S.Amdt. 1996

SA 1996. Mr. TOOMEY (for himself and Mr. Jones) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 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 G of title XII of division A, add
the following:

SEC. 1287. BLOCKING DEADLY FENTANYL IMPORTS.

(a) Short Title.--This section may be cited as the
``Blocking Deadly Fentanyl Imports Act''.

[[Page S3469]]

(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;
(B) in subparagraph (D), by adding ``and'' at the end; and
(C) 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
``(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:
``(9) 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 twice identified during a 5-
year period pursuant to section 489(a)(9)(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 twice identified during a 5-year
period pursuant to section 489(a)(9)(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 (E);
(D) by inserting after subparagraph (A) the following:
``(B) designate each country, if any, identified under
section 489(a)(9) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(9)) 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 (E), as redesignated, by striking ``so
designated'' and inserting ``designated under subparagraph
(A), (B), (C), or (D)''.
(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)(9) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(9)) 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) Designation of illicit fentanyl 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 under
section 489(a)(9) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(9)) that--
``(i) 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
``(ii) has not made good faith efforts (in the opinion of
the Secretary) to improve the regulation of tableting
machines and encapsulating machines; and''.
(5) 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 twice designated during a 5-year period
in the report under subparagraph (B), (C), or (D) of
paragraph (2)''.
(6) Exception 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), (C), or
(D) 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),
(C), or (D) 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), (C), or
(D) 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.
______