[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7990 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 7990


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2020

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
      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 1 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 being 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 2021 through 2025.

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 carry out an exchange 
program for governmental and nongovernmental personnel in the United 
States and 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 and 
        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 the fiscal years 2021 
through 2025, there is authorized to be appropriated to the Secretary 
to carry out this section $1,000,000 for each such fiscal year.

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 
                the 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 what policies the 
                        United States may want to 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) in paragraph (5) to read as follows:
            ``(5) the term `major drug-transit country' means a country 
        through which illicit narcotic or psychotropic drugs or other 
        controlled substances significantly affecting the United States 
        are transported.''.

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.

            Passed the House of Representatives November 18, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.