[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1689 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1689
To prioritize efforts of the Department of State to combat
international trafficking in precursor chemicals and covered synthetic
drugs with the Government of Mexico, to provide for the imposition of
sanctions with respect to persons of the People's Republic of China
contributing to international proliferation of illicit drugs or their
means of production, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Murphy (for himself and Mr. Hagerty) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To prioritize efforts of the Department of State to combat
international trafficking in precursor chemicals and covered synthetic
drugs with the Government of Mexico, to provide for the imposition of
sanctions with respect to persons of the People's Republic of China
contributing to international proliferation of illicit drugs or their
means of production, 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 ``Combatting Fentanyl Trafficking from
China and Mexico Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Controlled substance; controlled substance analogue.--
The terms ``controlled substance'' and ``controlled substance
analogue'' have the meanings given those terms in section 102
of the Controlled Substances Act (21 U.S.C. 802).
(2) Covered synthetic drug.--The term ``covered synthetic
drug'' means--
(A) a synthetic controlled substance or synthetic
controlled substance analogue, including fentanyl or a
fentanyl analogue; or
(B) a new psychoactive substance.
(3) Major drug-transit country; major illicit drug
producing country.--The terms ``major drug-transit country''
and ``major illicit drug producing country'' have the meanings
given those terms in section 481(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291(e)).
(4) New psychoactive substance.--The term ``new
psychoactive substance'' means a substance of abuse, or any
preparation thereof, that--
(A) is not--
(i) included in any schedule as a
controlled substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.); or
(ii) controlled by the Single Convention on
Narcotic Drugs, done at New York March 30,
1961, or the Convention on Psychotropic
Substances, done at Vienna February 21, 1971;
(B) is new or has reemerged on the illicit market;
and
(C) poses a threat to the public health and safety.
(5) Precursor chemical.--The term ``precursor chemical''
has the meaning given the term ``listed chemical'' in section
102 of the Controlled Substances Act (21 U.S.C. 802).
SEC. 3. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO COMBAT
INTERNATIONAL TRAFFICKING IN PRECURSOR CHEMICALS AND
COVERED SYNTHETIC DRUGS WITH THE GOVERNMENT OF MEXICO.
(a) In General.--The Secretary of State shall prioritize efforts of
the Department of State to combat international trafficking of
precursor chemicals and covered synthetic drugs by carrying out
programs and activities that include the following:
(1) Strengthening law enforcement capabilities, rule of
law, and other security-related efforts to strengthen
counterdrug institutions and initiatives outlined in the United
States-Mexico Bicentennial Framework for Security, Public
Health, and Safe Communities and the North American Drug
Dialogue.
(2) Strengthening joint bilateral efforts between the
United States and Mexico to, among other issues--
(A) combat covered synthetic drugs and the illicit
production of other drugs;
(B) better understand and reduce demand for drugs
in the United States and Mexico;
(C) increase interdiction of precursor chemicals
and covered synthetic drugs;
(D) pursue prosecutions of transnational criminal
organizations and illicit financing of those
organizations; and
(E) reduce the number of illicit firearms crossing
the border between the United States and Mexico.
(3) Providing technical assistance and equipment, as
appropriate, to strengthen the capacity of enforcement agencies
of the Government of Mexico with respect to precursor chemicals
and covered synthetic drugs.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
implementation of this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS OF THE PEOPLE'S
REPUBLIC OF CHINA CONTRIBUTING TO INTERNATIONAL
PROLIFERATION OF ILLICIT DRUGS OR THEIR MEANS OF
PRODUCTION.
(a) In General.--The President may impose any of the sanctions
described in subsection (c) with respect to a foreign person described
in subsection (b) that is determined by the President--
(1) to have engaged in, or attempted to engage in,
activities or transactions that have materially contributed to,
or pose a significant risk of materially contributing to, the
international proliferation of illicit drugs or their means of
production;
(2) to have knowingly received any property or interest in
property that the foreign person knows--
(A) constitutes or is derived from proceeds of
activities or transactions described in paragraph (1);
or
(B) was used or intended to be used to commit or to
facilitate such activities or transactions;
(3) to have provided, or attempted to provide, financial,
material, or technological support for, or goods or services in
support of--
(A) any activity or transaction described in
paragraph (1); or
(B) any sanctioned person;
(4) to be or have been a leader or official of any
sanctioned person or of any foreign person described in
subsection (b) that has engaged in any activity or transaction
described in paragraph (1); or
(5) to be owned, controlled, or directed by, or to have
acted or purported to act for or on behalf of, directly or
indirectly, any sanctioned person.
