Stop Chinese Fentanyl Act of 2023

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3203 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3203

  To impose sanctions with respect to Chinese producers of synthetic 
 opioids and opioid precursors, to hold Chinese officials accountable 
      for the spread of illicit fentanyl, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

 Mr. Barr (for himself, Mr. Pappas, Mr. Luetkemeyer, Mr. Nunn of Iowa, 
Mr. Murphy, and Mr. McGarvey) introduced the following bill; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
Committees on Financial Services, Oversight and Accountability, and 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 impose sanctions with respect to Chinese producers of synthetic 
 opioids and opioid precursors, to hold Chinese officials accountable 
      for the spread of illicit fentanyl, 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 Chinese Fentanyl Act of 2023''.

SEC. 2. AMENDMENTS TO THE FENTANYL SANCTIONS ACT.

    (a) Definitions.--Section 7203(5) of the Fentanyl Sanctions Act (21 
U.S.C. 2302(5)) is amended--
            (1) by striking ``The term `foreign opioid trafficker' 
        means any foreign person'' and inserting the following: ``The 
        term `foreign opioid trafficker'--
                    ``(A) means any foreign person'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                    ``(B) includes--
                            ``(i) any entity of the People's Republic 
                        of China that the President determines--
                                    ``(I) produces, manufactures, 
                                distributes, sells, or knowingly 
                                finances or transports any goods 
                                described in clause (i) or (ii) of 
                                paragraph (8)(A); and
                                    ``(II) fails to take credible 
                                steps, including through implementation 
                                of appropriate know-your-customer 
                                procedures or through cooperation with 
                                United States counternarcotics efforts, 
                                to detect or prevent opioid 
                                trafficking; and
                            ``(ii) any senior official of the 
                        Government of the People's Republic of China or 
                        other Chinese political official that--
                                    ``(I) has significant regulatory or 
                                law enforcement responsibilities with 
                                respect to the activities of an entity 
                                described in clause (i); or
                                    ``(II) otherwise fails to take 
                                credible steps to combat foreign opioid 
                                traffickers.''.
    (b) Identification of Foreign Opioid Traffickers.--Section 7211 of 
the Fentanyl Sanctions Act (21 U.S.C. 2311) is amended--
            (1) in subsection (a)(1)(A), by adding at the end before 
        the semicolon the following: ``, including whether the heads of 
        the National Narcotics Control Commission, the Ministry of 
        Public Security, the General Administration of Customs, and the 
        National Medical Products Administration of the Government of 
        the People's Republic of China are foreign opioid 
        traffickers''; and
            (2) in subsection (c), by striking ``5 years'' and 
        inserting ``10 years''.

SEC. 3. AMENDMENTS TO THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT 
              AND THE TRADING WITH THE ENEMY ACT.

    (a) International Emergency Economic Powers Act.--
            (1) Periodic evaluation.--Section 203 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1702) is amended by 
        adding at the end the following:
    ``(d) Periodic Evaluation.--
            ``(1) In general.--If the authority granted to the 
        President under this section is exercised with respect to a 
        covered national emergency, the President shall transmit to the 
        appropriate congressional committees, not less frequently than 
        annually, a periodic evaluation in writing that--
                    ``(A) assesses the effectiveness of the exercise of 
                such authority in resolving the covered national 
                emergency;
                    ``(B) considers the views of public- and private-
                sector stakeholders; and
                    ``(C) discusses any potential changes to the 
                exercise of the authority for the purpose of more 
                effectively resolving the covered national emergency.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `appropriate congressional 
                committees' means--
                            ``(i) the Committee on Foreign Affairs and 
                        the Committee on Financial Services of the 
                        House of Representatives; and
                            ``(ii) the Committee on Foreign Relations 
                        and the Committee on Banking, Housing, and 
                        Urban Affairs of the Senate; and
                    ``(B) the term `covered national emergency' means a 
                national emergency that--
                            ``(i) the President declared two or more 
                        years prior to the exercise of any authority 
                        granted to the President under this section 
                        with respect to such national emergency; and
                            ``(ii) has not terminated.''.
            (2) Consultation and reports.--Section 204 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1703) is 
        amended--
                    (A) by striking ``the Congress'' each place it 
                appears and inserting ``the appropriate congressional 
                committees''; and
                    (B) by adding at the end the following:
    ``(e) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' has the 
meaning given that term in section 203(d)(2).''.
            (3) Authority to issue regulations.--Section 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1704) is 
        amended--
                    (A) by striking ``The President'' and inserting 
                ``(a) The President''; and
                    (B) by adding at the end the following:
    ``(b) In issuing regulations under subsection (a), the President 
shall--
            ``(1) consider the costs and benefits of available 
        statutory and regulatory alternatives;
            ``(2) evaluate the costs and benefits for the purpose of 
        expeditiously resolving the applicable national emergency;
            ``(3) establish criteria for the eventual termination of 
        the applicable national emergency; and
            ``(4) include in the basis and purpose incorporated in the 
        regulations--
                    ``(A) an explanation of how the regulations will 
                resolve the applicable national emergency; and
                    ``(B) a discussion of the costs and benefits.''.
            (4) Statute of limitations.--Section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) is 
        amended by adding at the end the following:
    ``(d) Statute of Limitations.--
            ``(1) Civil penalty.--An action, suit, or proceeding for 
        the enforcement of any civil fine, penalty, or forfeiture, 
        pecuniary or otherwise, shall not be entertained unless 
        commenced within 10 years from the latest date of the violation 
        upon which the civil fine, penalty, or forfeiture is based.
            ``(2) Criminal penalty.--No person shall be prosecuted, 
        tried, or punished for any offense under this section unless 
        the indictment is found or the information is instituted within 
        10 years from the latest date of the violation upon which the 
        indictment or information is based.''.
    (b) Trading With the Enemy Act.--Section 16 of the Trading with the 
Enemy Act (50 U.S.C. 4315) is amended by adding at the end the 
following:
    ``(d) Statute of Limitations.--
            ``(1) Criminal penalty.--No person shall be prosecuted, 
        tried, or punished for any offense under this section unless 
        the indictment is found or the information is instituted within 
        10 years from the latest date of the violation upon which the 
        indictment or information is based.
            ``(2) Civil penalty.--An action, suit, or proceeding for 
        the enforcement of any civil fine, penalty, or forfeiture, 
        pecuniary or otherwise, shall not be entertained unless 
        commenced within 10 years from the latest date of the violation 
        upon which the civil fine, penalty, or forfeiture is based.''.
                                 &lt;all&gt;
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