FENTANYL Results Act
Bill: H.R.2538 | Sponsor: Rep. Trone, David J. (D-MD)
Policy area: International Affairs

Summary:
Fighting Emerging Narcotics Through Additional Nations to Yield Lasting Results Act or the FENTANYL Results Act
This bill creates two programs, establishes a reporting requirement, and otherwise modifies provisions to facilitate global cooperation against synthetic drug trafficking.
Specifically, the bill requires the Department of State to establish a program to provide capacity-building assistance for law enforcement agencies of specified countries to identify, track, and detect certain synthetic drugs (e.g., fentanyl). The State Department must also carry out an international exchange program for drug demand reduction experts to provide educational and professional development on demand-reduction matters relating to the illicit use of narcotics and other drugs.
The bill requires the State Department to include new sections in its annual international narcotics control strategy report that contain (1) an assessment of the countries likely involved in the trafficking of synthetic opioids; and (2) policies of responding to new psychoactive substances.
The bill also expands the definition of major illicit drug producing country to include countries that produce synthetic drugs. Under current law, foreign assistance may be withheld from such countries.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fighting Emerging Narcotics Through 
Additional Nations to Yield Lasting Results Act'' or the ``FENTANYL 
Results Act''.

SEC. 2. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO COMBAT 
              INTERNATIONAL TRAFFICKING IN COVERED SYNTHETIC DRUGS.

    (a) In General.--The Secretary of State shall prioritize efforts of 
the Department of State to combat international trafficking in covered 
synthetic drugs by carrying out programs and activities to include the 
following:
            (1) Supporting increased data collection by the United 
        States and foreign countries through increased drug use surveys 
        among populations, increased use of wastewater testing where 
        appropriate, and multilateral sharing of that data.
            (2) Engaging in increased consultation and partnership with 
        international drug agencies, including the European Monitoring 
        Centre for Drugs and Drug Addiction, and regulatory agencies in 
        foreign countries.
            (3) Carrying out the program to provide assistance to build 
        the capacity of foreign law enforcement agencies with respect 
        to covered synthetic drugs, as required by section 3.
            (4) Carrying out exchange programs for governmental and 
        nongovernmental personnel in the United States and in foreign 
        countries to provide educational and professional development 
        on demand reduction matters relating to the illicit use of 
        narcotics and other drugs, as required by section 4.
    (b) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the appropriate congressional committees a report on the 
        implementation of this section.
            (2) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.

SEC. 3. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY OF FOREIGN 
              LAW ENFORCEMENT AGENCIES WITH RESPECT TO COVERED 
              SYNTHETIC DRUGS.

    (a) In General.--Notwithstanding section 660 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State shall 
establish a program to provide assistance to build the capacity of law 
enforcement agencies of the countries described in subsection (c) to 
help such agencies to identify, track, and improve their forensics 
detection capabilities with respect to covered synthetic drugs.
    (b) Priority.--The Secretary of State shall prioritize assistance 
under subsection (a) among those countries described in subsection (c) 
in which such assistance would have the most impact in reducing illicit 
use of covered synthetic drugs in the United States.
    (c) Countries Described.--The foreign countries described in this 
subsection are--
            (1) countries that are producers of covered synthetic 
        drugs;
            (2) countries whose pharmaceutical and chemical industries 
        are known to be exploited for development or procurement of 
        precursors of covered synthetic drugs; or
            (3) major drug-transit countries as defined by the 
        President.
    (d) Authorization of Additional Appropriations.--There is 
authorized to be appropriated to the Secretary to carry out this 
section $4,000,000 for each of the fiscal years 2022 through 2026 and 
such amounts shall be in addition to amounts authorized for such 
purposes.

SEC. 4. EXCHANGE PROGRAM FOR GOVERNMENTAL AND NONGOVERNMENTAL PERSONNEL 
              TO PROVIDE EDUCATIONAL AND PROFESSIONAL DEVELOPMENT ON 
              DEMAND REDUCTION MATTERS RELATING TO ILLICIT USE OF 
              NARCOTICS AND OTHER DRUGS.

