[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3203 Referred in Senate (RFS)]
<DOC>
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.
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. 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.
SEC. 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''.
SEC. 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.''.
SEC. 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.
Attest:
KEVIN F. MCCUMBER,
Clerk.