[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[Senate]
[Pages S8278-S8279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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