Title: FENTANYL Results Act
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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4514 Introduced in Senate (IS)]

<DOC>






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.

    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. DEFINITIONS.

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

SEC. 3. 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 flow of covered 
        synthetic drugs.

SEC. 4. 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 that--
            (1) support--
                    (A) increased data collection by the United States 
                and foreign countries through--
                            (i) increased surveys concerning drug use 
                        among populations; and
                            (ii) increased use of wastewater testing 
                        where appropriate; and
                    (B) multilateral sharing of that data;
            (2) engage the United States in increased consultation and 
        partnership with--
                    (A) international drug agencies, including the 
                European Monitoring Centre for Drugs and Drug 
                Addiction; and
                    (B) regulatory agencies in foreign countries;
            (3) provide assistance to build the capacity of foreign law 
        enforcement agencies to identify and track covered synthetic 
        drugs, as required by section 5; and
            (4) include 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 6.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the appropriate committees of Congress a report on the 
        implementation of this section.
            (2) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.

SEC. 5. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY OF FOREIGN 
              LAW ENFORCEMENT AGENCIES TO IDENTIFY AND TRACK COVERED 
              SYNTHETIC DRUGS.

    (a) In General.--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 identify and track 
covered synthetic drugs, including by improving the forensics detection 
capabilities of such agencies.
    (b) Priority.--The Secretary of State shall prioritize assistance 
under subsection (a) among countries described in subsection (c) for 
which such assistance would have the greatest effect on reducing 
illicit use of covered synthetic drugs in the United States.
    (c) Countries Described.--The countries described in this 
subsection are--
            (1) countries that are producers of covered synthetic 
        drugs;
            (2) countries in which the pharmaceutical and chemical 
        industries are being exploited for the development or 
        procurement of precursors of covered synthetic drugs; and
            (3) major drug-transit countries as determined by the 
        President under the most recent report submitted under section 
        706(1) of the Foreign Relations Authorization Act, Fiscal Year 
        2003 (22 U.S.C. 2291j-1(1)).
    (d) Exception to Police Training Prohibition.--Section 660(b) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2420(b)) is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding after paragraph (7) the following:
            ``(8) with respect to assistance provided under section 5 
        of the FENTANYL Results Act.''.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of State to carry out this section 
$4,000,000 for each of fiscal years 2021 through 2025.

SEC. 6. 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 carry out 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; and
            (3) shall include outbound exchanges for governmental or 
        nongovernmental personnel in the United States.
    (c) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated to carry out exchange programs and international 
visitor programs administered by the Bureau of Educational and Cultural 
Affairs of the Department of State for each of fiscal years 2021 
through 2025, there is authorized to be appropriated to the Secretary 
of State to carry out this section $1,000,000 for each such fiscal 
year.

SEC. 7. MODIFICATIONS 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)(A) A separate section that contains--
                    ``(i) an assessment of the countries likely 
                involved in the manufacture, production, or 
                transshipment of synthetic opioids, including fentanyl 
                and fentanyl analogues, that includes--
                            ``(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 assessments by 
                        law enforcement agencies of the scale of 
                        illegal production in such countries, including 
                        a description of the capacity of illegal 
                        laboratories to produce such opioids; and
                            ``(III) the types of inputs used and a 
                        description of the primary methods of synthesis 
                        employed by illegal producers of such opioids 
                        in such countries; and
                    ``(ii) an assessment of--
                            ``(I) the policies of such countries 
                        relating to the regulation of licit manufacture 
                        and interdiction of illicit manufacture, 
                        diversion, distribution, and shipment of such 
                        opioids; and
                            ``(II) the effectiveness of the 
                        implementation of such policies.
            ``(B) A separate section on policies for responding to new 
        psychoactive substances (as defined in section 2 of the 
        FENTANYL Results Act), including--
                    ``(i) which foreign governments have articulated 
                policies on scheduling of such substances;
                    ``(ii) any data on the effects of such policies and 
                other responses to such substances; and
                    ``(iii) an assessment of which policies the United 
                States Government may consider articulating.''.
    (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) by amending 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;''.
                                 <all>