[Pages S1669-S1670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1247. Mr. RISCH (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 331, to amend 
the Controlled Substances Act with respect to the scheduling of 
fentanyl-related substances, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

                      TITLE II--BUST FENTANYL ACT

     SEC. 201. SHORT TITLES.

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

     SEC. 202. 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. 203. 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. 204. 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

[[Page S1670]]

     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. 205. 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. 206. 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. 207. 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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