118th CONGRESS 1st Session |
To provide for the imposition of sanctions on the Government of the People’s Republic of China, and for other purposes.
February 24, 2023
Mr. Banks (for himself, Mrs. Luna, Mrs. Kiggans of Virginia, and Mr. Dunn of Florida) 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
To provide for the imposition of sanctions on the Government of the People’s Republic of China, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Stop CCP Fentanyl Act”.
Congress finds the following:
(1) According to the Drug Enforcement Administration, the People’s Republic of China remains the number one source of fentanyl precursor chemicals, which are then processed and manufactured into synthetic opioids by Mexican drug cartels to bring into the United States.
(2) Of the more than 100,000 drug overdose-related deaths in the United States in 2021, roughly 64,000 were from illicit fentanyl which is more than double the number of such deaths since 2019.
(3) Almost 100 percent of fentanyl derives from precursor drugs from China.
(4) The amount of fentanyl seized by U.S. Customs and Border Protection skyrocketed from 2020 to 2022. In the fiscal year 2022, U.S. Customs and Border Protection seized a record 14,700 pounds of fentanyl, compared with 11,200 pounds in 2021 and 4,800 pounds in 2020.
SEC. 3. Imposition of sanctions on the Government of the People’s Republic of China.
(a) In general.—On and after the date that is 120 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 3 with respect to—
(1) the President of the People’s Republic of China;
(2) the Chairman of the Chinese Communist Party;
(3) the State Council of the People’s Republic of China; and
(4) the Politburo Standing Committee of the People’s Republic of China.
(b) Waiver.—The President may waive the application of sanctions under subsection (a) if the President submits to the appropriate congressional committees a written determination that—
(1) the People’s Republic of China and Chinese Communist Party have taken all reasonable measures to prevent the flow of fentanyl produced within the People’s Republic of China into the United States, including through implementing and enforcing laws controlling and restricting the export of fentanyl precursors such as—
(A) N–Phenethyl-4-piperidone (NPP) 4–Anilino-N phenethylpiperidine (ANPP) N–Phenyl-4-piperidinamine (4–AP) tert-Butyl 4-(phenylamino); and
(B) piperidine-1-carboxylate (boc-4–AP) norfentanyl; and
(2) the intelligence community (as such term is defined in the National Security Act of 1947), in consultation with the Department of Homeland Security and the Department of Justice, has determined that the supply of fentanyl of Chinese origin in the United States and the number of deaths of United States persons due to overdoses of such fentanyl have each been reduced by at least 98 percent during the most-recent 18-month period as compared to the immediately preceding 18-month period.
(c) Penalties.—A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out subsection (a) 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.
(a) In general.—The sanctions described in this section are the following:
(1) BLOCKING OF PROPERTY.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) 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) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR PAROLE.—
(A) VISAS, ADMISSION, OR PAROLE.—An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a) 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.).
(i) IN GENERAL.—The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regardless of when the visa or other entry documentation is issued.
(ii) EFFECT OF REVOCATION.—A revocation under clause (i) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
(1) UNITED NATIONS HEADQUARTERS AGREEMENT.—The sanctions described under subsection (a)(2) shall not apply with respect 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.
(2) EXCEPTION FOR INTELLIGENCE, LAW ENFORCEMENT, AND NATIONAL SECURITY ACTIVITIES.—Sanctions under subsection (a) shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
(3) EXCEPTION RELATING TO IMPORTATION OF GOODS.—
(A) IN GENERAL.—Notwithstanding any other provision of this section, the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(B) GOOD DEFINED.—In this paragraph, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
SEC. 5. Right of action to seize private assets.
(a) In general.—Notwithstanding chapter 97 of title 28, United States Code (commonly referred to as the “Foreign Sovereign Immunities Act”), a national of the United States or an alien lawfully admitted for permanent residence in the United States who is an immediate family member of a covered individual may bring an action in an appropriate district court of the United States against a covered Chinese official or against China for harm suffered as a result of the covered individual’s death seeking money damages. Any property that is blocked pursuant to section 4(a)(1) may be used to satisfy a judgment under this subsection.
(b) Definitions.—In this section:
(1) The term “covered individual” means an individual who dies from an overdose (whether accidental or intentional) of fentanyl, or any analogue of fentanyl, that was manufactured from fentanyl precursors that originated in China and were imported into the United States.
(2) The term “covered Chinese official” means—
(A) the President of the People’s Republic of China;
(B) the Chairman of the Chinese Communist Party; and
(C) the Politburo Standing Committee of the People’s Republic of China, or any member thereof.
(3) The term “immediate family member” means a spouse, parent, stepparent, foster parent, child, stepchild, foster child, grandparent, grandchild, brother, or sister.