[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3215-S3216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1745. Mrs. SHAHEEN (for herself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of division C, add the following:
TITLE VI--COMBATING SYNTHETIC DRUGS
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Fighting Emerging
Narcotics Through Additional Nations to Yield Lasting Results
Act'' or ``FENTANYL Results Act''.
SEC. 3602. 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 3603.
(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 3604.
(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
SEC. 3603. 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.
[[Page S3216]]
Such amounts shall be in addition to amounts otherwise
available for such purposes.
SEC. 3604. 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.
SEC. 3605. 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
3607 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.''.
SEC. 3606. 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. 3607. DEFINITIONS.
In this title:
(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.
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