[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>