II Calendar No. 403 117th CONGRESS 2d Session S. 1160 IN THE SENATE OF THE UNITED STATES April 15, 2021 Mrs. Shaheen (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations June 14, 2022 Reported by Mr. Menendez , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To prioritize efforts of the Department of State to combat international trafficking in covered synthetic drugs and new psychoactive substances, and for other purposes.

1. Short title This Act may be cited as the Fighting Emerging Narcotics Through Additional Nations to Yield Lasting Results Act or FENTANYL Results Act . 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 Relations and the Committee on Appropriations of the Senate. (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and 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 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. Such amounts shall be in addition to amounts otherwise available for such purposes. 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 fiscal years 2022 through 2026. Such amounts shall be in addition to amounts otherwise available for such purposes. 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 inserting after paragraph (9) the following new paragraph: (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 the following: means— (A) a country in which— ; (B) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and moving such clauses, as so redesignated, two ems to the right; (C) in subparagraph (A)(iii), as redesignated by this paragraph, by striking the semicolon at the end and inserting ; or ; and (D) by adding at the end the following new subparagraph: (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. . 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. 7. Definitions 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, done at New York March 30, 1961, or 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.

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 . 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 of 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, regulatory agencies in foreign countries, and the United Nations Office on Drugs and Crime. (3) Carrying out programs to provide technical assistance and equipment, as appropriate, to strengthen 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 covered synthetic drugs 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 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. 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 strengthen 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 technical assistance, and the provision of equipment, as appropriate, under subsection (a) among those countries described in subsection (c) in which such assistance and equipment 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 for covered synthetic drugs as defined by the Secretary of State. (d) 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 the fiscal years 2022 through 2026. Such amounts shall be in addition to amounts otherwise available for such purposes. 4. Exchange program on demand reduction matters relating to illicit use of covered synthetic 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 covered synthetic drugs 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 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 appropriations There is authorized to be appropriated to the Secretary of State to carry out this section $1,000,000 for each of fiscal years 2022 through 2026. Such amounts shall be in addition to amounts otherwise available for such purposes. 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— (1) by redesignating the second paragraph (10) as paragraph (11); and (2) by adding at the end the following: (12) Covered synthetic drugs and new psychoactive substances (A) Covered synthetic drugs Information that contains an assessment of the countries significantly involved in the manufacture, production, transshipment, or trafficking of covered synthetic drugs, to include the following: (i) The scale of legal domestic production and any available information on the number of manufacturers and producers of such drugs in such countries. (ii) Information on any law enforcement assessments of the scale of illegal production of such drugs, including a description of the capacity of illegal laboratories to produce such drugs. (iii) The types of inputs used and a description of the primary methods of synthesis employed by illegal producers of such drugs. (iv) An assessment of the policies of such countries to regulate licit manufacture and interdict illicit manufacture, diversion, distribution, shipment, and trafficking of such drugs 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, 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. (C) Definitions In this paragraph, the terms covered synthetic drug and new psychoactive substance have the meaning given those terms in section 7 of the FENTANYL Results Act . . (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) in subparagraph (C), by striking ; or and inserting a semicolon; (B) in subparagraph (D), by striking the semicolon at the end and inserting ; or ; and (C) by adding at the end the following: (E) that is a significant direct source of covered synthetic drugs or psychotropic drugs or other controlled substances, including precursor chemicals when those chemicals are used in the production of such drugs and substances, significantly affecting the United States; ; (2) by amending paragraph (5) to read as follows: (5) the term major drug-transit country means a country through which are transported covered synthetic drugs or psychotropic drugs or other controlled substances significantly affecting the United States; ; (3) in paragraph (7), by striking ; and and inserting a semicolon; (4) in paragraph (8), by striking the period at the end and inserting ; and ; and (5) by adding at the end the following: (9) the term covered synthetic drug has the meaning given that term in section 7 of the FENTANYL Results Act . . 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, vote, and influence 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. 7. Definitions In this Act: (1) Covered synthetic drug 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) New psychoactive substance 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, done at New York March 30, 1961, or 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.

June 14, 2022 Reported with an amendment