[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3541-S3542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 543. Mr. TOOMEY (for himself, Mr. Jones, Mrs. Capito, and Mr. 
Casey) submitted an amendment intended to be proposed by him to the 
bill S. 1790, to authorize appropriations for fiscal year 2020 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BLOCKING FENTANYL IMPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Blocking Deadly Fentanyl Imports Act''.
       (b) 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;''.
       (c) 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, to the extent feasible.
       ``(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.''.
       (d) Withholding of Bilateral and Multilateral Assistance.--
       (1) In general.--Section 490(a) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2291j(a)) is amended--
       (A) 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
       (B) 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)''.

[[Page S3542]]

       (2) 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--
       (A) in the matter preceding subparagraph (A), by striking 
     ``also'';
       (B) in subparagraph (A)(ii), by striking ``and'' at the 
     end;
       (C) by redesignating subparagraph (B) as subparagraph (E);
       (D) 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
       (E) in subparagraph (E), as redesignated, by striking ``so 
     designated'' and inserting ``designated under subparagraph 
     (A), (B), (C), or (D)''.
       (3) 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 paragraph (2), 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;''.
       (4) 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 paragraphs 
     (2) and (3), 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''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
                                 ______