Blocking Deadly Fentanyl Imports Act

Bill: 116-s-400
Sponsor: full_name: Sen. Toomey, Patrick [R-PA]
Introduced: 2019-02-07
Policy area: International Affairs
Subjects: Congressional oversight

Criminal investigation, prosecution, interrogation

Drug safety, medical device, and laboratory regulation

Drug trafficking and controlled substances

Foreign aid and international relief

Licensing and registrations

Trade restrictions
Latest action: action_date: 2019-02-07
text: Read twice and referred to the Committee on Foreign Relations.

Summaries:
action_date: 2019-02-07
action_desc: Introduced in Senate
text: <p><b>Blocking Deadly Fentanyl Imports Act</b></p> <p>This bill expands reporting requirements related to foreign countries that produce illicit fentanyl and limits assistance to countries that fail to take various actions to combat illegal drug production and trafficking.</p> <p>The President's annual report to Congress on U.S. strategy for controlling international narcotics shall include a section that identifies the countries that are the most significant sources of illicit fentanyl, fentanyl analogues, and precursor chemicals used for producing fentanyl. The report shall also describe the extent to which&nbsp;such a country has cooperated with U.S. efforts to prevent exports of such substances into the United States.</p> <p>The United States shall withhold 50% of the foreign assistance allocated to each identified country for the fiscal year. The Department of the Treasury shall also direct U.S. Executive Directors in each multilateral development bank to vote against making loans or allocating funds to such countries. Both restrictions may be waived if the President certifies that the country has cooperated fully with U.S. anti-drug trafficking efforts or if vital U.S. national interests necessitate&nbsp;such a waiver.</p> <p>The bill also directs the President to identify countries that (1) have not adopted various procedures for countering narcotics production and distribution, or (2)&nbsp;are incapable of prosecuting individuals that manufacture or distribute new types of drugs. <br /></p>

tv_txt: II 116th CONGRESS 1st Session S. 400 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. Short title This Act may be cited as the Blocking Deadly Fentanyl Imports Act . 2. Amendment to definition of major illicit drug producing country Section 481(e)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291(e)(2) ) is amended— (1) in the matter preceding subparagraph (A), by striking in which ; (2) in subparagraph (A), by inserting in which before 1,000 ; (3) in subparagraph (B)— (A) by inserting in which before 1,000 ; and (B) by striking or at the end; (4) in subparagraph (C)— (A) by inserting in which before 5,000 ; and (B) by inserting or after the semicolon; and (5) by adding at the end the following: (D) that is a significant source of illicit fentanyl, fentanyl analogues, or the precursors of fentanyl and fentanyl analogues; . 3. 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: (9) A separate section that contains the following: (A) An identification of the countries that are the most significant exporters of illicit fentanyl, fentanyl analogues, and fentanyl precursor chemicals during the preceding calendar year. (B) An identification of the countries that are the most significant sources of diversion or chemicals described in subparagraph (A) for illicit uses. (C) A description of the extent to which each country identified pursuant to subparagraphs (A) and (B) has cooperated with the United States to prevent the chemicals described in subparagraph (A) from being exported from such country to the United States. . 4. Withholding of bilateral and multilateral assistance (a) In general Section 490(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291j(a) ) is amended— (1) in paragraph (1), by striking clause (i) or (ii) of section 489(a)(8)(A) of this Act and inserting paragraph (8)(A) or (9) of section 489(a) ; and (2) in paragraph (2), by striking clause (i) or (ii) of section 489(a)(8)(A) of this Act and inserting paragraph (8)(A) or (9) of section 489(a) . (b) Designation of countries without emergency scheduling procedures Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ) is amended— (1) in the matter preceding subparagraph (A), by striking also ; (2) in subparagraph (A)(ii), by striking and at the end; (3) by redesignating subparagraph (B) as subparagraph (E); (4) by inserting after subparagraph (A) the following: (B) designate each country, if any, identified in such report that has failed to adopt and utilize emergency scheduling procedures for new illicit drugs and other synthetics that are comparable to the procedures authorized under title II of the Controlled Substances Act ( 21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules; ; and (5) in subparagraph (E), as redesignated, by striking so designated and inserting designated under subparagraph (A), (B), (C), or (D) . (c) Designation of countries without ability To prosecute criminals for the manufacture or distribution of fentanyl analogues Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ), as amended by subsection (b), is further amended by inserting after subparagraph (B) the following: (C) designate each country, if any, identified in such report that is incapable of prosecuting criminals for the manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ( 21 U.S.C. 802(32) ) in the same manner as criminals are prosecuted for the manufacture or distribution of controlled substances; . (d) Designation of countries that do not require the registration of pill presses and tableting machines Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1(2) ), as amended by subsections (b) and (c), is further amended by inserting after subparagraph (C) the following: (D) designate each country, if any, identified in such report that does not require the registration of tableting machines and encapsulating machines in a manner comparable to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations; and .