

24 market; and 


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1 (C) poses a threat to the public health and 

2 safety. 

3 SEC. 3. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) the President should direct the United 

6 States Representative to the United Nations to use 

7 the voice and vote of the United States at the 

8 United Nations to advocate for more transparent as9 sessments of countries by the International Nar10 cotics Control Board; and 

11 (2) bilateral, plurilateral, and multilateral inter12 national cooperation is essential to combating the 

13 flow of covered synthetic drugs. 

14 SEC. 4. PRIORITIZATION OF EFFORTS OF THE DEPART15 MENT OF STATE TO COMBAT INTER16 NATIONAL TRAFFICKING IN COVERED SYN17 THETIC DRUGS. 

18 (a) IN GENERAL.—The Secretary of State shall 

19 prioritize efforts of the Department of State to combat 

20 international trafficking in covered synthetic drugs by car21 rying out programs and activities that— 

22 (1) support— 

23 (A) increased data collection by the United 

24 States and foreign countries through— 


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1 (i) increased surveys concerning drug 

2 use among populations; and 

3 (ii) increased use of wastewater test4 ing where appropriate; and 

5 (B) multilateral sharing of that data; 

6 (2) engage the United States in increased con7 sultation and partnership with— 

8 (A) international drug agencies, including 

9 the European Monitoring Centre for Drugs and 

10 Drug Addiction; and 

11 (B) regulatory agencies in foreign coun12 tries; 

13 (3) provide assistance to build the capacity of 

14 foreign law enforcement agencies to identify and 

15 track covered synthetic drugs, as required by section 

16 5; and 

17 (4) include exchange programs for govern18 mental and nongovernmental personnel in the 

19 United States and in foreign countries to provide 

20 educational and professional development on demand 

21 reduction matters relating to the illicit use of nar22 cotics and other drugs, as required by section 6. 

23 (b) REPORT.— 

24 (1) IN GENERAL.—Not later than 1 year after 

25 the date of the enactment of this Act, the Secretary 


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1 of State shall submit to the appropriate committees 

2 of Congress a report on the implementation of this 

3 section. 

4 (2) APPROPRIATE COMMITTEES OF CONGRESS

5 DEFINED.—In this subsection, the term ‘‘appro6 priate committees of Congress’’ means— 

7 (A) the Committee on Foreign Relations 

8 and the Committee on Appropriations of the 

9 Senate; and 

10 (B) the Committee on Foreign Affairs and 

11 the Committee on Appropriations of the House 

12 of Representatives. 

13 SEC. 5. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE 

14 CAPACITY OF FOREIGN LAW ENFORCEMENT 

15 AGENCIES TO IDENTIFY AND TRACK COV16 ERED SYNTHETIC DRUGS. 

17 (a) IN GENERAL.—The Secretary of State shall es18 tablish a program to provide assistance to build the capac19 ity of law enforcement agencies of the countries described 

20 in subsection (c) to identify and track covered synthetic 

21 drugs, including by improving the forensics detection ca22 pabilities of such agencies. 

23 (b) PRIORITY.—The Secretary of State shall 

24 prioritize assistance under subsection (a) among countries 

25 described in subsection (c) for which such assistance would 


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1 have the greatest effect on reducing illicit use of covered 

2 synthetic drugs in the United States. 

3 (c) COUNTRIES DESCRIBED.—The countries de4 scribed in this subsection are— 

5 (1) countries that are producers of covered syn6 thetic drugs; 

7 (2) countries in which the pharmaceutical and 

8 chemical industries are being exploited for the devel9 opment or procurement of precursors of covered syn10 thetic drugs; and 

11 (3) major drug-transit countries as determined 

12 by the President under the most recent report sub13 mitted under section 706(1) of the Foreign Rela14 tions Authorization Act, Fiscal Year 2003 (22 

15 U.S.C. 2291j–1(1)). 

16 (d) EXCEPTION TO POLICE TRAINING PROHIBI17 TION.—Section 660(b) of the Foreign Assistance Act of 

18 1961 (22 U.S.C. 2420(b)) is amended— 

19 (1) in paragraph (4), by striking ‘‘or’’ at the 

20 end; 

21 (2) in paragraph (7), by striking the period at 

22 the end and inserting ‘‘; or’’; and 

23 (3) by adding after paragraph (7) the following: 

24 ‘‘(8) with respect to assistance provided under 

25 section 5 of the FENTANYL Results Act.’’. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary of State 

3 to carry out this section $4,000,000 for each of fiscal 

4 years 2021 through 2025. 

5 SEC. 6. EXCHANGE PROGRAM FOR GOVERNMENTAL AND 

6 NONGOVERNMENTAL PERSONNEL TO PRO7 VIDE EDUCATIONAL AND PROFESSIONAL DE8 VELOPMENT ON DEMAND REDUCTION MAT9 TERS RELATING TO ILLICIT USE OF NAR10 COTICS AND OTHER DRUGS. 

