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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10447 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10447
To authorize sanctions relating to the production and distribution of
illicit synthetic narcotics by the People's Republic of China.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 17, 2024
Mr. Auchincloss (for himself, Mr. Newhouse, Mr. Krishnamoorthi, Mr.
Moolenaar, Mr. Torres of New York, Mr. Khanna, Mr. Johnson of South
Dakota, Mr. Dunn of Florida, and Mrs. Steel) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committees on Financial Services, the Judiciary, and
Oversight and Accountability, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize sanctions relating to the production and distribution of
illicit synthetic narcotics by the People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CCP Fentanyl Sanctions Act''.
SEC. 2. CODIFICATION OF EXECUTIVE ORDER 14059.
United States sanctions provided for in Executive Order 14059 (86
Fed. Reg. 71549; Imposing Sanctions on Foreign Persons Involved in the
Global Illicit Drug Trade), as in effect on the day before the date of
the enactment of this Act, shall remain in effect and continue to
apply.
SEC. 3. AUTHORIZATION OF SANCTIONS.
(a) In General.--On and after the date that is 180 days after the
date of the enactment of this Act, the President is authorized to
impose the sanction described in subsection (b) with respect to a
foreign person if the President determines that the person--
(1) has engaged in, or attempted to engage in, activities
or transactions in the People's Republic of China, including in
Hong Kong and Macau, or with respect to persons domiciled in,
organized under the laws of, or with their principal place of
business in such jurisdictions, that have contributed to, or
pose a significant risk of contributing to, the international
proliferation of illicit synthetic narcotics or their means of
production;
(2) has knowingly or with reckless disregard has received
any property or interest in property that--
(A) constitutes or is derived from proceeds of
activities or transactions in the People's Republic of
China, including in Hong Kong and Macau, or with
respect to persons domiciled in, organized under the
laws of, or with their principal place of business in
such jurisdictions, that have materially contributed
to, or pose a significant risk of materially
contributing to, the international proliferation of
illicit synthetic narcotics or their means of
production; or
(B) was used or may have been intended to be used
to commit or to facilitate activities or transactions
in the People's Republic of China, including in Hong
Kong and Macau, or with respect to persons domiciled
in, organized under the laws of, or with their
principal place of business in such jurisdictions, that
have materially contributed to, or pose a significant
risk of materially contributing to, the international
proliferation of illicit synthetic narcotics or their
means of production;
(3) is a PRC owned or operated port or ship that, knowingly
or with reckless disregard, facilitates the shipment and
transportation of illicit synthetic narcotics or their
precursors (including in such circumstances where those
precursors are improperly labeled during the customs process);
(4) is a PRC entity that produces illicit synthetic
narcotics or their precursors and, knowingly or with reckless
disregard, sells those precursors to persons involved in the
proliferation of illicit synthetic narcotics;
(5) is a PRC online marketplace that, knowingly or with
reckless disregard, facilitates the sale of, exchange of,
shipment of, transshipment of, conveyance of, or payment for
illicit synthetic narcotics;
(6) is a covered PRC government entity;
(7) is a PRC entity that knowingly or with reckless
disregard, provides material support related to illicit
synthetic narcotics to a covered PRC government entity;
(8) has established an entity that engages in, has engaged
in, or is designed to engage in evading sanctions that would
otherwise be imposed pursuant to this Act; or
(9) is acting directly or indirectly for or on behalf of a
person referred to in paragraphs (1) through (8).
(b) Sanction Described.--
(1) In general.--The sanction described in this subsection
is the exercise all of the powers granted to the President
under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in property
of a foreign person if such property or interests in property
are in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(2) Implementation.--The President may exercise the
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to the extent necessary to carry out this
section.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to any person
who violates, attempts to violate, conspires to violate, or
causes a violation of any prohibition of this section, or an
order or regulation prescribed under this section, to the same
extent that such penalties apply to a person that commits an
unlawful act described in subsection section 206(a) of such Act
(50 U.S.C. 1705(a)).