(b) Foreign Persons Described.--A foreign person described in this
subsection is a foreign person that is--
(1) a citizen or national of the People's Republic of
China, including the Hong Kong Special Administrative Region;
or
(2) an entity organized under the laws of the People's
Republic of China (including the Hong Kong Special
Administrative Region) or otherwise subject to the jurisdiction
of the Government of the People's Republic of China.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President may, pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), block and prohibit all transactions in property and
interests in property of the sanctioned 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) Banking transactions.--The President may prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the sanctioned
person.
(3) Loans from united states financial institutions.--The
President may prohibit any United States financial institution
from making loans or providing credit to the sanctioned person.
(4) Foreign exchange transactions.--The President may
prohibit any transactions in foreign exchange that are subject
to the jurisdiction of the United States and in which the
sanctioned person has any interest.
(5) Prohibition on investment in equity or debt of
sanctioned person.--The President may prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of the sanctioned person.
(6) Prohibitions on financial institutions.--The President
may direct that the following prohibitions be imposed with
respect to a sanctioned person that is a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, the financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--The financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
(7) Procurement ban.--The President may direct that the
United States Government may not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
(8) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a leader,
official, senior executive officer, or director of, or a
shareholder with a controlling interest in, the sanctioned
person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the sanctioned person, or on individuals performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions described in paragraphs (1)
through (8) that are applicable.
(d) Inadmissibility of Certain Sanctioned Persons.--
(1) Visas, admission, or parole.--Except as provided by
paragraph (3), an alien with respect to whom the President
imposed sanctions under paragraph (1) or (8) of subsection (c)
shall be--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) 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.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry
documentation of any alien described in paragraph (1)
is subject to revocation regardless of the date on
which the visa or other entry documentation is or was
issued.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) cancel any other valid visa or entry
documentation that is in the possession of the
alien.
(3) Exceptions.--Paragraphs (1) and (2) shall not apply
with respect to the admission of an alien described in
paragraph (1) if the President determines that the admission of
the alien would not be contrary to the interests of the United
States, including if the President determines that the
admission of the alien would further important United States
law enforcement objectives.
(e) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(f) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence; national.--The terms ``admission'',
``admitted'', ``alien'', ``lawfully admitted for permanent
residence'', and ``national'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(2) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(3) Financial institution.--The term ``financial
institution'' includes--
(A) a depository institution (as defined in section
3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)(1))), including a branch or agency of a foreign
bank (as defined in section 1(b)(7) of the
International Banking Act of 1978 (12 U.S.C. 3101(7)));
(B) a credit union;
(C) a securities firm, including a broker or
dealer;
(D) an insurance company, including an agency or
underwriter; and
(E) any other entity that provides financial
services.
(4) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign country
(including any such individual who is also a citizen or
national of the United States, if the individual does
not reside in the United States); or
(B) any entity not organized under the laws of the
United States or of any jurisdiction within the United
States.
(5) Knowingly; knows.--The terms ``knowingly'' and
``knows'', with respect to conduct, a circumstance, or a
result, means that a person has actual knowledge, or should
have known, of the conduct, the circumstance, or the result.
(6) Means of production.--The terms ``means of production''
includes any activities or transactions involving any
equipment, chemical, product, or material that may be used,
directly or indirectly, in the manufacture of illicit drugs or
precursor chemicals.
(7) Person.--The term ``person'' means an individual or
entity.
(8) Proliferation of illicit drugs.--The term
``proliferation of illicit drugs'' means any illicit activity
to produce, manufacture, distribute, sell, or knowingly finance
or transport narcotic drugs, controlled substances, listed
chemicals, or controlled substance analogues, as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(9) Sanctioned person.--The term ``sanctioned person''
means any person with respect to which sanctions are imposed
under this section.
(10) United states financial institution.--The term
``United States financial institution'' means a financial
institution (including its foreign branches)--
(A) organized under the laws of the United States
or of any jurisdiction within the United States; or
(B) located in the United States.
