Stop CCP Fentanyl Act
This bill imposes sanctions on various Chinese government officials and entities. It also establishes a cause of action against China’s government or Chinese government officials for certain harms stemming a fentanyl-related overdose.
Specifically, the bill requires the President to impose visa- and property-blocking sanctions on (1) the president of China, (2) the chairman of the Chinese Communist Party (CCP), (3) China’s State Council, and (4) China’s Politburo Standing Committee.
The President may waive the sanctions upon certifying that (1) China’s government and the CCP have taken all reasonable measures to prevent the flow of fentanyl produced in China into the United States, and (2) the intelligence community has determined that amount of fentanyl from China and the deaths resulting from overdoses of such fentanyl has dropped 98%.
This bill also authorizes a U.S. national or lawful permanent resident to sue certain Chinese government officials or the Chinese government for the death of an immediate family member caused by an overdose by fentanyl (or fentanyl analogue) manufactured using fentanyl precursors from China. Property blocked pursuant to sanctions under this bill may be used to satisfy a judgment from such a lawsuit.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1171 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1171
To provide for the imposition of sanctions on the Government of the
People's Republic of China, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2023
Mr. Banks (for himself, Mrs. Luna, Mrs. Kiggans of Virginia, and Mr.
Dunn of Florida) introduced the following bill; which was referred to
the Committee on Foreign Affairs, and in addition to the Committee on
the Judiciary, 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 provide for the imposition of sanctions on the Government of the
People's Republic of China, and for other purposes.
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 ``Stop CCP Fentanyl Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Drug Enforcement Administration, the
People's Republic of China remains the number one source of
fentanyl precursor chemicals, which are then processed and
manufactured into synthetic opioids by Mexican drug cartels to
bring into the United States.
(2) Of the more than 100,000 drug overdose-related deaths
in the United States in 2021, roughly 64,000 were from illicit
fentanyl which is more than double the number of such deaths
since 2019.
(3) Almost 100 percent of fentanyl derives from precursor
drugs from China.
(4) The amount of fentanyl seized by U.S. Customs and
Border Protection skyrocketed from 2020 to 2022. In the fiscal
year 2022, U.S. Customs and Border Protection seized a record
14,700 pounds of fentanyl, compared with 11,200 pounds in 2021
and 4,800 pounds in 2020.
SEC. 3. IMPOSITION OF SANCTIONS ON THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--On and after the date that is 120 days after the
date of the enactment of this Act, the President shall impose the
sanctions described in section 3 with respect to--
(1) the President of the People's Republic of China;
(2) the Chairman of the Chinese Communist Party;
(3) the State Council of the People's Republic of China;
and
(4) the Politburo Standing Committee of the People's
Republic of China.
(b) Waiver.--The President may waive the application of sanctions
under subsection (a) if the President submits to the appropriate
congressional committees a written determination that--
(1) the People's Republic of China and Chinese Communist
Party have taken all reasonable measures to prevent the flow of
fentanyl produced within the People's Republic of China into
the United States, including through implementing and enforcing
laws controlling and restricting the export of fentanyl
precursors such as--
(A) N-Phenethyl-4-piperidone (NPP) 4-Anilino-N
phenethylpiperidine (ANPP) N-Phenyl-4-piperidinamine
(4-AP) tert-Butyl 4-(phenylamino); and
(B) piperidine-1-carboxylate (boc-4-AP)
norfentanyl; and
(2) the intelligence community (as such term is defined in
the National Security Act of 1947), in consultation with the
Department of Homeland Security and the Department of Justice,
has determined that the supply of fentanyl of Chinese origin in
the United States and the number of deaths of United States
persons due to overdoses of such fentanyl have each been
reduced by at least 98 percent during the most-recent 18-month
period as compared to the immediately preceding 18-month
period.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (a) or any
regulation, license, or order issued to carry out subsection (a) shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
SEC. 4. SANCTIONS DESCRIBED.
(a) In General.--The sanctions described in this section are the
following:
(1) Blocking of property.--The President shall 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 the person if such
property and 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) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien who the
Secretary of State or the Secretary of Homeland
Security (or a designee of one of such Secretaries)
knows, or has reason to believe, has knowingly engaged
in any activity described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to an alien described in
subparagraph (A) regardless of when the visa or
other entry documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i) shall take effect immediately
and shall automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
(b) Exceptions.--
(1) United nations headquarters agreement.--The sanctions
described under subsection (a)(2) shall not apply with respect
to an alien if admitting or paroling the alien into the United
States is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(2) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under subsection (a)
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(3) Exception relating to importation of goods.--
(A) In general.--Notwithstanding any other
provision of this section, the authorities and
requirements to impose sanctions under this section
shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
SEC. 5. RIGHT OF ACTION TO SEIZE PRIVATE ASSETS.
(a) In General.--Notwithstanding chapter 97 of title 28, United
States Code (commonly referred to as the ``Foreign Sovereign Immunities
Act''), a national of the United States or an alien lawfully admitted
for permanent residence in the United States who is an immediate family
member of a covered individual may bring an action in an appropriate
district court of the United States against a covered Chinese official
or against China for harm suffered as a result of the covered
individual's death seeking money damages. Any property that is blocked
pursuant to section 4(a)(1) may be used to satisfy a judgment under
this subsection.
(b) Definitions.--In this section:
(1) The term ``covered individual'' means an individual who
dies from an overdose (whether accidental or intentional) of
fentanyl, or any analogue of fentanyl, that was manufactured
from fentanyl precursors that originated in China and were
imported into the United States.
(2) The term ``covered Chinese official'' means--
(A) the President of the People's Republic of
China;
(B) the Chairman of the Chinese Communist Party;
and
(C) the Politburo Standing Committee of the
People's Republic of China, or any member thereof.
(3) The term ``immediate family member'' means a spouse,
parent, stepparent, foster parent, child, stepchild, foster
child, grandparent, grandchild, brother, or sister.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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 Committee on the Judiciary, 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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