[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5380-S5381]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3614. Mr. RISCH (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 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 E of title XII, add the following:
SEC. 1265. REPORTING AND SANCTIONS INVOLVING CERTAIN ILLICIT
DRUGS.
(a) Short Titles.--This section may be cited as the ``Break
Up Suspicious Transactions of Fentanyl Act'' or the ``BUST
FENTANYL Act''.
(b) 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''.
(c) Study and Report on Efforts to Address Fentanyl
Trafficking From the People's Republic of China and Other
Relevant Countries.--
(1) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on the Judiciary of the Senate;
(ii) the Committee on Foreign Relations of the Senate;
(iii) the Committee on the Judiciary of the House of
Representatives; and
(iv) the Committee on Foreign Affairs of the House of
Representatives.
(B) DEA.--The term ``DEA'' means the Drug Enforcement
Administration.
(C) PRC.--The term ``PRC'' means the People's Republic of
China.
(2) 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) 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;
(B) 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;
(C) 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;
(D) 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;
(E) 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;
(F) 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;
(G) 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;
(H) 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;
(I) 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
(J) the items described in subparagraphs (A) through (D)
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.
(3) 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--
(A) 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
(B) 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.
(d) 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''.
(e) 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.''.
(f) Imposition of Sanctions With Respect to Agencies or
Instrumentalities of Foreign States.--
(1) Definitions.--In this subsection, 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).
(2) In general.--The President may--
(A) 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
[[Page S5381]]
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--
(i) engaged in a significant activity or a significant
financial transaction that has materially contributed to
opioid trafficking; or
(ii) 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 clause (i); and
(B) 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 subparagraph (A).
(g) 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.''.
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