119-s860

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 860 Reported in Senate

    (RS) ]

<DOC>

 Calendar No. 54
119th CONGRESS
 1st Session
 S. 860

 To modify the information about countries exporting methamphetamine 
that is included in the annual International Narcotics Control Strategy 
 Report, to require a report to Congress on the seizure and production 
 of certain illicit drugs, to impose sanctions with respect to the 
 production and trafficking into the United States, of synthetic 
 opioids, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 5, 2025

 Mr. Risch (for himself, Mrs. Shaheen, Mr. Hagerty, and Mr. Coons) 
introduced the following bill; which was read twice and referred to the 
 Committee on Foreign Relations

 April 28, 2025

 Reported by Mr. Risch, without amendment

_______________________________________________________________________

 A BILL

 To modify the information about countries exporting methamphetamine 
that is included in the annual International Narcotics Control Strategy 
 Report, to require a report to Congress on the seizure and production 
 of certain illicit drugs, to impose sanctions with respect to the 
 production and trafficking into the United States, of synthetic 
 opioids, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

 This Act may be cited as the ``Break Up Suspicious Transactions of 
Fentanyl Act'' or the ``BUST FENTANYL Act''.

SEC. 2. 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''.

SEC. 3. STUDY AND REPORT ON EFFORTS TO ADDRESS FENTANYL TRAFFICKING 
 FROM THE PEOPLE'S REPUBLIC OF CHINA AND OTHER RELEVANT 
 COUNTRIES.

    (a) 

=== 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) DEA.--The term ``DEA'' means the Drug Enforcement 
 Administration.

    (3) PRC.--The term ``PRC'' means the People's Republic of 
 China.

    (b) Study and Report on Addressing Trafficking of Fentanyl and 
Other Synthetic Opioids From the PRC and Other Relevant Countries.--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--

    (1) a description of United States Government efforts to 
 gain a commitment from the Government of the PRC to submit 
 unregulated fentanyl precursors, such as 4-AP, to controls;

    (2) a plan for future steps the United States Government 
 will take to urge the Government of the PRC to combat the 
 production and trafficking of illicit fentanyl and synthetic 
 opioids from the PRC, including the trafficking of precursor 
 chemicals used to produce illicit narcotics in Mexico and in 
 other countries;

    (3) a detailed description of cooperation by the Government 
 of the PRC to address the role of the PRC financial system and 
 PRC money laundering organizations in the trafficking of 
 fentanyl and synthetic opioid precursors;

    (4) an assessment of the expected impact that the 
 designation of principal corporate officers of PRC financial 
 institutions for facilitating narcotics-related money 
 laundering would have on PRC money laundering organizations;

    (5) 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 
 PRC financial institutions and PRC money laundering 
 organizations in narcotics trafficking;

    (6) an assessment of the effectiveness of other United 
 States bilateral and multilateral efforts to strengthen 
 international cooperation to address the PRC's role in the 
 trafficking of fentanyl and synthetic opioid precursors, 
 including through the Global Coalition to Address Synthetic 
 Drug Threats;

    (7) an update on the status of commitments made by third 
 countries through the Global Coalition to Address Synthetic 
 Drug Threats to combat the synthetic opioid crisis and progress 
 towards the implementation of such commitments;

    (8) a plan for future steps to further strengthen bilateral 
 and multilateral efforts to urge the Government of the PRC to 
 take additional actions to address the PRC's role in the 
 trafficking of fentanyl and synthetic opioid precursors, 
 particularly in coordination with countries in East Asia and 
 Southeast Asia that have been impacted by such activities;

    (9) an assessment of how actions the Government of the PRC 
 has taken since November 15, 2023 has shifted relevant supply 
 chains for fentanyl and synthetic opioid precursors, if at all; 
 and

    (10) the items described in paragraphs

    (1) through

    (4) pertaining to India, Mexico, and other countries the Secretary 
 of State determines to have a significant role in the 
 production or trafficking of fentanyl and synthetic opioid 
 precursors for purposes of this report.
            (c) Establishment of DEA Offices in the PRC.--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--

    (1) outreach and negotiations undertaken by the United 
 States Government with the Government of the PRC that was aimed 
 at securing the approval of the Government of the PRC to 
 establish of United States Drug Enforcement Administration 
 offices in Shanghai and Guangzhou, the PRC; and

    (2) additional efforts to establish new partnerships with 
 provincial-level authorities in the PRC to counter the illicit 
 trafficking of fentanyl, fentanyl analogues, and their 
 precursors.

