Section 1 Short titles
This Act may be cited as the “Break Up Suspicious Transactions of Fentanyl Act” or the “BUST FENTANYL Act”.
Break Up Suspicious Transactions of Fentanyl Act
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.
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—
in the matter preceding paragraph (1), by striking “March 1” and inserting “June 1”; and
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
Definitions— In this section:
Appropriate committees of congress— The term appropriate committees of Congress means—
the Committee on the Judiciary of the Senate;
the Committee on Foreign Relations of the Senate;
the Committee on the Judiciary of the House of Representatives; and
the Committee on Foreign Affairs of the House of Representatives.
DEA— The term DEA means the Drug Enforcement Administration.
PRC— The term PRC means the People’s Republic of China.
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—
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;
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;
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;
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;
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;
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;
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;
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;
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
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.
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—
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
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—
in subsection (a)—
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
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.”
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—
in paragraph (1), by striking “or” at the end;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
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
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).
In general— The President may—
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—
engaged in a significant activity or a significant financial transaction that has materially contributed to opioid trafficking; or
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
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.”