BUST FENTANYL Act
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Would revive through 2030 the annual presidential requirement to identify foreign opioid traffickers for sanctions, require prioritization of Chinese nationals and entities in the fentanyl supply chain, and expand sanctions authority to new categories of foreign persons and foreign government instrumentalities — including state-owned banks.
The bill targets the network linking Chinese chemical suppliers to fentanyl production in Mexico, adding legal tools to reach government-linked financial institutions and senior foreign officials who facilitate the trade, actors that did not fall within the prior sanctions framework.
What this bill would do
What it would do
The bill would revive through December 31, 2030, the annual requirement that the President identify foreign opioid traffickers and impose sanctions on them, including bans on loans, foreign exchange, and property transactions. It would require those reports to prioritize Chinese nationals and entities involved in shipping fentanyl, precursor chemicals, and manufacturing equipment to Mexico and other countries producing fentanyl for the U.S. market. The bill would also expand sanctions eligibility to foreign persons who engage in significant financial transactions materially supporting opioid trafficking, provide material or technological support, or knowingly receive proceeds from such activities.
The bill would separately authorize the President to sanction foreign government agencies, subdivisions, and state-owned financial institutions that knowingly contribute to opioid trafficking — authority not previously available for government entities — and to impose property-blocking sanctions on senior officials of such entities. It would also require the Secretary of State and Attorney General to jointly submit a report and provide a classified briefing within 180 days on U.S. efforts to address fentanyl trafficking from China, including assessments of the Trilateral Fentanyl Committee and multilateral cooperation efforts.
Key provisions
- 1Would amend the International Narcotics Control Strategy Report to update the methamphetamine precursor chemical reporting language and change the submission deadline from March 1 to June 1.
- 2Would require the Secretary of State and Attorney General to jointly submit, within 180 days, a report on U.S. efforts to address fentanyl trafficking from China, including assessments of PRC financial system involvement and multilateral cooperation.
- 3Would revive through December 31, 2030, the annual presidential report identifying foreign opioid traffickers, with a mandatory prioritization of Chinese nationals and entities in the fentanyl supply chain.
- 4Would expand Fentanyl Sanctions Act eligibility to foreign persons engaging in significant financial transactions supporting opioid trafficking, providing material or technological support, or knowingly receiving proceeds from such activities.
- 5Would authorize the President to impose sanctions on foreign government agencies, subdivisions, and state-owned financial institutions that knowingly contribute to opioid trafficking, and property-blocking sanctions on their senior officials.
- 6Would expand the annual methamphetamine smuggling report to identify significant source countries and describe their specific actions to combat precursor chemical diversion and methamphetamine trafficking.
Who would be affected
Chinese nationals, pharmaceutical companies, and entities subject to PRC government jurisdiction involved in the fentanyl supply chain; foreign government agencies, political subdivisions, and state-owned financial institutions that facilitate opioid trafficking; and senior officials of such entities. The Secretary of State, the Attorney General, and the Drug Enforcement Administration would take on new reporting and briefing responsibilities, and the President would exercise expanded sanctions designation authority.
Why it matters
If enacted, the President would gain authority to sanction a broader range of fentanyl supply-chain actors, including foreign state-owned banks and government officials not reachable under the prior framework. Chinese entities in the supply chain would face a legally mandated prioritization in annual sanctions reports — a requirement that continues until the President certifies to Congress that China is no longer the primary source of fentanyl and precursor chemicals destined for the U.S. market.
What would change
Changes to existing law
Amends Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) (Sec. 2)
Changes the INCSR submission deadline from March 1 to June 1 and updates the methamphetamine precursor chemical reporting language.
Amends Fentanyl Sanctions Act, 21 U.S.C. 2311 (Sec. 7211) (Sec. 4)
Revives the annual foreign opioid trafficker identification report through December 31, 2030, and adds a requirement to prioritize Chinese nationals and entities.