SEC. 4. PRIORITIZATION OF IDENTIFICATION OF PERSONS FROM THE PEOPLE'S 
 REPUBLIC OF 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''.

SEC. 5. 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 engaged in, on 
 or after the date of the enactment of the BUST FENTANYL Act, a 
 significant activity or significant financial 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

    (3) ; or
 ``
            (ii) was used or intended to be used to 
 commit or to facilitate such an activity or 
 transaction;
 ``
        (B) has knowingly provided significant 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

    (3) ; or
 ``
            (ii) any foreign person described in 
 paragraph

    (3) ; or
 ``
            (C) is or has been owned, controlled, or directed 
 by any foreign person described in subparagraph
        (A) or
        (B) or in paragraph

    (3) , or has knowingly acted or 
 purported to act for or on behalf of, directly or 
 indirectly, such a foreign person.''.

SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO AGENCIES OR 
 INSTRUMENTALITIES OF FOREIGN STATES.

    (a) 

=== Definitions. ===
-In this section, the terms ``knowingly'' and 
``opioid trafficking'' have the meanings given such terms in 

section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).

    (b) In General.--The President may--

    (1) impose one or more of the sanctions described in 
 

section 7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313) 
 with respect to each political subdivision, agency, or 
 instrumentality of a foreign government, including any 
 financial institution owned or controlled by a foreign 
 government, that the President determines has knowingly, on or 
 after the date of the enactment of this Act--
        (A) engaged in a significant activity or a 
 significant financial transaction that has materially 
 contributed to opioid trafficking; or
        (B) provided financial, material, or technological 
 support for (including through the provision of goods 
 or services in support of) any significant activity or 
 significant financial transaction described in 
 subparagraph
        (A) ; and

    (2) impose one or more of the sanctions described in 
 

section 7213

    (a)

    (6) of the Fentanyl Sanctions Act (21 U.S.C. 
 2313

    (a)

    (6) ) with respect to each senior official of a political 
 subdivision, agency, or instrumentality of a foreign government 
 that the President determines has knowingly, on or after the 
 date of the enactment of this Act, facilitated a significant 
 activity or a significant financial transaction described in 
 paragraph

    (1) .

SEC. 7. ANNUAL REPORT ON EFFORTS TO PREVENT THE SMUGGLING OF 
 METHAMPHETAMINE INTO THE UNITED STATES FROM MEXICO.

 

Section 723
            (c) of the Combat Methamphetamine Epidemic Act of 2005 
(22 U.S.C. 2291 note) is amended by striking the period at the end and 
inserting the following ", which shall--
 ``

    (1) identify the significant source countries for 
 methamphetamine that significantly affect the United States, 
 and
 ``

    (2) describe the actions by the governments of the 
 countries identified pursuant to paragraph

    (1) to combat the 
 diversion of relevant precursor chemicals and the production 
 and trafficking of methamphetamine.''.
 Calendar No. 54

119th CONGRESS

 1st Session

 S. 860

_______________________________________________________________________

 A BILL

 To modify the information about countries exporting methamphetamine 
that is included in the annual International Narcotics Control Strategy 
 Report, to require a report to Congress on the seizure and production 
 of certain illicit drugs, to impose sanctions with respect to the 
 production and trafficking into the United States, of synthetic 
 opioids, and for other purposes.

_______________________________________________________________________

 April 28, 2025

 Reported without amendment