HR5448-118

1. Short title This Act may be cited as the Countering CCP Fentanyl Trafficking Act.

2. Imposition of sanctions with respect to chinese officials involved in the mexican fentanyl trade 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). 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. The President shall submit to the appropriate congressional committees an updated list under paragraph (1)— not later than 180 days after the date of enactment of this Act and annually thereafter for 10 years; or as new information becomes available. The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. The sanctions described in this subsection are the following: 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. A foreign person included in the most recent list submitted pursuant to subsection (b) is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and 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.). A foreign person described in subparagraph (A) is also subject to the following: Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. 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. 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. 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. The following activities shall be exempt from sanctions under this section: Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.). Any authorized intelligence or law enforcement activities of the United States. The President may, on a case-by-case basis, waive the imposition of any sanction under this section if the President— determines that such a waiver is in the national interest of the United States; and 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. 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. In this Act, the term appropriate congressional committees means— the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Relations of the Senate.