Bills of Congress by U.S. Congress

S.860 - Break Up Suspicious Transactions of Fentanyl Act; BUST FENTANYL Act (119th Congress)

Summary

S.860, the Break Up Suspicious Transactions of Fentanyl Act (BUST FENTANYL Act), aims to combat the trafficking of synthetic opioids, particularly fentanyl, into the United States. The bill focuses on enhancing international cooperation, particularly with the People's Republic of China (PRC), and imposing sanctions on entities involved in the production and trafficking of these drugs.

Key provisions include modifying the International Narcotics Control Strategy Report to include more detailed information on methamphetamine exports, requiring reports on illicit drug seizures and production, and prioritizing the identification of PRC individuals and entities involved in fentanyl trafficking. The bill also expands sanctions under the Fentanyl Sanctions Act and allows for sanctions against agencies or instrumentalities of foreign states involved in opioid trafficking.

Ultimately, this bill seeks to disrupt the supply chain of fentanyl and other synthetic opioids by targeting precursor chemicals, production, and financial networks involved in their trafficking.

Expected Effects

The BUST FENTANYL Act is likely to increase pressure on countries, particularly the PRC, to combat the production and trafficking of fentanyl and its precursors. It will also lead to increased reporting and analysis of international drug trafficking trends.

Sanctions imposed under the act could disrupt the financial activities of individuals and entities involved in opioid trafficking. The establishment of DEA offices in the PRC, if achieved, could improve cooperation in combating drug trafficking.

Potential Benefits

  • Enhanced efforts to combat fentanyl trafficking, potentially reducing overdose deaths.
  • Increased scrutiny of PRC's role in the fentanyl supply chain.
  • Stronger international cooperation to address synthetic drug threats.
  • Improved data collection and reporting on drug trafficking trends.
  • Potential disruption of financial networks supporting opioid trafficking.

Potential Disadvantages

  • Potential for strained relations with the PRC due to sanctions and increased scrutiny.
  • Risk of unintended consequences from sanctions, such as shifting supply chains to other countries.
  • The effectiveness of the act depends on the cooperation of foreign governments.
  • Increased reporting requirements could strain resources.
  • Potential for delays in implementation due to diplomatic complexities.

Constitutional Alignment

The BUST FENTANYL Act appears to align with the US Constitution, particularly the implied powers related to foreign policy and national security. Congress has the power to regulate commerce with foreign nations (Article I, Section 8, Clause 3) and to enact laws necessary and proper for carrying out its enumerated powers (Article I, Section 8, Clause 18).

The imposition of sanctions and the regulation of international drug trafficking fall under these powers. The Act does not appear to infringe on any specific constitutional rights or liberties.

However, the implementation of the Act must adhere to due process requirements, especially when imposing sanctions on individuals or entities.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).