S-860 : Still Just a Bill

S. 860, also known as the "Break Up Suspicious Transactions of Fentanyl Act" or the "BUST FENTANYL Act," is legislation designed to enhance the United States' efforts to combat the international trafficking of illicit drugs, with a significant focus on synthetic opioids like fentanyl and methamphetamine. Key provisions of the bill include:

• **International Narcotics Control Strategy Report Amendments:** Modifies the annual International Narcotics Control Strategy Report by changing the submission deadline from March 1 to June 1 and specifying that the report should focus on chemical precursors for methamphetamine that significantly affect the United States.
• **Fentanyl Trafficking Study and Report:** Directs the Secretary of State and the Attorney General to jointly submit an unclassified report, with a classified annex, to Congress within 180 days of the bill's enactment. This report will cover:
  • United States government efforts to secure commitments from the People's Republic of China (PRC) to control fentanyl precursors.
  • Future plans to combat the production and trafficking of illicit fentanyl and synthetic opioids from the PRC, including precursors to Mexico and other countries.
  • The extent of cooperation from the PRC government in addressing its financial system's role and PRC money laundering organizations in narcotics trafficking.
  • Assessments of the impact of designating principal corporate officers of PRC financial institutions for narcotics-related money laundering.
  • The effectiveness of bilateral and multilateral efforts, including the Trilateral Fentanyl Committee and the Global Coalition to Address Synthetic Drug Threats, to counter the PRC's role in fentanyl trafficking.
  • Similar reporting requirements for India, Mexico, and other countries with significant roles in fentanyl production or trafficking.
  • A classified briefing on efforts to establish U.S. Drug Enforcement Administration (DEA) offices in Shanghai and Guangzhou, PRC, and to forge new partnerships with provincial authorities.
• **Prioritization of Sanctions against PRC Entities:** Amends the Fentanyl Sanctions Act to require the President to prioritize identifying persons from the PRC involved in the shipment of fentanyl, its analogues, precursors, and manufacturing equipment to Mexico or any other country involved in producing fentanyl trafficked into the United States. This prioritization continues until the President certifies that the PRC is no longer the primary source. The termination date for related reporting requirements is extended to December 31, 2030.
• **Expansion of Sanctions Authority:** Expands the existing sanctions under the Fentanyl Sanctions Act to include foreign persons who knowingly engage in significant activities or financial transactions that materially contribute to opioid trafficking. Sanctions can also apply to those who receive proceeds from, provide support for, or are owned/controlled by such persons.
• **Sanctions on Foreign Government Agencies:** Authorizes the President to impose sanctions on political subdivisions, agencies, or instrumentalities of foreign governments, including financial institutions owned or controlled by foreign governments, that knowingly engage in or support significant opioid trafficking activities. Senior officials of such entities who facilitate these activities may also face sanctions.
• **Annual Methamphetamine Smuggling Report:** Amends the Combat Methamphetamine Epidemic Act of 2005 to require the annual report to identify significant source countries for methamphetamine affecting the United States and detail the actions their governments are taking to combat precursor diversion and the production and trafficking of methamphetamine.

Overall, S. 860 aims to bolster the U.S. government's capabilities in identifying, reporting on, and sanctioning actors and entities involved in the global illicit drug trade, with a particular emphasis on disrupting the supply chains of fentanyl and its precursors originating from the People's Republic of China.