S.Amdt. 5929
What it does: Adds SEC. 1254. REPORTS ON PRODUCTION, INTERNATIONAL TRANSPORT, AND SEIZURE OF CERTAIN ILLICIT DRUGS at the end of subtitle D of title XIIWhat it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 1254. REPORTS ON PRODUCTION, INTERNATIONAL TRANSPORT, AND SEIZURE OF CERTAIN ILLICIT DRUGS at the end of subtitle D of title XII
Adds a sectionIn S.Amdt. 5499 as proposed
(2) modifies or deletes in any way the content of the project as a result of any direction from any entity of the Government of the People's Republic of China or the Chinese Communist Party.
Inserted: SEC. 1254. REPORTS ON PRODUCTION, INTERNATIONAL TRANSPORT, AND SEIZURE OF CERTAIN ILLICIT DRUGS.
Inserted: (a) Findings.--Congress finds the following:
Inserted: (1) In January 2020, the Drug Enforcement Agency named China as the primary source of United States-bound, illicit, fentanyl-related substances.
Inserted: (2) Although China instituted domestic controls in 2018 and 2019 on the production and exportation of fentanyl, some of its variants, and two precursors known as NPP and 4-ANPP, and the United Nations Commission on Narcotic Drugs recently voted unanimously in favor of controlling 4-AP and two other precursors, 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.
Inserted: (3) According to the Commission on Combating Synthetic Opioid Trafficking Final Report, which was published in February 2022, illicit fentanyl and related analogues entering the United States are now primarily trafficked across the southern border from Mexico, where drug cartels use precursors from China to manufacture these deadly substances.
Inserted: (4) The Joint Interagency Task Force West, which is part of United States Indo-Pacific Command, uses military and law enforcement capabilities to combat drug-related transnational crime in the Asia-Pacific Region, including by supporting law enforcement in efforts to reduce the illicit flow of drugs and precursors originating in Asia and intended for markets in the United States.
Inserted: (5) From June 2020 through May 2021, more than 100,000 Americans died from drug overdoses, roughly two-thirds of which involved synthetic opioids, such as fentanyl and related analogues.
Inserted: (b) Definitions.--In this section:
Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
Inserted: (A) the Committee on Armed Services of the Senate;
Inserted: (B) the Committee on the Judiciary of the Senate;
Inserted: (C) the Committee on Foreign Relations of the Senate;
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Inserted: (D) the Committee on Armed Services of the House of Representatives;
Inserted: (E) the Committee on the Judiciary of the House of Representatives; and
Inserted: (F) the Committee on Foreign Affairs of the House of Representatives.
Inserted: (2) China.--The term "China" means the People's Republic of China.
Inserted: (3) Precursors.--The term "precursors" means chemicals used in the illicit production of fentanyl and related synthetic opioid variants.
Inserted: (c) Report on China's Scheduling of Fentanyl and Synthetic Opioid Precursors and Steps to Combat Fentanyl Production and Trafficking in China.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Joint Interagency Task Force West and in consultation with 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--
Inserted: (1) a description of United States Government efforts to secure implementation by the Chinese Government of international narcotics controls regarding unregulated fentanyl precursors, such as 4-AP; and
Inserted: (2) a plan for future steps the United States Government will take to combat illicit fentanyl production and trafficking originating in China.
Inserted: (d) Annual Report on Drug Seizures.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, acting through the Director of the Joint Interagency Task Force West and in coordination with the Drug Enforcement Agency, 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 State, the United States Postal Service, and any other relevant agency, shall submit a report to the appropriate committees of Congress that describes--
Inserted: (1) with respect to illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors that originated in the Asia-Pacific region and have been seized at the United States borders and ports of entry--
Inserted: (A) the source countries from which such drugs originated and the third party countries through which such drugs traveled;
Inserted: (B) the methods used for transporting such drugs from the Asia-Pacific region to the United States borders and ports of entry;
Inserted: (C) the amounts of illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors; and
Inserted: (D) 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;
Inserted: (2) with respect to illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors that originated in the Asia-Pacific region and have been seized within the United States--
Inserted: (A) the source countries from which such drugs originated and the third party countries through which such drugs traveled;
Inserted: (B) the methods used for transporting such drugs from the Asia-Pacific region to the United States borders and ports of entry;
Inserted: (C) 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
Inserted: (D) 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
Inserted: (3) the activities conducted by Chinese entities and nationals in furtherance of illicit fentanyl production in Mexico for drug trafficking purposes.
Original wording
At the end of subtitle D of title XII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5929. Mr. HAGERTY submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 D of title XII, add the following:
SEC. 1254. REPORTS ON PRODUCTION, INTERNATIONAL TRANSPORT, AND SEIZURE OF CERTAIN ILLICIT DRUGS.
(a) Findings.--Congress finds the following:
(1) In January 2020, the Drug Enforcement Agency named China as the primary source of United States-bound, illicit, fentanyl-related substances.
(2) Although China instituted domestic controls in 2018 and 2019 on the production and exportation of fentanyl, some of its variants, and two precursors known as NPP and 4-ANPP, and the United Nations Commission on Narcotic Drugs recently voted unanimously in favor of controlling 4-AP and two other precursors, 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) According to the Commission on Combating Synthetic Opioid Trafficking Final Report, which was published in February 2022, illicit fentanyl and related analogues entering the United States are now primarily trafficked across the southern border from Mexico, where drug cartels use precursors from China to manufacture these deadly substances.
(4) The Joint Interagency Task Force West, which is part of United States Indo-Pacific Command, uses military and law enforcement capabilities to combat drug-related transnational crime in the Asia-Pacific Region, including by supporting law enforcement in efforts to reduce the illicit flow of drugs and precursors originating in Asia and intended for markets in the United States.
(5) From June 2020 through May 2021, more than 100,000 Americans died from drug overdoses, roughly two-thirds of which involved synthetic opioids, such as fentanyl and related analogues.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term “appropriate committees of Congress” means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on Armed Services of the House of Representatives;
(E) the Committee on the Judiciary of the House of Representatives; and
(F) the Committee on Foreign Affairs of the House of Representatives.
(2) China.--The term “China” means the People's Republic of China.
(3) Precursors.--The term “precursors” means chemicals used in the illicit production of fentanyl and related synthetic opioid variants.
(c) Report on China's Scheduling of Fentanyl and Synthetic Opioid Precursors and Steps to Combat Fentanyl Production and Trafficking in China.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Joint Interagency Task Force West and in consultation with 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 secure implementation by the Chinese Government of international narcotics controls regarding unregulated fentanyl precursors, such as 4-AP; and
(2) a plan for future steps the United States Government will take to combat illicit fentanyl production and trafficking originating in China.
(d) Annual Report on Drug Seizures.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, acting through the Director of the Joint Interagency Task Force West and in coordination with the Drug Enforcement Agency, 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 State, the United States Postal Service, and any other relevant agency, shall submit a report to the appropriate committees of 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 that originated in the Asia-Pacific region and have been 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 methods used for transporting such drugs from the Asia-Pacific region to the United States borders and ports of entry;
(C) the amounts of illicit fentanyl, fentanyl analogues, synthetic opioids, the precursors for illicit fentanyl, fentanyl analogues, or synthetic opioids, methamphetamine, or methamphetamine precursors; and
(D) 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 that originated in the Asia-Pacific region and have been 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 methods used for transporting such drugs from the Asia-Pacific region to the United States borders and ports of entry;
(C) 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
(D) 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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Senate amendment submitted
September 28, 2022