II
119THCONGRESS
1
STSESSION S. 860
To modify the information about countries exporting methamphetamine that
is included in the annual International Narcotics Control Strategy Re-
port, 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
MARCH5, 2025
Mr. R
ISCH(for himself and Mrs. SHAHEEN) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
A BILL
To modify the information about countries exporting meth-
amphetamine 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 Representa-1
tives of the United States of America in Congress assembled, 2
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SECTION 1. SHORT TITLES. 1
This Act may be cited as the ‘‘Break Up Suspicious 2
Transactions of Fentanyl Act’’ or the ‘‘BUST 3
FENTANYL Act’’. 4
SEC. 2. INTERNATIONAL NARCOTICS CONTROL STRATEGY 5
REPORT. 6
Section 489(a) of the Foreign Assistance Act of 1961 7
(22 U.S.C. 2291h(a)) is amended— 8
(1) in the matter preceding paragraph (1), by 9
striking ‘‘March 1’’ and inserting ‘‘June 1’’; and 10
(2) in paragraph (8)(A)(i), by striking 11
‘‘pseudoephedrine’’ and all that follows through 12
‘‘chemicals)’’ and inserting ‘‘chemical precursors 13
used in the production of methamphetamine that 14
significantly affected the United States’’. 15
SEC. 3. STUDY AND REPORT ON EFFORTS TO ADDRESS 16
FENTANYL TRAFFICKING FROM THE PEO-17
PLE’S REPUBLIC OF CHINA AND OTHER REL-18
EVANT COUNTRIES. 19
(a) D
EFINITIONS.—In this section: 20
(1) A
PPROPRIATE COMMITTEES OF CON -21
GRESS.—The term ‘‘appropriate committees of Con-22
gress’’ means— 23
(A) the Committee on the Judiciary of the 24
Senate; 25
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(B) the Committee on Foreign Relations of 1
the Senate; 2
(C) the Committee on the Judiciary of the 3
House of Representatives; and 4
(D) the Committee on Foreign Affairs of 5
the House of Representatives. 6
(2) DEA.—The term ‘‘DEA’’ means the Drug 7
Enforcement Administration. 8
(3) PRC.—The term ‘‘PRC’’ means the Peo-9
ple’s Republic of China. 10
(b) S
TUDY AND REPORT ONADDRESSINGTRAF-11
FICKING OFFENTANYL ANDOTHERSYNTHETICOPIOIDS 12
F
ROM THEPRC ANDOTHERRELEVANTCOUNTRIES.— 13
Not later than 180 days after the date of the enactment 14
of this Act, the Secretary of State and the Attorney Gen-15
eral shall jointly submit to the appropriate committees of 16
Congress an unclassified written report, with a classified 17
annex, that includes— 18
(1) a description of United States Government 19
efforts to gain a commitment from the Government 20
of the PRC to submit unregulated fentanyl precur-21
sors, such as 4–AP, to controls; 22
(2) a plan for future steps the United States 23
Government will take to urge the Government of the 24
PRC to combat the production and trafficking of il-25
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licit fentanyl and synthetic opioids from the PRC, 1
including the trafficking of precursor chemicals used 2
to produce illicit narcotics in Mexico and in other 3
countries; 4
(3) a detailed description of cooperation by the 5
Government of the PRC to address the role of the 6
PRC financial system and PRC money laundering 7
organizations in the trafficking of fentanyl and syn-8
thetic opioid precursors; 9
(4) an assessment of the expected impact that 10
the designation of principal corporate officers of 11
PRC financial institutions for facilitating narcotics- 12
related money laundering would have on PRC money 13
laundering organizations; 14
(5) an assessment of whether the Trilateral 15
Fentanyl Committee, which was established by the 16
United States, Canada, and Mexico during the Jan-17
uary 2023 North American Leaders’ Summit, is im-18
proving cooperation with law enforcement and finan-19
cial regulators in Canada and Mexico to combat the 20
role of PRC financial institutions and PRC money 21
laundering organizations in narcotics trafficking; 22
(6) an assessment of the effectiveness of other 23
United States bilateral and multilateral efforts to 24
strengthen international cooperation to address the 25
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PRC’s role in the trafficking of fentanyl and syn-1
thetic opioid precursors, including through the Glob-2
al Coalition to Address Synthetic Drug Threats; 3
