HR3203-118

1. Short title This Act may be cited as the Stop Chinese Fentanyl Act of 2023.

2. Sense of Congress It is the sense of Congress that the Government of the People’s Republic of China should— work with the United States Government to identify a list of unregulated chemicals used to create precursor chemicals that bear increased scrutiny; require the proper labeling of chemical and equipment shipments in accordance with international rules; immediately implement know-your-customer procedures for chemical shipments; and 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.

3. Amendments to the Fentanyl Sanctions Act Section 7203(5) of the Fentanyl Sanctions Act (21 U.S.C. 2302(5)) is amended— by striking The term foreign opioid trafficker means any foreign person and inserting the following: The term foreign opioid trafficker— means any foreign person by striking the period at the end and inserting ; and; and by adding at the end the following: includes— any entity of the People’s Republic of China that the President determines— produces, manufactures, distributes, sells, or knowingly finances or transports any goods described in clause (i) or (ii) of paragraph (8)(A); and 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 any senior official of the Government of the People’s Republic of China or other Chinese political official that— has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); and aids and abets, including through intentional inaction, opioid trafficking. Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) is amended— 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 in subsection (c), by striking 5 years and inserting 10 years. The term foreign opioid trafficker— (A)means any foreign person; (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..

4. Amendments to the International Emergency Economic Powers Act and the Trading with the Enemy Act Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended by adding at the end the following: 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— assesses the effectiveness of the exercise of such authority in resolving the covered national emergency; considers the views of public- and private-sector stakeholders; and discusses any potential changes to the exercise of the authority for the purpose of more effectively resolving the covered national emergency. In this subsection— the term appropriate congressional committees means— the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Oversight and Accountability of the House of Representatives; and 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 the term covered national emergency means a national emergency that— the President has declared, within the preceding 5-year period, with respect to any national emergency regarding international drug trafficking; and has not terminated. Section 204 of the International Emergency Economic Powers Act (50 U.S.C. 1703) is amended— by striking the Congress each place it appears and inserting the appropriate congressional committees; and by adding at the end the following: In this section, the term appropriate congressional committees has the meaning given that term in section 203(d)(2). Section 205 of the International Emergency Economic Powers Act (50 U.S.C. 1704) is amended— by striking The President and inserting (a) The President; and by adding at the end the following: In issuing regulations under subsection (a) pursuant to a covered national emergency (as defined in section 203), the President shall— consider the costs and benefits of available statutory and regulatory alternatives; evaluate the costs and benefits for the purpose of expeditiously resolving the applicable national emergency; establish criteria for the eventual termination of the applicable national emergency; and include in the basis and purpose incorporated in the regulations— an explanation of how the regulations will resolve the applicable national emergency; and a discussion of the costs and benefits. Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) is amended by adding at the end the following: 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. 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. Section 16 of the Trading with the Enemy Act (50 U.S.C. 4315) is amended by adding at the end the following: 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. 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. (d)Periodic evaluation (1)In generalIf 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)DefinitionsIn 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.. (e)Appropriate congressional committees definedIn this section, the term appropriate congressional committees has the meaning given that term in section 203(d)(2).. (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.. (d)Statute of limitations (1)Civil penaltyAn 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 penaltyNo 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.. (d)Statute of limitations (1)Criminal penaltyNo 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 penaltyAn 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..

5. Exception relating to importation of goods 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. 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.