What This Bill Does
This bill tells the President to impose penalties on high-ranking Chinese government leaders because of the flow of fentanyl precursor chemicals (ingredients used to make fentanyl, a powerful synthetic opioid) from China into the United States. The bill also creates a legal right for American families who lost someone to fentanyl to sue certain Chinese officials in U.S. courts.
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Who It Affects
- The President of the People's Republic of China
- The Chairman of the Chinese Communist Party
- The State Council of the People's Republic of China
- The Politburo Standing Committee of the People's Republic of China
- Family members of people who died from fentanyl overdoses (spouses, parents, children, siblings, grandparents and grandchildren)
- U.S. Customs and Border Protection officers
- The Secretary of State and Secretary of Homeland Security
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Key Provisions
- The President must block all property and money belonging to the four Chinese government bodies and officials listed above if that property is in the United States or controlled by any American person, effective 120 days after the law passes (Sec. 3(a) and Sec. 4(a)(1))
- The President must make these officials ineligible for visas and ban them from entering the United States, and must revoke any visas they already have (Sec. 4(a)(2))
- A person who violates these sanctions faces penalties under the International Emergency Economic Powers Act (a law that allows the government to control economic activity during national emergencies) (Sec. 3(c))
- Family members of people who died from fentanyl overdoses can sue high-ranking Chinese officials and China for money damages in federal court, and can use blocked Chinese government property to pay any settlement or judgment (Sec. 5(a))
- The President can skip these penalties if he certifies to Congress that China has taken "all reasonable measures" to stop fentanyl precursor exports and that Chinese fentanyl deaths in America have dropped by at least 98 percent over an 18-month period (Sec. 3(b))
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What Changes
If this becomes law, Chinese government leaders named in the bill cannot enter the United States and will have their property frozen (prevented from being used). Family members who lost relatives to fentanyl overdoses will have the legal right to sue these officials and China in American courts. The President gets 120 days after the bill becomes law to enforce these sanctions, unless he chooses to waive them based on improvements in China's actions.
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Important Definitions
- "Covered individual": A person who dies from an accidental or intentional fentanyl overdose where the fentanyl was made from precursor chemicals that originated in China and were brought into the United States (Sec. 5(b)(1))
- "Covered Chinese official": The President of China, the Chairman of the Chinese Communist Party, and members of the Politburo Standing Committee (Sec. 5(b)(2))
- "Immediate family member": A spouse, parent, stepparent, foster parent, child, stepchild, foster child, grandparent, grandchild, brother or sister (Sec. 5(b)(3))
- "Good": Any article, substance, material, supply or manufactured product, including testing equipment (but not technical information) (Sec. 4(b)(1)(B))
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Effective Date
Sanctions must be imposed 120 days after the bill becomes law (Sec. 3(a)).
I
118TH CONGRESS
1ST SESSION H. R. 1171
To provide for the imposition of sanctions on the Government of the People’s
Republic of China, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
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 jurisdic-
tion of the committee concerned
A BILL
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Stop CCP Fentanyl
4
Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds the following:
7
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•HR 1171 IH
(1) According to the Drug Enforcement Admin-
1
istration, the People’s Republic of China remains the
2
number one source of fentanyl precursor chemicals,
3
which are then processed and manufactured into
4
synthetic opioids by Mexican drug cartels to bring
5
into the United States.
6
(2) Of the more than 100,000 drug overdose-re-
7
lated deaths in the United States in 2021, roughly
8
64,000 were from illicit fentanyl which is more than
9
double the number of such deaths since 2019.
10
(3) Almost 100 percent of fentanyl derives from
11
precursor drugs from China.
12
(4) The amount of fentanyl seized by U.S. Cus-
13
toms and Border Protection skyrocketed from 2020
14
to 2022. In the fiscal year 2022, U.S. Customs and
15
Border Protection seized a record 14,700 pounds of
16
fentanyl, compared with 11,200 pounds in 2021 and
17
4,800 pounds in 2020.
18
SEC. 3. IMPOSITION OF SANCTIONS ON THE GOVERNMENT
19
OF THE PEOPLE’S REPUBLIC OF CHINA.
20
(a) IN GENERAL.—On and after the date that is 120
21
days after the date of the enactment of this Act, the Presi-
22
dent shall impose the sanctions described in section 3 with
23
respect to—
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•HR 1171 IH
(1) the President of the People’s Republic of
1
China;
2
(2) the Chairman of the Chinese Communist
3
Party;
4
(3) the State Council of the People’s Republic
5
of China; and
6
(4) the Politburo Standing Committee of the
7
People’s Republic of China.
8
(b) WAIVER.—The President may waive the applica-
9
tion of sanctions under subsection (a) if the President sub-
10
mits to the appropriate congressional committees a written
11
determination that—
12
(1) the People’s Republic of China and Chinese
13
Communist Party have taken all reasonable meas-
14
ures to prevent the flow of fentanyl produced within
15
the People’s Republic of China into the United
16
States, including through implementing and enforc-
17
ing laws controlling and restricting the export of
18
fentanyl precursors such as—
19
(A) N–Phenethyl-4-piperidone (NPP) 4–
20
Anilino-N
phenethylpiperidine
(ANPP)
N–
21
Phenyl-4-piperidinamine (4–AP) tert-Butyl 4-
22
(phenylamino); and
23
(B) piperidine-1-carboxylate (boc-4–AP)
24
norfentanyl; and
25
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•HR 1171 IH
(2) the intelligence community (as such term is
1
defined in the National Security Act of 1947), in
2
consultation with the Department of Homeland Se-
3
curity and the Department of Justice, has deter-
4
mined that the supply of fentanyl of Chinese origin
5
in the United States and the number of deaths of
6
United States persons due to overdoses of such
7
fentanyl have each been reduced by at least 98 per-
8
cent during the most-recent 18-month period as
9
compared to the immediately preceding 18-month
10
period.
