Stop Chinese Fentanyl Act of 2023

Bill: 118-hr-3203
Sponsor: full_name: Rep. Barr, Andy [R-KY-6]
Introduced: 2023-05-11
Policy area: International Affairs
Subjects: Asia

China

Civil actions and liability

Congressional oversight

Drug trafficking and controlled substances

Presidents and presidential powers, Vice Presidents

Sanctions

Smuggling and trafficking
Latest action: action_date: 2023-07-26
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2023-05-11
action_desc: Introduced in House
text: <p><b>Stop Chinese Fentanyl Act of 2023</b><br /><br />This bill makes changes to various laws pertaining to sanctions, including by revising the definition of what constitutes a foreign opioid trafficker. <br /><br />Specifically, for the purposes of the Fentanyl Sanctions Act, the bill changes the definition of <em>foreign opioid trafficker</em> to specify that the term includes certain Chinese entities and government officials that fail to take steps to prevent opioid trafficking, potentially subjecting them to sanctions. <br /><br />The bill imposes additional requirements before the President can publish regulations under the International Emergency Economic Powers Act, which authorizes the President to regulate a variety of economic transactions following a declaration of national emergency. For example, the President must consider the costs and benefits of available statutory and regulatory alternatives prior to publishing such regulations. <br /><br />The bill also provides 10-year statutes of limitation for violations of two federal laws that authorize sanctions (the International Emergency Economic Powers Act and the Trading with the Enemy Act).</p>

tv_txt: IIB 118th CONGRESS 1st Session H. R. 3203 IN THE SENATE OF THE UNITED STATES July 26, 2023 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT 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.

1. Short title This Act may be cited as the Stop Chinese Fentanyl Act of 2023 . 2. Sense of Congress It is the sense of Congress that the Government of the People’s Republic of China should— (1) work with the United States Government to identify a list of unregulated chemicals used to create precursor chemicals that bear increased scrutiny; (2) require the proper labeling of chemical and equipment shipments in accordance with international rules; (3) immediately implement know-your-customer procedures for chemical shipments; and (4) direct all relevant departments and agencies, including 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 to establish new rules to crack down on precursor trafficking and enforce such rules swiftly. 3. 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); and (II) aids and abets, including through intentional inaction, opioid trafficking. . (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 . 4. 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, the Committee on Financial Services, and the Committee on Oversight and Accountability of the House of Representatives; and (ii) the Committee on Homeland Security and Governmental Affairs, 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 has declared, within the preceding 5-year period, with respect to any national emergency regarding international drug trafficking; 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) pursuant to a covered national emergency (as defined in section 203), 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. . 5. Exception relating to importation of goods (a) In general A requirement to block and prohibit all transactions in all property and interests in property pursuant to this Act or any amendment made by this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

Passed the House of Representatives July 25, 2023. Kevin F. McCumber, Clerk.

tv_txt: I 118th CONGRESS 1st Session H. R. 3203 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Stop Chinese Fentanyl Act of 2023 . 2. Sense of Congress It is the sense of Congress that the Government of the People’s Republic of China should— (1) work with the United States Government to identify a list of unregulated chemicals used to create precursor chemicals that bear increased scrutiny; (2) require the proper labeling of chemical and equipment shipments in accordance with international rules; (3) immediately implement know-your-customer procedures for chemical shipments; and (4) direct all relevant departments and agencies, including 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 to establish new rules to crack down on precursor trafficking and enforce such rules swiftly. 3. 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); and (II) aids and abets, including through intentional inaction, opioid trafficking. . (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 . 4. 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, the Committee on Financial Services, and the Committee on Oversight and Accountability of the House of Representatives; and (ii) the Committee on Homeland Security and Governmental Affairs, 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 has declared, within the preceding 5-year period, with respect to any national emergency regarding international drug trafficking; 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) pursuant to a covered national emergency (as defined in section 203), 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. . 5. Exception relating to importation of goods (a) In general A requirement to block and prohibit all transactions in all property and interests in property pursuant to this Act or any amendment made by this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

Passed the House of Representatives July 25, 2023. Cheryl L. Johnson, Clerk.

tv_txt: I 118th CONGRESS 1st Session H. R. 3203 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.

1. Short title This Act may be cited as the Stop Chinese Fentanyl Act of 2023 . 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 . 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. .