[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2059 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2059
To impose sanctions with respect to pharmaceutical companies of the
People's Republic of China and certain cartels that traffic fentanyl
into the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2023
Mr. Menendez introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To impose sanctions with respect to pharmaceutical companies of the
People's Republic of China and certain cartels that traffic fentanyl
into the United States, 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 ``Strengthening Sanctions on Fentanyl
Traffickers Act of 2023''.
SEC. 2. PRIORITIZATION OF IDENTIFICATION OF PERSONS FROM THE PEOPLE'S
REPUBLIC OF CHINA.
Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Prioritization.--
``(A) In general.--In preparing the report required
by paragraph (1), the President shall prioritize the
identification of persons of the People's Republic of
China involved in the shipment of fentanyl, fentanyl
analogues, fentanyl precursors, precursors for fentanyl
analogues, pre-precursors for fentanyl and fentanyl
analogues, and equipment for the manufacturing of
fentanyl and fentanyl-laced counterfeit pills to Mexico
or any other country that is involved in the production
of fentanyl that is trafficked into the United States,
including--
``(i) any entity involved in the production
of pharmaceuticals; and
``(ii) any person that is acting on behalf
of any such entity.
``(B) Termination of prioritization.--
``(i) The President shall continue the
prioritization described in subparagraph (A)
until the People's Republic of China is no
longer the primary source for the shipment of
fentanyl, fentanyl analogues, fentanyl
precursors, precursors for fentanyl analogues,
pre-precursors for fentanyl and fentanyl
analogues, and equipment for the manufacturing
of fentanyl and fentanyl-laced counterfeit
pills to Mexico or any other country that is
involved in the production of fentanyl that is
trafficked into the United States; and
``(ii) the President so certifies to the
appropriate congressional committees.
``(C) Person of the people's republic of china
defined.--In this section, the term `person of the
People's Republic of China' means--
``(i) an individual who is a citizen or
national of the People's Republic of China; or
``(ii) 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.''; and
(2) in subsection (c), by striking ``the date that is 5
years after such date of enactment'' and inserting ``December
31, 2030''.
SEC. 3. SANCTIONS WITH RESPECT TO SIGNIFICANT FENTANYL TRAFFICKING
ORGANIZATIONS.
(a) In General.--United States sanctions imposed on the
transnational criminal organizations listed in subsection (b) provided
for in the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et
seq.), as in effect on the date of the enactment of this Act, shall
remain in effect except as provided in subsection (c).
(b) Transnational Criminal Organizations.--The transnational
criminal organizations listed in this subsection are the following:
(1) The Sinaloa Cartel.
(2) The Jalisco New Generation Cartel.
(3) The Beltran-Leyva Organization.
(4) Los Zetas.
(5) The Guerreros Unidos.
(6) The Gulf Cartel.
(7) The Juarez Cartel.
(8) La Familia Michocana.
(9) Los Rojos.
(c) Termination of Certain Sanctions.--The President may terminate
the application of any sanctions described in subsection (a) with
respect to any transnational criminal organization listed in subsection
(b) if the President submits to the appropriate congressional
committees a notice that such transnational criminal organization is
not engaging in the activity that was the basis for such sanctions.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS
INVOLVED IN GLOBAL ILLICIT DRUG TRADE.
(a) In General.--The President may impose any of the sanctions
described in subsection (b) with respect to any foreign person
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 trafficking 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 a leader or official of any sanctioned person or
of any foreign person 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) 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.
(c) 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 (b)
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 Secretary of State or the Secretary of
Homeland Security, as appropriate, determines, based on a
recommendation of the Attorney General, that the admission of
the alien would further important United States law enforcement
objectives.
(d) 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.
(e) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(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) 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.
(5) 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.
(6) Person.--The term ``person'' means an individual or
entity.
(7) 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).
(8) Sanctioned person.--The term ``sanctioned person''
means any person with respect to which sanctions are imposed
under this section.
(9) 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.
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