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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10451 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10451

    To establish requirements and impose civil penalties on certain 
     entities of the People's Republic of China that do not employ 
        appropriate safeguards to prevent fentanyl trafficking.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2024

 Mr. Dunn of Florida (for himself, Mr. Auchincloss, Mr. Newhouse, Mr. 
 Khanna, Mr. Johnson of South Dakota, Mrs. Steel, Mr. Krishnamoorthi, 
  Mr. Moolenaar, and Mr. Torres of New York) introduced the following 
  bill; which was referred to the Committee on Ways and Means, 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 establish requirements and impose civil penalties on certain 
     entities of the People's Republic of China that do not employ 
        appropriate safeguards to prevent fentanyl trafficking.

    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 ``International Protection from PRC 
Fentanyl and Other Synthetic Opioids Act''.

SEC. 2. REQUIREMENTS AND CIVIL PENALTIES FOR PRC VESSELS FACILITATING 
              THE FENTANYL TRADE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General, in coordination with the 
Administrator of the Drug Enforcement Administration and other 
executive agencies as appropriate, shall establish minimum acceptable 
standards for PRC entities involved in the production, sale, or 
shipment of fentanyl precursors, other chemicals, or materials used or 
intended for use in the production of synthetic opioids or other 
controlled substances.
    (b) Requirements.--The standards required by subsection (a) shall, 
at a minimum, require--
            (1) PRC ports and vessels to properly manifest fentanyl 
        precursors or other chemicals used or intended for use in the 
        production of synthetic opioids in customs forms;
            (2) PRC exporters of fentanyl precursors or other chemicals 
        used for the production of synthetic opioids utilizing any 
        medium of transport to follow formal entry requirements 
        regardless of the size or value of shipment; and
            (3) information gathered pursuant to paragraphs (1) and (2) 
        to be provided to the Attorney General, and other executive 
        agencies as appropriate, with respect to any shipment to the 
        United States or another jurisdiction which has not objected to 
        the sharing of such information with the Attorney General.
    (c) Civil Penalties for Non-Compliance.--Not later than 180 days 
after the date on which the standards required by subsection (a) have 
been established, the Attorney General shall impose a civil penalty of 
.025 percent of the total value of goods present on a vessel or 
$250,000, whichever is greater, on all vessels owned, operated, or 
leased by a PRC entity that--
            (1) owns, operates, or leases a vessel offloading cargo at 
        a United States port of entry; and
            (2) is determined by the Attorney General to not be in 
        compliance with the standards required under subsection (a), 
        following not less than 90 days notice to the PRC entity of the 
        proposed determination and a proposed course of action to 
        remedy such noncompliance.
    (d) Escalating Civil Penalties.--The Attorney General shall 
increase the civil penalty described in subsection (c) by 0.025 percent 
of the total value of goods present on the vessel, or $250,000, 
whichever is greater, for each 90-day period in which the entity 
remains in non-compliance with the standards required under subsection 
(a).
    (e) Increased Penalties for Falsification of Records.--
            (1) In general.--Any civil penalty imposed under this 
        section shall be doubled in cases where an entity falsifies 
        material records to demonstrate compliance with subsection (a).
            (2) Calculation.--Such increased penalties shall be in 
        addition to any other remedies available under United States 
        law.
    (f) Allocation of Penalties.--All penalties collected under this 
section shall be deposited into a special fund to be used exclusively 
by the Attorney General and the Administrator of the Drug Enforcement 
Administration to enforce laws related to drug trafficking, trade 
fraud, and forced labor affiliated with the PRC.
    (g) Report Required.--Not later than 180 days after the date on 
which the standards required by subsection (a) are published, the 
President shall report to Congress on not less than a bi-annual basis 
the status of implementation and enforcement of this Act. The report 
shall include--
            (1) the number of vessels penalized under this Act;
            (2) the penalties collected under this Act; and
            (3) the status of PRC entity compliance with the standards 
        required.
    (h) Delay of Imposition.--If the President determines it is in the 
national interest of the United States, the President may delay the 
imposition of the prohibitions under this Act for a period not to 
exceed 180 days following the date of implementation as required in 
subsection (a).
    (i) Waiver.--The Attorney General may waive civil penalties under 
this section for any entity that voluntarily discloses violations and 
cooperates with law enforcement or demonstrates good faith efforts to 
comply with the standards required under subsection (a).
    (j) Definitions.--In this section:
            (1) PRC entity.--The term ``PRC Entity'' means any foreign 
        person that is--
                    (A) domiciled in, headquartered in, has its 
                principal place of business in, or is organized under 
                the laws of the People's Republic of China;
                    (B) an entity with respect to which foreign person 
                or combination of foreign persons described in 
                subparagraph (A) directly or indirectly own at least 20 
                percent stake; or
                    (C) a person subject to the direction or control of 
                a foreign person or entity described in subparagraph 
                (A) or (B).
            (2) Fentanyl precursor or other chemicals.--The term 
        ``fentanyl precursor or other chemicals'' means fentanyl 
        precursors or other chemicals used or intended for use in the 
        production of synthetic opioids.

SEC. 3. AUTHORITY TO IMPOSE CIVIL PENALTIES.

    (a) Grant of Authority.--The Attorney General is authorized to 
impose and collect civil penalties as described in this Act for the 
purposes of enforcing compliance with the standards established under 
subsection (a) of section 2 and preventing the trafficking of fentanyl, 
fentanyl precursors, and other chemicals used or intended for use in 
the production of synthetic opioids.
    (b) Enforcement and Appeals.--
            (1) In general.--The Attorney General shall have the 
        authority to determine non-compliance and impose civil 
        penalties pursuant to this Act.
            (2) Judicial review.--Any entity subject to a civil penalty 
        under this section may seek judicial review of such penalty in 
        a United States district court within 60 days of receiving 
        written notice of the penalty.
    (c) Rulemaking.--The Attorney General may promulgate such rules and 
regulations as are necessary to implement this section, including 
procedures for imposing penalties and adjudicating appeals.
                                 <all>
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