S.Amdt. 4693

SA 4693. Mr. HAGERTY 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 end of subtitle F of title X, add the following:

SEC. 1054. STUDY AND REPORT ON BILATERAL EFFORTS TO ADDRESS
CHINESE FENTANYL TRAFFICKING.

(a) Findings.--Congress finds the following:
(1) In January 2020, the DEA named China as the primary
source of United States-bound illicit fentanyl and synthetic
opioids.
(2) While in 2019 China instituted domestic controls on the
production and exportation of fentanyl, some of its variants,
and 2 precursors known as NPP and 4-ANPP, China has not yet
expanded its class scheduling to include many fentanyl
precursors such as 4-AP, which continue to be trafficked to
second countries in which they are used in the final
production of United States-bound fentanyl and other
synthetic opioids.
(3) The DEA currently maintains a presence in Beijing but
continues to seek Chinese approval to open offices in the
major shipping hubs of Guangzhou and Shanghai.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(2) China.--The term ``China'' means the People's Republic
of China.
(3) DEA.--The term ``DEA'' means the Drug Enforcement
Administration.
(4) Precursors.--The term ``precursors'' means chemicals
used in the illicit production of fentanyl and related
synthetic opioid variants.
(c) China's Class Scheduling of Fentanyl and Synthetic
Opioid Precursors.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Attorney General shall submit to the appropriate committees
of Congress an unclassified written report, with a classified
annex, that includes--
(1) a description of United States Government efforts to
gain a commitment from the Chinese Government to submit
unregulated fentanyl precursors such as 4-AP to controls; and
(2) a plan for future steps the United States Government
will take to urge China to combat illicit fentanyl production
and trafficking originating in China.
(d) Establishment of DEA Offices in China.--Not later than
180 days after enactment of this Act, the Secretary of State
and Attorney General shall provide to the appropriate
committees of Congress a classified briefing on--
(1) outreach and negotiations undertaken by the United
States Government with the Chinese Government aimed at
securing its approval for the establishment of DEA offices in
Shanghai and Guangzhou, China; and
(2) additional efforts to establish new partnerships with
provincial-level authorities to counter the illicit
trafficking of fentanyl, fentanyl analogues, and their
precursors.
(e) Report on Drug Seizures.--Not later than 6 months after
the date of the enactment of this Act, and annually
thereafter, the Administrator of the Drug Enforcement
Administration, in coordination with the Office of National
Drug Control Policy, U.S. Customs and Border Protection, the
Department of Homeland Security, the Department of Justice,
the Coast Guard, the Centers for Disease Control and
Prevention, the Office of the United States Trade
Representative, the Office of the Director of National
Intelligence, the Central Intelligence Agency , the
Department of Defense, the United States Postal Service, and
other relevant agencies, shall submit a report to Congress
that describes--
(1) with respect to illicit fentanyl, fentanyl analogues,
synthetic opioids, the precursors for illicit fentanyl,
fentanyl analogues, or synthetic opioids, methamphetamine, or
methamphetamine precursors seized at the United States
borders and ports of entry--
(A) the source countries from which such drugs originated
and the third party countries through which such drugs
traveled;
(B) the amounts of illicit fentanyl, fentanyl analogues,
synthetic opioids, the precursors for illicit fentanyl,
fentanyl analogues, or synthetic opioids, methamphetamine, or
methamphetamine precursors; and
(C) the lethality of the amounts of illicit fentanyl,
fentanyl analogues, synthetic opioids, the precursors for
illicit fentanyl, fentanyl analogues, or synthetic opioids,
methamphetamine, or methamphetamine precursors seized;
(2) with respect to illicit fentanyl, fentanyl analogues,
synthetic opioids, the precursors for illicit fentanyl,
fentanyl analogues, or synthetic opioids, methamphetamine, or
methamphetamine precursors seized within the United States--
(A) the source countries from which such drugs originated
and the third party countries through which such drugs
traveled;
(B) the amounts of illicit fentanyl, fentanyl analogues,
synthetic opioids, the precursors for illicit fentanyl,
fentanyl analogues, or synthetic opioids, methamphetamine, or
methamphetamine precursors seized; and
(C) the lethality of the amounts of illicit fentanyl,
fentanyl analogues, synthetic opioids, the precursors for
illicit fentanyl, fentanyl analogues, or synthetic opioids,
methamphetamine, or methamphetamine precursors seized; and
(3) the activities conducted by Chinese entities and
nationals in furtherance of illicit fentanyl production in
Mexico for drug trafficking purposes.

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