(7) an update on the status of commitments 4
made by third countries through the Global Coali-5
tion to Address Synthetic Drug Threats to combat 6
the synthetic opioid crisis and progress towards the 7
implementation of such commitments; 8
(8) a plan for future steps to further strengthen 9
bilateral and multilateral efforts to urge the Govern-10
ment of the PRC to take additional actions to ad-11
dress the PRC’s role in the trafficking of fentanyl 12
and synthetic opioid precursors, particularly in co-13
ordination with countries in East Asia and South-14
east Asia that have been impacted by such activities; 15
(9) an assessment of how actions the Govern-16
ment of the PRC has taken since November 15, 17
2023 has shifted relevant supply chains for fentanyl 18
and synthetic opioid precursors, if at all; and 19
(10) the items described in paragraphs (1) 20
through (4) pertaining to India, Mexico, and other 21
countries the Secretary of State determines to have 22
a significant role in the production or trafficking of 23
fentanyl and synthetic opioid precursors for pur-24
poses of this report. 25
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(c) ESTABLISHMENT OF DEA OFFICES IN THE 1
PRC.—Not later than 180 days after the date of the en-2
actment of this Act, the Secretary of State and the Attor-3
ney General shall jointly provide to the appropriate com-4
mittees of Congress a classified briefing on— 5
(1) outreach and negotiations undertaken by 6
the United States Government with the Government 7
of the PRC that was aimed at securing the approval 8
of the Government of the PRC to establish of United 9
States Drug Enforcement Administration offices in 10
Shanghai and Guangzhou, the PRC; and 11
(2) additional efforts to establish new partner-12
ships with provincial-level authorities in the PRC to 13
counter the illicit trafficking of fentanyl, fentanyl 14
analogues, and their precursors. 15
SEC. 4. PRIORITIZATION OF IDENTIFICATION OF PERSONS 16
FROM THE PEOPLE’S REPUBLIC OF CHINA. 17
Section 7211 of the Fentanyl Sanctions Act (21 18
U.S.C. 2311) is amended— 19
(1) in subsection (a)— 20
(A) by redesignating paragraphs (3) and 21
(4) as paragraphs (4) and (5), respectively; and 22
(B) by inserting after paragraph (2) the 23
following: 24
‘‘(3) P
RIORITIZATION.— 25
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‘‘(A) DEFINED TERM.—In this paragraph, 1
the term ‘person of the People’s Republic of 2
China’ means— 3
‘‘(i) an individual who is a citizen or 4
national of the People’s Republic of China; 5
or 6
‘‘(ii) an entity organized under the 7
laws of the People’s Republic of China or 8
otherwise subject to the jurisdiction of the 9
Government of the People’s Republic of 10
China. 11
‘‘(B) I
N GENERAL.—In preparing the re-12
port required under paragraph (1), the Presi-13
dent shall prioritize, to the greatest extent prac-14
ticable, the identification of persons of the Peo-15
ple’s Republic of China involved in the shipment 16
of fentanyl, fentanyl analogues, fentanyl precur-17
sors, precursors for fentanyl analogues, pre-pre-18
cursors for fentanyl and fentanyl analogues, 19
and equipment for the manufacturing of 20
fentanyl and fentanyl-laced counterfeit pills to 21
Mexico or any other country that is involved in 22
the production of fentanyl trafficked into the 23
United States, including— 24
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‘‘(i) any entity involved in the produc-1
tion of pharmaceuticals; and 2
‘‘(ii) any person that is acting on be-3
half of any such entity. 4
‘‘(C) T
ERMINATION OF PRIORITIZATION .— 5
The President shall continue the prioritization 6
required under subparagraph (B) until the 7
President certifies to the appropriate congres-8
sional committees that the People’s Republic of 9
China is no longer the primary source for the 10
shipment of fentanyl, fentanyl analogues, 11
fentanyl precursors, precursors for fentanyl 12
analogues, pre-precursors for fentanyl and 13
fentanyl analogues, and equipment for the man-14
ufacturing of fentanyl and fentanyl-laced coun-15
terfeit pills to Mexico or any other country that 16
is involved in the production of fentanyl traf-17
