[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5448 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5448
To require the imposition of sanctions with respect to Chinese
officials determined to be involved in the Mexican fentanyl trade, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 2023
Mr. Ogles (for himself, Mr. Cloud, Mrs. Miller of Illinois, Mr.
Tiffany, Mr. Donalds, Mr. Norman, Mr. Mooney, and Mr. Weber of Texas)
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 require the imposition of sanctions with respect to Chinese
officials determined to be involved in the Mexican fentanyl trade, 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 ``Countering CCP Fentanyl Trafficking
Act''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE OFFICIALS
INVOLVED IN THE MEXICAN FENTANYL TRADE.
(a) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to each foreign
person included in the most recent list submitted pursuant to
subsection (b).
(b) List of Persons.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the President shall submit to the
appropriate congressional committees a list of officials of the
Government of the People's Republic of China who the President
determines as having assisted in or approved with knowledge of
the recipient, the transportation of pill presses, fentanyl
products, or fentanyl precursors to 1 or more Mexican drug
cartels.
(2) Updates of lists.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of
enactment of this Act and annually thereafter for 10
years; or
(B) as new information becomes available.
(3) Form.--The list required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act shall not
apply) 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) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission, or
parole.--A foreign person included in the most recent
list submitted pursuant to subsection (b) 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.--A foreign person
described in subparagraph (A) is also subject to the
following:
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall
take effect immediately and automatically
cancel any other valid visa or entry
documentation that is in the foreign person's
possession.
(3) Exception.--Sanctions under paragraph (2) shall not
apply 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 of the United States.
(d) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person who violates, attempts to
violate, conspires to violate, or causes a violation of regulations
promulgated to carry out subsection (a) to the same extent that such
penalties apply to a person who commits an unlawful act described in
section 206(a) of that Act.
(e) Exception To Comply With National Security.--The following
activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
(f) Waiver.--The President may, on a case-by-case basis, waive the
imposition of any sanction under this section if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) not later than 120 days after the date on which the
President imposes the sanctions described in subsection (a),
and every 120 days thereafter until the date of termination
under subsection (g), the President shall submit to the
appropriate congressional committees a report on the extent to
which the President has used the waiver authority under
paragraph (1) during the period covered by that report.
(g) Sunset.--The authority to impose sanctions under this section
shall terminate on the date that is 10 years after the date of
enactment of this Act.
(h) Appropriate Congressional Committees Defined.--In this Act, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
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