S.Amdt. 2710

SA 2710. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 B of title X, add the following:

SEC. 1014. IMPROVING DRUG TRAFFICKING REPORTING REQUIREMENTS
AND ENHANCING SANCTIONS ON FENTANYL
TRAFFICKERS.

(a) International Narcotics Control Strategy Report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``March 1'' and inserting ``June 1''; and
(2) in paragraph (8)(A)(i), by striking ``pseudoephedrine''
and all that follows through ``chemicals)'' and inserting
``chemical precursors used in the production of
methamphetamine that significantly affected the United
States''.
(b) Study and Report on Bilateral Efforts to Address
Chinese Fentanyl Trafficking.--
(1) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on the Judiciary of the Senate;
(ii) the Committee on Foreign Relations of the Senate;
(iii) the Committee on the Judiciary of the House of
Representatives; and
(iv) the Committee on Foreign Affairs of the House of
Representatives.
(B) China.--The term ``China'' means the People's Republic
of China.
(C) DEA.--The term ``DEA'' means the Drug Enforcement
Administration.
(2) 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 jointly submit to the appropriate
committees of Congress an unclassified written report, with a
classified annex, that includes--
(A) a description of United States Government efforts to
gain a commitment from the Government of China to submit
unregulated fentanyl precursors, such as 4-AP, to controls;
(B) a plan for future steps the United States Government
will take to urge the Government of China to combat illicit
fentanyl production and trafficking originating in China;
(C) a detailed description of cooperation by the Government
of China to address the role of the Chinese financial system
and Chinese money laundering organizations in the trafficking
of fentanyl and synthetic opioid precursors;
(D) an assessment of expected impact that the designation
of principal corporate officers of Chinese financial
institutions for facilitating narcotics-related money
laundering would have on Chinese money laundering
organizations; and
(E) an assessment of whether the Trilateral Fentanyl
Committee, which was established by the United States,
Canada, and Mexico during the January 2023 North American
Leaders' Summit, is improving cooperation with law
enforcement and financial regulators in Canada and Mexico to
combat the role of Chinese financial institutions and Chinese
money laundering organizations in narcotics trafficking.
(3) Establishment of dea offices in china.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of State and the Attorney General shall jointly
provide to the appropriate committees of Congress a
classified briefing on--
(A) outreach and negotiations undertaken by the United
States Government with the Government of China that was aimed
at securing the approval of the Government of China to
establish of United States Drug Enforcement Administration
offices in Shanghai and Guangzhou, China; and
(B) additional efforts to establish new partnerships with
provincial-level authorities in China to counter the illicit
trafficking of fentanyl, fentanyl analogues, and their
precursors.
(c) Prioritization of Identification of Persons From
China.--Section 7211 of the Fentanyl Sanctions Act (21 U.S.C.
2311) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Prioritization.--
``(A) Defined term.--In this paragraph, the term `person of
the People's Republic of China' means--
``(i) an individual who is a citizen or national of the
People's Republic of China; or
``(ii) an entity organized under the laws of the People's
Republic of China or otherwise subject to the jurisdiction of
the Government of the People's Republic of China.
``(B) In general.--In preparing the report required under
paragraph (1), the President shall prioritize, to the
greatest extent practicable, the identification of persons of
the People's Republic of China involved in the shipment of
fentanyl, fentanyl analogues, fentanyl precursors, precursors
for fentanyl analogues, pre-precursors for fentanyl and
fentanyl analogues, and equipment for the manufacturing of
fentanyl and fentanyl-laced counterfeit pills to Mexico or
any other country that is involved in the production of
fentanyl trafficked into the United States, including--
``(i) any entity involved in the production of
pharmaceuticals; and
``(ii) any person that is acting on behalf of any such
entity.
``(C) Termination of prioritization.--The President shall
continue the prioritization required under subparagraph (B)
until the President certifies to the appropriate
congressional committees that the People's Republic of China
is no longer the primary source for the shipment of fentanyl,
fentanyl analogues, fentanyl precursors, precursors for
fentanyl analogues, pre-precursors for fentanyl and fentanyl
analogues, and equipment for the manufacturing of fentanyl
and fentanyl-laced counterfeit pills to Mexico or any other
country that is involved in the production of fentanyl
trafficked into the United States.''; and
(2) in subsection (c), by striking ``the date that is 5
years after such date of enactment'' and inserting ``December
31, 2030''.
(d) Expansion of Sanctions Under the Fentanyl Sanctions
Act.--Section 7212 of the Fentanyl Sanctions Act (21 U.S.C.
2312) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) the President determines has knowingly has engaged
in, or attempted to engage in, an activity or transaction
that has materially contributed to opioid trafficking; or
``(4) the President determines--
``(A) has received any property or interest in property
that the foreign person knows--
``(i) constitutes or is derived from the proceeds of an
activity or transaction described in paragraph (1); or
``(ii) was used or intended to be used to commit or to
facilitate such an activity or transaction;
``(B) has knowingly provided, or attempted to provide,
financial, material, or technological support for, including
through the provision of goods or services in support of--
``(i) any activity or transaction described in paragraph
(1); or
``(ii) any foreign person described in paragraph (1); or
``(C) is or has been owned, controlled, or directed by any
foreign person described in paragraph (1) or subparagraph (A)
or (B), or

[[Page S5008]]

has knowingly acted or purported to act for or on behalf of,
directly or indirectly, such a foreign person.''.
(e) Imposition of Sanctions With Respect to Agencies or
Instrumentalities of Foreign States.--The President shall--
(1) impose 1 or more of the sanctions described in section
7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313) with
respect to each agency or instrumentality of a foreign state
(as defined in section 1603(b) of title 28, United States
Code) that the President determines--
(A) has engaged in, or attempted to engage in, an activity
or transaction that has materially contributed to opioid
trafficking; or
(B) has provided, or attempted to provide, financial,
material, or technological support for, (including through
the provision of goods or services in support of) any
activity or transaction described in subparagraph (A); or
(2) impose the sanction described in section 7213(a)(6) of
the Fentanyl Sanctions Act (21 U.S.C. 2313(a)(6)) on each
foreign person that the President determines--
(A) is a senior official of an agency or instrumentality of
a foreign state described in paragraph (1);
(B) is or has been owned, controlled, or directed by an
agency or instrumentality of a foreign state described in
paragraph (1); or
(C) has knowingly acted or purported to act for or on
behalf of, directly or indirectly, such a foreign state.
______