Stop CCP Fentanyl Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1171 Introduced in House (IH)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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