; 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