Blocking Deadly Fentanyl Imports Act
This bill amends the Foreign Assistance Act of 1961 to expand the support for drug eradication programs for countries that are a significant source of illicit fentanyl, require the President to report on the production of illicit fentanyl in foreign countries, and withhold assistance to countries who are a significant source of fentanyl export or diversion.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3463 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3463
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
September 18, 2018
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''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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