Sec. 6610. BLOCKING DEADLY FENTANYL IMPORTS

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## SEC. 6610 BLOCKING DEADLY FENTANYL IMPORTS **[**[22 U.S.C. 2151 note](/us/usc/t22/s2151)**]** ###

(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 > > > ##### “(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 Assistance ####

(1)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)”. ####

(2)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));” > . ####

(3)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)”. ####

(4)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)in subparagraph (F), as redesignated, by striking “section clause

(i)or

(ii)of” and inserting “clause

(i)or

(ii)of section”. ###

(e)Effective Date **[**[22 U.S.C. 2291 note](/us/usc/t22/s2291)**]** 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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