11 (a) IN GENERAL.—The Secretary of State shall carry 

12 out an exchange program for governmental and non13 governmental personnel in the United States and in for14 eign countries to provide educational and professional de15 velopment on demand reduction matters relating to the 

16 illicit use of narcotics and other drugs. 

17 (b) PROGRAM REQUIREMENTS.—The program re18 quired by subsection (a)— 

19 (1) shall be limited to individuals who have ex20 pertise and experience in matters described in sub21 section (a); 

22 (2) in the case of inbound exchanges, may be 

23 carried out as part of exchange programs and inter24 national visitor programs administered by the Bu25 reau of Educational and Cultural Affairs of the DeVerDate Sep 11 2014 18:20 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514

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1 partment of State, including the International Vis2 itor Leadership Program; and 

3 (3) shall include outbound exchanges for gov4 ernmental or nongovernmental personnel in the 

5 United States. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

7 amounts authorized to be appropriated to carry out ex8 change programs and international visitor programs ad9 ministered by the Bureau of Educational and Cultural Af10 fairs of the Department of State for each of fiscal years 

11 2021 through 2025, there is authorized to be appropriated 

12 to the Secretary of State to carry out this section 

13 $1,000,000 for each such fiscal year. 

14 SEC. 7. MODIFICATIONS TO INTERNATIONAL NARCOTICS 

15 CONTROL PROGRAM. 

16 (a) INTERNATIONAL NARCOTICS CONTROL STRAT17 EGY REPORT.—Section 489(a) of the Foreign Assistance 

18 Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding 

19 at the end the following: 

20 ‘‘(10)(A) A separate section that contains— 

21 ‘‘(i) an assessment of the countries likely 

22 involved in the manufacture, production, or 

23 transshipment of synthetic opioids, including 

24 fentanyl and fentanyl analogues, that in25 cludes— 


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1 ‘‘(I) the scale of legal domestic pro2 duction and any available information on 

3 the number of manufacturers and pro4 ducers of such opioids in such countries; 

5 ‘‘(II) information on any assessments 

6 by law enforcement agencies of the scale of 

7 illegal production in such countries, includ8 ing a description of the capacity of illegal 

9 laboratories to produce such opioids; and 

10 ‘‘(III) the types of inputs used and a 

11 description of the primary methods of syn12 thesis employed by illegal producers of 

13 such opioids in such countries; and 

14 ‘‘(ii) an assessment of— 

15 ‘‘(I) the policies of such countries re16 lating to the regulation of licit manufac17 ture and interdiction of illicit manufacture, 

18 diversion, distribution, and shipment of 

19 such opioids; and 

20 ‘‘(II) the effectiveness of the imple21 mentation of such policies. 

22 ‘‘(B) A separate section on policies for respond23 ing to new psychoactive substances (as defined in 

24 section 2 of the FENTANYL Results Act), includ25 ing— 


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1 ‘‘(i) which foreign governments have ar2 ticulated policies on scheduling of such sub3 stances; 

4 ‘‘(ii) any data on the effects of such poli5 cies and other responses to such substances; 

6 and 

7 ‘‘(iii) an assessment of which policies the 

8 United States Government may consider articu9 lating.’’. 

10 (b) DEFINITION OF MAJOR ILLICIT DRUG PRO11 DUCING COUNTRY.—Section 481(e) of the Foreign Assist12 ance Act of 1961 (22 U.S.C. 2291(e)) is amended— 

13 (1) in paragraph (2)— 

14 (A) by striking ‘‘means a country in 

15 which—’’ and inserting ‘‘means— 

16 ‘‘(A) a country in which—’’; 

17 (B) by striking ‘‘(A) 1,000’’ and inserting 

18 the following: 

19 ‘‘(i) 1,000’’; 

20 (C) by striking ‘‘(B) 1,000’’ and inserting 

21 the following: 

22 ‘‘(ii) 1,000’’; 

23 (D) by striking ‘‘(C) 5,000’’ and inserting 

24 the following: 

25 ‘‘(iii) 5,000’’; 


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1 (E) in subparagraph (A)(iii), as redesig2 nated by this subsection, by adding ‘‘or’’ at the 

3 end; and 

4 (F) by adding at the end the following: 

5 ‘‘(B) a country which is a significant direct 

6 source of illicit narcotic or psychotropic drugs 

7 or other controlled substances significantly af8 fecting the United States;’’; and 

9 (2) by amending paragraph (5) to read as fol10 lows: 

11 ‘‘(5) the term ‘major drug-transit country’ 

12 means a country through which are transported il13 licit narcotic or psychotropic drugs or other con14 trolled substances significantly affecting the United 

15 States;’’. 

Æ 


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