[Congressional Record Volume 167, Number 189 (Wednesday, October 27, 2021)]
[Senate]
[Pages S7423-S7424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3925. Mr. TOOMEY (for himself and Ms. Hassan) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 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 end of subtitle B of title X, add the following:

     SEC. 1013. BLOCKING DEADLY FENTANYL IMPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Blocking Deadly Fentanyl Imports Act''.
       (b) Definitions.--Section 481(e) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2291(e)) is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``in which'';
       (B) in subparagraph (A), by inserting ``in which'' before 
     ``1,000'';
       (C) in subparagraph (B)--
       (i) by inserting ``in which'' before ``1,000''; and
       (ii) by striking ``or'' at the end;
       (D) in subparagraph (C)--
       (i) by inserting ``in which'' before ``5,000''; and
       (ii) by inserting ``or'' after the semicolon; and
       (E) by adding at the end the following:
       ``(D) that is a significant source of illicit synthetic 
     opioids significantly affecting the United States;''; and
       (2) in paragraph (4)--
       (A) in subparagraph (C), by striking ``and'' at the end; 
     and
       (B) by adding at the end the following:
       ``(E) assistance that furthers the objectives set forth in 
     paragraphs (1) through (4) of section 664(b) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 
     2151n-2(b));
       ``(F) assistance to combat trafficking authorized under the 
     Victims of Trafficking and Violence Protection Act of 2000 
     (22 U.S.C. 7101 et seq.)); and

[[Page S7424]]

       ``(G) global health assistance authorized under sections 
     104 through 104C of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151b through 22 U.S.C. 2151b-4).''.
       (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:
       ``(10) A separate section that contains the following:
       ``(A) An identification of the countries, to the extent 
     feasible, that are the most significant sources of illicit 
     fentanyl and fentanyl analogues significantly affecting the 
     United States during the preceding calendar year.
       ``(B) A description of the extent to which each country 
     identified pursuant to subparagraph (A) has cooperated with 
     the United States to prevent the articles or chemicals 
     described in subparagraph (A) from being exported from such 
     country to the United States.
       ``(C) A description of whether each country identified 
     pursuant to subparagraph (A) has adopted and utilizes 
     scheduling or other procedures for illicit drugs that are 
     similar in effect 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;
       ``(D) A description of whether each country identified 
     pursuant to subparagraph (A) is following steps to prosecute 
     individuals involved in the illicit manufacture or 
     distribution of controlled substance analogues (as defined in 
     section 102(32) of the Controlled Substances Act (21 U.S.C. 
     802(32)); and
       ``(E) A description of whether each country identified 
     pursuant to subparagraph (A) requires the registration of 
     tableting machines and encapsulating machines or other 
     measures similar in effect to the registration requirements 
     set forth in part 1310 of title 21, Code of Federal 
     Regulations, and has not made good faith efforts, in the 
     opinion of the Secretary, to improve regulation of tableting 
     machines and encapsulating machines.''.
       (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 ``or country identified 
     pursuant to clause (i) or (ii) of section 489(a)(8)(A) of 
     this Act'' and inserting ``country identified pursuant to 
     section 489(a)(8)(A), or country thrice identified during a 
     5-year period pursuant to section 489(a)(10)(A)''; and
       (B) in paragraph (2), by striking ``or major drug-transit 
     country (as determined under subsection (h)) or country 
     identified pursuant to clause (i) or (ii) of section 
     489(a)(8)(A) of this Act'' and inserting ``, major drug-
     transit country, country identified pursuant to section 
     489(a)(8)(A), or country thrice identified during a 5-year 
     period pursuant to section 489(a)(10)(A)''.
       (2) Designation of illicit fentanyl countries without 
     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 (D);
       (D) by inserting after subparagraph (A) the following:
       ``(B) designate each country, if any, identified under 
     section 489(a)(10) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(10)) that has failed to adopt and utilize 
     scheduling procedures for illicit drugs 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 (D), as redesignated, by striking ``so 
     designated'' and inserting ``designated under subparagraph 
     (A), (B), or (C)''.
       (3) Designation of illicit fentanyl 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 under 
     section 489(a)(10) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(10)) that has not taken significant steps to 
     prosecute individuals involved in the illicit manufacture or 
     distribution of controlled substance analogues (as defined in 
     section 102(32) of the Controlled Substances Act (21 U.S.C. 
     802(32));''.
       (4) Limitation on assistance for designated countries.--
     Section 706(3) of the Foreign Relations Authorization Act, 
     Fiscal Year 2003 (22 U.S.C. 2291j-1(3)) is amended by 
     striking ``also designated under paragraph (2) in the 
     report'' and inserting ``designated in the report under 
     paragraph (2)(A) or thrice designated during a 5-year period 
     in the report under subparagraph (B) or (C) of paragraph 
     (2)''.
       (5) Exceptions to the limitation on assistance.--Section 
     706(5) of the Foreign Relations Authorization Act, Fiscal 
     Year 2003 (22 U.S.C. 2291j-1(5)) is amended--
       (A) by redesignating subparagraph (C) as subparagraph (F);
       (B) by inserting after subparagraph (B) the following:
       ``(C) Notwithstanding paragraph (3), assistance to promote 
     democracy (as described in section 481(e)(4)(E) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(E))) 
     shall be provided to countries identified in a report under 
     paragraph (1) and designated under subparagraph (B) or (C) of 
     paragraph (2), to the extent such countries are otherwise 
     eligible for such assistance, regardless of whether the 
     President reports to the appropriate congressional committees 
     in accordance with such paragraph.
       ``(D) Notwithstanding paragraph (3), assistance to combat 
     trafficking (as described in section 481(e)(4)(F) of such 
     Act) shall be provided to countries identified in a report 
     under paragraph (1) and designated under subparagraph (B) or 
     (C) of paragraph (2), to the extent such countries are 
     otherwise eligible for such assistance, regardless of whether 
     the President reports to the appropriate congressional 
     committees in accordance with such paragraph.
       ``(E) Notwithstanding paragraph (3), global health 
     assistance (as described in section 481(e)(4)(G) of such Act) 
     shall be provided to countries identified in a report under 
     paragraph (1) and designated under subparagraph (B) or (C) of 
     paragraph (2), to the extent such countries are otherwise 
     eligible for such assistance, regardless of whether the 
     President reports to the appropriate congressional committees 
     in accordance with such paragraph''; and
       (C) in subparagraph (F), as redesignated, by striking 
     ``section clause (i) or (ii) of'' and inserting ``clause (i) 
     or (ii) of section''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
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