S860-119

1. Short titles This Act may be cited as the Break Up Suspicious Transactions of Fentanyl Act or the BUST FENTANYL Act.

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.

3. Study and report on efforts to address fentanyl trafficking from the People's Republic of China and other relevant countries In this section: 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. The term DEA means the Drug Enforcement Administration. The term PRC means the People’s Republic of 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 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. 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.

6. Imposition of sanctions with respect to agencies or instrumentalities of foreign states 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). 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).