[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 400 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 400

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.


_______________________________________________________________________


                   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.

    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 ``Blocking Deadly Fentanyl Imports 
Act''.

SEC. 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;''.

SEC. 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.''.

SEC. 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''.
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