    (a) In General.--The Secretary of State shall establish or continue 
and strengthen, as appropriate, an exchange program for governmental 
and nongovernmental personnel in the United States and in foreign 
countries to provide educational and professional development on demand 
reduction matters relating to the illicit use of narcotics and other 
drugs.
    (b) Program Requirements.--The program required by subsection (a)--
            (1) shall be limited to individuals who have expertise and 
        experience in matters described in subsection (a);
            (2) in the case of inbound exchanges, may be carried out as 
        part of exchange programs and international visitor programs 
        administered by the Bureau of Educational and Cultural Affairs 
        of the Department of State, including the International Visitor 
        Leadership Program in consultation or coordination with the 
        Bureau of International Narcotics and Law Enforcement Affairs; 
        and
            (3) shall include outbound exchanges for governmental or 
        nongovernmental personnel in the United States.
    (c) Authorization of Additional Appropriations.--There is 
authorized to be appropriated to the Secretary to carry out this 
section $1,000,000 for each of the fiscal years 2022 through 2026 and 
such amounts shall be in addition to amounts authorized for such 
purposes.

SEC. 5. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL PROGRAM.

    (a) 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:
            ``(10) Synthetic opioids and new psychoactive substances.--
                    ``(A) Synthetic opioids.--Information that contains 
                an assessment of the countries significantly involved 
                in the manufacture, production, or transshipment of 
                synthetic opioids, including fentanyl and fentanyl 
                analogues, to include the following:
                            ``(i) The scale of legal domestic 
                        production and any available information on the 
                        number of manufacturers and producers of such 
                        opioids in such countries.
                            ``(ii) Information on any law enforcement 
                        assessments of the scale of illegal production, 
                        including a description of the capacity of 
                        illegal laboratories to produce such opioids.
                            ``(iii) The types of inputs used and a 
                        description of the primary methods of synthesis 
                        employed by illegal producers of such opioids.
                            ``(iv) An assessment of the policies of 
                        such countries to regulate licit manufacture 
                        and interdict illicit manufacture, diversion, 
                        distribution, and shipment of such opioids and 
                        an assessment of the effectiveness of the 
                        policies' implementation.
                    ``(B) New psychoactive substances.--Information on, 
                to the extent practicable, any policies of responding 
                to new psychoactive substances (as such term is defined 
                in section 7 of the FENTANYL Results Act), to include 
                the following:
                            ``(i) Which governments have articulated 
                        policies on scheduling of such substances.
                            ``(ii) Any data on impacts of such policies 
                        and other responses to such substances.
                            ``(iii) An assessment of any policies the 
                        United States could adopt to improve its 
                        response to new psychoactive substances.''.
    (b) Definition of Major Illicit Drug Producing Country.--Section 
481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is 
amended--
            (1) in paragraph (2)--
                    (A) by striking ``means a country in which--'' and 
                inserting ``means--
                    ``(A) a country in which--'';
                    (B) by striking ``(A) 1,000'' and inserting the 
                following:
                            ``(i) 1,000'';
                    (C) by striking ``(B) 1,000'' and inserting the 
                following:
                            ``(ii) 1,000'';
                    (D) by striking ``(C) 5,000'' and inserting the 
                following:
                            ``(iii) 5,000'';
                    (E) in subparagraph (A)(iii), as redesignated by 
                this subsection, by adding ``or'' at the end; and
                    (F) by adding at the end the following:
                    ``(B) a country which is a significant direct 
                source of illicit narcotic or psychotropic drugs or 
                other controlled substances significantly affecting the 
                United States.''; and
            (2) in paragraph (5) to read as follows:
            ``(5) the term `major drug-transit country' means a country 
        through which are transported illicit narcotic or psychotropic 
        drugs or other controlled substances significantly affecting 
        the United States.''.

SEC. 6. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the President should direct the United States 
        Representative to the United Nations to use the voice and vote 
        of the United States at the United Nations to advocate for more 
        transparent assessments of countries by the International 
        Narcotics Control Board; and
            (2) bilateral, plurilateral, and multilateral international 
        cooperation is essential to combating the trafficking of 
        covered synthetic drugs.

SEC. 7. DEFINITION.

    In this Act:
            (1) The term ``covered synthetic drug'' means--
                    (A) a synthetic controlled substance (as defined in 
                section 102(6) of the Controlled Substances Act (21 
                U.S.C. 802(6))), including fentanyl or a fentanyl 
                analogue; or
                    (B) a new psychoactive substance.
            (2) The term ``new psychoactive substance'' means a 
        substance of abuse, or any preparation thereof, that--
                    (A) is not--
                            (i) included in any schedule as a 
                        controlled substance under the Controlled 
                        Substances Act (21 U.S.C. 801 et seq.); or
                            (ii) controlled by the Single Convention on 
                        Narcotic Drugs signed at New York, New York, on 
                        March 30, 1961, or the Convention on 
                        Psychotropic Substances signed at Vienna, 
                        Austria, on February 21, 1971;
                    (B) is new or has reemerged on the illicit market; 
                and
                    (C) poses a threat to the public health and safety.
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