(11) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 5. AUTHORIZATION TO TERMINATE CERTAIN SANCTIONS AND EXPORT CONTROL
MEASURES IF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA TAKES CERTAIN COUNTERNARCOTICS MEASURES.
(a) In General.--If the President makes the determination described
in subsection (b), the President may--
(1) terminate the application of sanctions imposed with
respect to persons of the People's Republic of China under
section 2 or Executive Order 14059 (50 U.S.C. 1701 note;
relating to imposing sanctions on foreign persons involved in
the global illicit drug trade); and
(2) remove such persons from the Entity List maintained by
the Bureau of Industry and Security of the Department of
Commerce and set forth in Supplement No. 4 to part 744 of title
14, Code of Federal Regulations.
(b) Certification Described.--A determination described in this
subsection is a determination that, during the 12 months preceding the
determination, the Government of the People's Republic of China made
substantial efforts--
(1) to adhere to its obligations under international
counternarcotics agreements; and
(2) to take the counternarcotics measures described in
section 489(a)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(1)).
(c) Person of the People's Republic of China Defined.--In this
section, the term ``person of the People's Republic of China'' means--
(1) an individual who is a citizen or national of the
People's Republic of China; or
(2) an entity organized under the laws of the People's
Republic of China or otherwise subject to the jurisdiction of
the Government of the People's Republic of China.
SEC. 6. REPORTS ON AIRPORTS, PORTS, AND STATES IN MEXICO THAT ARE MAJOR
TRANSIT SITES FOR PRECURSOR CHEMICALS OR COVERED
SYNTHETIC DRUGS.
(a) Reports.--Not later than 90 days after any date on which the
President identifies Mexico as a major drug-transit country or major
illicit drug producing country under section 706(1) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(1)),
the President shall submit to the appropriate congressional committees
a report identifying--
(1) each airport and maritime port in Mexico that serves as
a major transit site or major producing site of precursor
chemicals or covered synthetic drugs; and
(2) each State in Mexico that serves as a major transit
State or major producing State of precursor chemicals or
covered synthetic drugs.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) International narcotics and law enforcement.--There is
authorized to be appropriated to the Secretary of State, for
each of fiscal years 2024 through 2027, $100,000,000 for
International Narcotics and Law Enforcement for Mexico.
(2) Gun trafficking.--There is authorized to be
appropriated to U.S. Customs and Border Protection, for each of
fiscal years 2024 through 2027, in addition to amounts
otherwise made available for such purposes, $50,000,000, which
shall be used--
(A) to interdict the outbound flow of smuggled
firearms and illicit currency that facilitate the
activities of transnational criminal organizations; and
(B) to increase the number of weapons and the
amount of currency being seized from individuals
attempting to smuggle such firearms and currency from
the United States to Mexico.
(3) Transnational criminal investigative unit.--There is
authorized to be appropriated to the Homeland Security
Investigations, for the period of fiscal years 2024 through
2027, $2,500,000, which shall be used to pay vetted members of
a Transnational Criminal Investigative Unit in Mexico a
monetary stipend in accordance with section 890C(d) of the
Homeland Security Act of 2022 (6 U.S.C. 475(d)), as added by
the Transnational Criminal Investigative Unit Stipend Act
(section 7105 of Public Law 117-263).
(b) Limitation on Use of Funds.--None of the amounts authorized to
be appropriated under subsection (a) may be obligated or expended until
the Secretary of State certifies and reports to Congress that the
Government of Mexico is taking sustained and effective steps--
(1) to increase bilateral law enforcement cooperation with
the United States to counter precursor chemicals and covered
synthetic drugs, including steps--
(A) to identify laboratories of covered synthetic
drugs and illicit production sites of those drugs;
(B) to identify routes used to transit precursor
chemicals and covered synthetic drugs;
(C) to increase interdiction of precursor chemicals
and covered synthetic drugs;
(D) to share samples of seized precursor chemicals
and covered synthetic drugs; and
(E) to pursue prosecutions of transnational
criminal organizations and illicit financing of those
organizations; and
(2) to increase cooperation in multilateral fora to address
precursor chemicals and covered synthetic drugs, including--
(A) the United Nations Commission on Narcotic
Drugs;
(B) the World Health Organization Expert Committee
on Drug Dependence;
(C) the International Narcotics Control Board; and
(D) the United Nations Office on Drugs and Crime.
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