(4) Exceptions.--
(A) Exception for intelligence and law enforcement
actions.--Sanctions under this section shall not apply
with respect to--
(i) any activity subject to the reporting
requirements under title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.);
or
(ii) any authorized intelligence or law
enforcement activities of the United States.
(B) Exception relating to importation of goods.--
(i) In general.--The authorities and
requirements to impose sanctions authorized
under this section shall not include the
authority or requirement to impose sanctions on
the importation of goods.
(ii) Good defined.--In this subparagraph,
the term ``good'' means any article, natural or
manmade substance, material, supply or
manufactured product, including inspection and
test equipment, and excluding technical data.
(c) Waiver.--The President may waive the application of sanctions
under this section with respect to a foreign person for renewable
periods of not more than 180 days each if the President determines and
reports to Congress that such a waiver is in national interests of the
United States.
(d) Rule of Construction.--Nothing in this section may be construed
to limit the authority of the President to designate or sanction
persons pursuant to an applicable Executive order or a Federal statute,
including the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).
(e) Consideration of Certain Information in Imposing Sanctions.--In
determining whether to impose sanctions under subsection (a), the
President shall consider--
(1) information provided jointly by the chairperson and
ranking member of each of the appropriate congressional
committees; and
(2) credible information obtained by other countries and
nongovernmental organizations that monitor violations of human
rights.
(f) Requests by Appropriate Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
request that meets the requirements of paragraph (2) with
respect to whether a foreign person has engaged in an activity
described in subsection (a), the President shall--
(A) determine if that person has engaged in such an
activity; and
(B) submit a classified or unclassified report to
the chairperson and ranking member of the committee or
committees that submitted the request with respect to
that determination that includes--
(i) a statement of whether or not the
President imposed or intends to impose
sanctions with respect to the person; and
(ii) if the President imposed or intends to
impose sanctions, a description of those
sanctions.
(2) Requirements.--A request under paragraph (1) with
respect to whether a foreign person has engaged in an activity
described in subsection (a) shall be submitted to the President
in writing jointly by the chairperson and ranking member of one
of the appropriate congressional committees.
SEC. 4. FINANCIAL SANCTIONS.
The Secretary of the Treasury may, in consultation with the
Secretary of State, prohibit the opening of, or impose strict
conditions on the maintenance of, correspondent accounts or payable-
through accounts in the United States by a foreign financial
institution that the President determines has, on or after the date of
the enactment of this Act, knowingly conducted or facilitated a
significant transaction or transactions on behalf of a foreign person
described in section 3(a).
SEC. 5. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Banking, Housing, and Urban
Affairs; and
(B) the Committee on Foreign Affairs and the Select
Committee on Strategic Competition between the United
States and the Chinese Communist Party of the House of
Representatives;
(2) the term ``covered PRC government entity'' includes--
(A) the PRC government, a PRC government official,
or any entity or instrumentality thereof, that is
identified by the United States Government as knowingly
or recklessly facilitating the flow of illicit
synthetic narcotics into the United States or otherwise
providing material support to a foreign person
described in section 3(a);
(B) any subsidiary, affiliate, or successor of an
entity described in subparagraph (A); and
(C) any person owned or controlled by, or that
provides material support to or for, or receives
materially support from an entity described in
subparagraph (A);
(3) the term ``foreign person'' means a person that is not
a United States person;
(4) the term ``illicit synthetic narcotics'' means--
(A) controlled substances, as such term is defined
in section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6)), with the exception of--
(i) substances of natural origins; and
(ii) medications that are lawful under the
laws of the United States and the Drug
Enforcement Administration has provided an
import permit to the importing organization for
the import of such medication;
(B) listed chemicals, as such term is defined in
section 102(33) of the Controlled Substances Act (21
U.S.C. 802(33)); and
(C) active pharmaceutical ingredients or chemicals
that are used in the production of controlled
substances described in subparagraphs (A) and (B);
(5) the term ``knowingly'', with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the
circumstance, or the result;
(6) the term ``PRC'' means the People's Republic of China;
and
(7) the term ``United States person'' means any United
States citizen, permanent resident alien, an entity organized
under the laws of the United States or any jurisdiction within
the United States (including a foreign branch of such an
entity), or any person in the United States.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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