ficked into the United States.’’; and 18
(2) in subsection (c), by striking ‘‘the date that 19
is 5 years after such date of enactment’’ and insert-20
ing ‘‘December 31, 2030’’. 21
SEC. 5. EXPANSION OF SANCTIONS UNDER THE FENTANYL 22
SANCTIONS ACT. 23
Section 7212 of the Fentanyl Sanctions Act (21 24
U.S.C. 2312) is amended— 25
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(1) in paragraph (1), by striking ‘‘or’’ at the 1
end; 2
(2) in paragraph (2), by striking the period at 3
the end and inserting a semicolon; and 4
(3) by adding at the end the following: 5
‘‘(3) the President determines has knowingly 6
engaged in, on or after the date of the enactment of 7
the BUST FENTANYL Act, a significant activity 8
or significant financial transaction that has materi-9
ally contributed to opioid trafficking; or 10
‘‘(4) the President determines— 11
‘‘(A) has received any property or interest 12
in property that the foreign person knows— 13
‘‘(i) constitutes or is derived from the 14
proceeds of an activity or transaction de-15
scribed in paragraph (3); or 16
‘‘(ii) was used or intended to be used 17
to commit or to facilitate such an activity 18
or transaction; 19
‘‘(B) has knowingly provided significant fi-20
nancial, material, or technological support for, 21
including through the provision of goods or 22
services in support of— 23
‘‘(i) any activity or transaction de-24
scribed in paragraph (3); or 25
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‘‘(ii) any foreign person described in 1
paragraph (3); or 2
‘‘(C) is or has been owned, controlled, or 3
directed by any foreign person described in sub-4
paragraph (A) or (B) or in paragraph (3), or 5
has knowingly acted or purported to act for or 6
on behalf of, directly or indirectly, such a for-7
eign person.’’. 8
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO 9
AGENCIES OR INSTRUMENTALITIES OF FOR-10
EIGN STATES. 11
(a) D
EFINITIONS.—In this section, the terms ‘‘know-12
ingly’’ and ‘‘opioid trafficking’’ have the meanings given 13
such terms in section 7203 of the Fentanyl Sanctions Act 14
(21 U.S.C. 2302). 15
(b) I
NGENERAL.—The President may— 16
(1) impose one or more of the sanctions de-17
scribed in section 7213 of the Fentanyl Sanctions 18
Act (21 U.S.C. 2313) with respect to each political 19
subdivision, agency, or instrumentality of a foreign 20
government, including any financial institution 21
owned or controlled by a foreign government, that 22
the President determines has knowingly, on or after 23
the date of the enactment of this Act— 24
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(A) engaged in a significant activity or a 1
significant financial transaction that has mate-2
rially contributed to opioid trafficking; or 3
(B) provided financial, material, or techno-4
logical support for (including through the provi-5
sion of goods or services in support of) any sig-6
nificant activity or significant financial trans-7
action described in subparagraph (A); and 8
(2) impose one or more of the sanctions de-9
scribed in section 7213(a)(6) of the Fentanyl Sanc-10
tions Act (21 U.S.C. 2313(a)(6)) with respect to 11
each senior official of a political subdivision, agency, 12
or instrumentality of a foreign government that the 13
President determines has knowingly, on or after the 14
date of the enactment of this Act, facilitated a sig-15
nificant activity or a significant financial transaction 16
described in paragraph (1). 17
SEC. 7. ANNUAL REPORT ON EFFORTS TO PREVENT THE 18
SMUGGLING OF METHAMPHETAMINE INTO 19
THE UNITED STATES FROM MEXICO. 20
Section 723(c) of the Combat Methamphetamine Epi-21
demic Act of 2005 (22 U.S.C. 2291 note) is amended by 22
striking the period at the end and inserting the following 23
‘‘, which shall— 24
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‘‘(1) identify the significant source countries for 1
methamphetamine that significantly affect the 2
United States, and 3
‘‘(2) describe the actions by the governments of 4
the countries identified pursuant to paragraph (1) to 5
combat the diversion of relevant precursor chemicals 6
and the production and trafficking of methamphet-7
amine.’’. 8
Æ
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