11
(c) PENALTIES.—A person that violates, attempts to
12
violate, conspires to violate, or causes a violation of sub-
13
section (a) or any regulation, license, or order issued to
14
carry out subsection (a) shall be subject to the penalties
15
set forth in subsections (b) and (c) of section 206 of the
16
International Emergency Economic Powers Act (50
17
U.S.C. 1705) to the same extent as a person that commits
18
an unlawful act described in subsection (a) of that section.
19
SEC. 4. SANCTIONS DESCRIBED.
20
(a) IN GENERAL.—The sanctions described in this
21
section are the following:
22
(1) BLOCKING OF PROPERTY.—The President
23
shall exercise all of the powers granted to the Presi-
24
dent under the International Emergency Economic
25
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•HR 1171 IH
Powers Act (50 U.S.C. 1701 et seq.) to the extent
1
necessary to block and prohibit all transactions in
2
property and interests in property of the person if
3
such property and interests in property are in the
4
United States, come within the United States, or are
5
or come within the possession or control of a United
6
States person.
7
(2) ALIENS INELIGIBLE FOR VISAS, ADMISSION,
8
OR PAROLE.—
9
(A) VISAS, ADMISSION, OR PAROLE.—An
10
alien who the Secretary of State or the Sec-
11
retary of Homeland Security (or a designee of
12
one of such Secretaries) knows, or has reason
13
to believe, has knowingly engaged in any activ-
14
ity described in subsection (a) is—
15
(i) inadmissible to the United States;
16
(ii) ineligible to receive a visa or other
17
documentation to enter the United States;
18
and
19
(iii) otherwise ineligible to be admitted
20
or paroled into the United States or to re-
21
ceive any other benefit under the Immigra-
22
tion and Nationality Act (8 U.S.C. 1101 et
23
seq.).
24
(B) CURRENT VISAS REVOKED.—
25
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•HR 1171 IH
(i) IN
GENERAL.—The issuing con-
1
sular officer, the Secretary of State, or the
2
Secretary of Homeland Security (or a des-
3
ignee of one of such Secretaries) shall, in
4
accordance with section 221(i) of the Im-
5
migration and Nationality Act (8 U.S.C.
6
1201(i)), revoke any visa or other entry
7
documentation issued to an alien described
8
in subparagraph (A) regardless of when
9
the visa or other entry documentation is
10
issued.
11
(ii) EFFECT OF REVOCATION.—A rev-
12
ocation under clause (i) shall take effect
13
immediately and shall automatically cancel
14
any other valid visa or entry documenta-
15
tion that is in the alien’s possession.
16
(b) EXCEPTIONS.—
17
(1) UNITED NATIONS HEADQUARTERS AGREE-
18
MENT.—The sanctions described under subsection
19
(a)(2) shall not apply with respect to an alien if ad-
20
mitting or paroling the alien into the United States
21
is necessary to permit the United States to comply
22
with the Agreement regarding the Headquarters of
23
the United Nations, signed at Lake Success June
24
26, 1947, and entered into force November 21,
25
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•HR 1171 IH
1947, between the United Nations and the United
1
States, or other applicable international obligations.
2
(2) EXCEPTION FOR INTELLIGENCE, LAW EN-
3
FORCEMENT,
AND
NATIONAL
SECURITY
ACTIVI-
4
TIES.—Sanctions under subsection (a) shall not
5
apply to any authorized intelligence, law enforce-
6
ment, or national security activities of the United
7
States.
8
(3) EXCEPTION RELATING TO IMPORTATION OF
9
GOODS.—
10
(A) IN
GENERAL.—Notwithstanding any
11
other provision of this section, the authorities
12
and requirements to impose sanctions under
13
this section shall not include the authority or a
14
requirement to impose sanctions on the impor-
15
tation of goods.
16
(B) GOOD DEFINED.—In this paragraph,
17
the term ‘‘good’’ means any article, natural or
18
man-made substance, material, supply or manu-
19
factured product, including inspection and test
20
equipment, and excluding technical data.
21
SEC. 5. RIGHT OF ACTION TO SEIZE PRIVATE ASSETS.
22
(a) IN GENERAL.—Notwithstanding chapter 97 of
23
title 28, United States Code (commonly referred to as the
24
‘‘Foreign Sovereign Immunities Act’’), a national of the
25
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•HR 1171 IH
United States or an alien lawfully admitted for permanent
1
residence in the United States who is an immediate family
2
member of a covered individual may bring an action in
3
an appropriate district court of the United States against
4
a covered Chinese official or against China for harm suf-
5
fered as a result of the covered individual’s death seeking
6
money damages. Any property that is blocked pursuant
7
to section 4(a)(1) may be used to satisfy a judgment under
8
this subsection.
9
(b) DEFINITIONS.—In this section:
10
(1) The term ‘‘covered individual’’ means an in-
11
dividual who dies from an overdose (whether acci-
12
dental or intentional) of fentanyl, or any analogue of
13
fentanyl, that was manufactured from fentanyl pre-
14
cursors that originated in China and were imported
15
into the United States.
16
(2) The term ‘‘covered Chinese official’’
17
means—
18
(A) the President of the People’s Republic
19
of China;
20
(B) the Chairman of the Chinese Com-
21
munist Party; and
22
(C) the Politburo Standing Committee of
23
the People’s Republic of China, or any member
24
thereof.
25
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•HR 1171 IH
(3) The term ‘‘immediate family member’’
1
means a spouse, parent, stepparent, foster parent,
2
child, stepchild, foster child, grandparent, grand-
3
child, brother, or sister.
4
Æ
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