[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7566-S7567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4129. Mrs. SHAHEEN (for herself and Mr. Portman) 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 appropriate place, insert the following:

                  Subtitle __Combating Synthetic Drugs

     SEC. _01. SHORT TITLE.

       This subtitle may be cited as the ``Fighting Emerging 
     Narcotics Through Additional Nations to Yield Lasting Results 
     Act'' or ``FENTANYL Results Act''.

     SEC. _02. 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 _03.
       (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 _04.
       (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; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. _03. 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. 
     Such amounts shall be in addition to amounts otherwise 
     available for such purposes.

     SEC. _04. 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

[[Page S7567]]

     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. _05. 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 
     _07 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. _06. 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. _07. DEFINITIONS.

       In this subtitle:
       (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.
                                 ______