Amends Fentanyl Sanctions Act, 21 U.S.C. 2312 (Sec. 7212) (Sec. 5)
Adds new categories of sanctionable foreign persons: those engaging in significant financial transactions supporting opioid trafficking or providing material or technological support.
Amends Combat Methamphetamine Epidemic Act of 2005 (22 U.S.C. 2291 note) (Sec. 7)
Expands the annual methamphetamine report to identify significant source countries and describe their actions to combat precursor diversion and trafficking.
Agencies directed to act
Effective dates
- Joint report on fentanyl trafficking from China and classified DEA briefing due
- Annual foreign opioid trafficker identification reporting requirement expires
- New sanctions categories for foreign persons apply on or after enactment
- Sanctions authority over foreign government instrumentalities applies on or after enactment
Funding and costs
Congressional Budget Office estimate
CBO estimates that enacting the BUST FENTANYL Act (S. 860) would have insignificant effects on revenues and direct spending, and would, on net, reduce the deficit by insignificant amounts over the 2025–2035 period.
CBO estimates that S. 860 — which expands the scope of sanctions under the Fentanyl Sanctions Act to cover foreign persons and entities that support opioid trafficking — would produce only negligible changes to direct spending (mandatory outlays) and revenues over the 2025–2035 period, with each annual figure falling between -$500,000 and $500,000. The minor effects stem from a small expected reduction in visa fee revenues and a small decrease in federal benefit spending (such as emergency Medicaid) for foreign nationals who would be denied entry under broadened sanctions. Discretionary implementation costs — mainly for reports required by the bill — are estimated at less than $500,000 over the 2025–2030 period, subject to appropriations. The bill contains a private-sector mandate (requiring U.S. entities such as banks to monitor and block transactions with newly sanctioned parties), but CBO estimates its cost would fall well below UMRA's annual threshold of $206 million; there are no intergovernmental mandates.
How implementation would work
The President would annually submit a report to Congress identifying foreign opioid traffickers, selecting from a menu of sanctions to impose on listed persons; Chinese nationals and entities must be prioritized in that report until the President certifies otherwise to congressional committees. Within 180 days of enactment, the Secretary of State and Attorney General must jointly submit an unclassified report with classified annex to four specified congressional committees and separately provide a classified briefing on DEA offices in China. Sanctions against foreign government instrumentalities and their senior officials would be imposed at presidential discretion with no additional congressional trigger required.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 54.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill revives a requirement for the President to identify foreign opioid traffickers and extends opioid trafficking sanctions to new categories of foreign persons (individuals and entities) whose actions support such trafficking.
Specifically, the bill revives through 2030 a requirement that the President annually submit a report to Congress identifying foreign opioid traffickers. (For those listed in the report, the President must select certain sanctions to impose on them, such as bans on loans, foreign exchange transactions, and property transactions.) The bill also specifies that such reports must prioritize the identification of Chinese nationals and entities involved in the shipment of fentanyl, fentanyl-related chemicals, and fentanyl manufacturing equipment to Mexico or any other country involved in the production of fentanyl trafficked to the United States.
The bill extends such foreign opioid trafficker sanctions to additional categories of foreign persons, including those that have knowingly (1) engaged in significant activities or financial transactions that materially contributed to opioid trafficking; or (2) provided financial, material, or technological support for such activities or transactions.
The bill also authorizes the President to impose these sanctions on foreign government entities, including government owned or controlled financial institutions, that are involved in activities that contribute to opioid trafficking. Additionally, the President may impose property-blocking sanctions on senior officials of these foreign government entities who knowingly facilitate such activities.
Legislative subjects
Asia; China; Congressional oversight; Department of Justice; Drug trafficking and controlled substances; Executive agency funding and structure; Foreign and international banking; Foreign property; Fraud offenses and financial crimes; International Affairs; International organizations and cooperation; Latin America; Mexico; Presidents and presidential powers, Vice Presidents; Sanctions; Smuggling and trafficking