IIB 118TH CONGRESS 1ST SESSION H. R. 3203 IN THE SENATE OF THE UNITED STATES JULY 26, 2023 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To impose sanctions with respect to Chinese producers of synthetic opioids and opioid precursors, to hold Chinese officials accountable for the spread of illicit fentanyl, 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 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 2 HR 3203 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Stop Chinese Fentanyl 2 Act of 2023’’. 3 SEC. 2. SENSE OF CONGRESS. 4 It is the sense of Congress that the Government of 5 the People’s Republic of China should— 6 (1) work with the United States Government to 7 identify a list of unregulated chemicals used to cre- 8 ate precursor chemicals that bear increased scrutiny; 9 (2) require the proper labeling of chemical and 10 equipment shipments in accordance with inter- 11 national rules; 12 (3) immediately implement ‘‘know-your-cus- 13 tomer’’ procedures for chemical shipments; and 14 (4) direct all relevant departments and agen- 15 cies, including the National Narcotics Control Com- 16 mission, the Ministry of Public Security, the General 17 Administration of Customs, and the National Med- 18 ical Products Administration of the Government of 19 the People’s Republic of China to establish new rules 20 to crack down on precursor trafficking and enforce 21 such rules swiftly. 22 SEC. 3. AMENDMENTS TO THE FENTANYL SANCTIONS ACT. 23 (a) DEFINITIONS.—Section 7203(5) of the Fentanyl 24 Sanctions Act (21 U.S.C. 2302(5)) is amended— 25 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 3 HR 3203 RFS (1) by striking ‘‘The term ‘foreign opioid traf- 1 ficker’ means any foreign person’’ and inserting the 2 following: ‘‘The term ‘foreign opioid trafficker’— 3 ‘‘(A) means any foreign person’’; 4 (2) by striking the period at the end and insert- 5 ing ‘‘; and’’; and 6 (3) by adding at the end the following: 7 ‘‘(B) includes— 8 ‘‘(i) any entity of the People’s Repub- 9 lic of China that the President deter- 10 mines— 11 ‘‘(I) produces, manufactures, dis- 12 tributes, sells, or knowingly finances 13 or transports any goods described in 14 clause (i) or (ii) of paragraph (8)(A); 15 and 16 ‘‘(II) fails to take credible steps, 17 including through implementation of 18 appropriate know-your-customer pro- 19 cedures or through cooperation with 20 United States counternarcotics ef- 21 forts, to detect or prevent opioid traf- 22 ficking; and 23 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 4 HR 3203 RFS ‘‘(ii) any senior official of the Govern- 1 ment of the People’s Republic of China or 2 other Chinese political official that— 3 ‘‘(I) has significant regulatory or 4 law enforcement responsibilities with 5 respect to the activities of an entity 6 described in clause (i); and 7 ‘‘(II) aids and abets, including 8 through intentional inaction, opioid 9 trafficking.’’. 10 (b) IDENTIFICATION OF FOREIGN OPIOID TRAF- 11 FICKERS.—Section 7211 of the Fentanyl Sanctions Act 12 (21 U.S.C. 2311) is amended— 13 (1) in subsection (a)(1)(A), by adding at the 14 end before the semicolon the following: ‘‘, including 15 whether the heads of the National Narcotics Control 16 Commission, the Ministry of Public Security, the 17 General Administration of Customs, and the Na- 18 tional Medical Products Administration of the Gov- 19 ernment of the People’s Republic of China are for- 20 eign opioid traffickers’’; and 21 (2) in subsection (c), by striking ‘‘5 years’’ and 22 inserting ‘‘10 years’’. 23 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 5 HR 3203 RFS SEC. 4. AMENDMENTS TO THE INTERNATIONAL EMER- 1 GENCY ECONOMIC POWERS ACT AND THE 2 TRADING WITH THE ENEMY ACT. 3 (a) INTERNATIONAL EMERGENCY ECONOMIC POW- 4 ERS ACT.— 5 (1) PERIODIC EVALUATION.—Section 203 of 6 the International Emergency Economic Powers Act 7 (50 U.S.C. 1702) is amended by adding at the end 8 the following: 9 ‘‘(d) PERIODIC EVALUATION.— 10 ‘‘(1) IN GENERAL.—If the authority granted to 11 the President under this section is exercised with re- 12 spect to a covered national emergency, the President 13 shall transmit to the appropriate congressional com- 14 mittees, not less frequently than annually, a periodic 15 evaluation in writing that— 16 ‘‘(A) assesses the effectiveness of the exer- 17 cise of such authority in resolving the covered 18 national emergency; 19 ‘‘(B) considers the views of public- and pri- 20 vate-sector stakeholders; and 21 ‘‘(C) discusses any potential changes to the 22 exercise of the authority for the purpose of 23 more effectively resolving the covered national 24 emergency. 25 ‘‘(2) DEFINITIONS.—In this subsection— 26 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 6 HR 3203 RFS ‘‘(A) the term ‘appropriate congressional 1 committees’ means— 2 ‘‘(i) the Committee on Foreign Af- 3 fairs, the Committee on Financial Services, 4 and the Committee on Oversight and Ac- 5 countability of the House of Representa- 6 tives; and 7 ‘‘(ii) the Committee on Homeland Se- 8 curity and Governmental Affairs, the Com- 9 mittee on Foreign Relations, and the Com- 10 mittee on Banking, Housing, and Urban 11 Affairs of the Senate; and 12 ‘‘(B) the term ‘covered national emergency’ 13 means a national emergency that— 14 ‘‘(i) the President has declared, within 15 the preceding 5-year period, with respect 16 to any national emergency regarding inter- 17 national drug trafficking; and 18 ‘‘(ii) has not terminated.’’. 19 (2) CONSULTATION AND REPORTS.—Section 20 204 of the International Emergency Economic Pow- 21 ers Act (50 U.S.C. 1703) is amended— 22 (A) by striking ‘‘the Congress’’ each place 23 it appears and inserting ‘‘the appropriate con- 24 gressional committees’’; and 25 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 7 HR 3203 RFS (B) by adding at the end the following: 1 ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES 2 DEFINED.—In this section, the term ‘appropriate congres- 3 sional committees’ has the meaning given that term in sec- 4 tion 203(d)(2).’’. 5 (3) AUTHORITY TO ISSUE REGULATIONS.—Sec- 6 tion 205 of the International Emergency Economic 7 Powers Act (50 U.S.C. 1704) is amended— 8 (A) by striking ‘‘The President’’ and in- 9 serting ‘‘(a) The President’’; and 10 (B) by adding at the end the following: 11 ‘‘(b) In issuing regulations under subsection (a) pur- 12 suant to a covered national emergency (as defined in sec- 13 tion 203), the President shall— 14 ‘‘(1) consider the costs and benefits of available 15 statutory and regulatory alternatives; 16 ‘‘(2) evaluate the costs and benefits for the pur- 17 pose of expeditiously resolving the applicable na- 18 tional emergency; 19 ‘‘(3) establish criteria for the eventual termi- 20 nation of the applicable national emergency; and 21 ‘‘(4) include in the basis and purpose incor- 22 porated in the regulations— 23 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 8 HR 3203 RFS ‘‘(A) an explanation of how the regulations 1 will resolve the applicable national emergency; 2 and 3 ‘‘(B) a discussion of the costs and bene- 4 fits.’’. 5 (4) STATUTE OF LIMITATIONS.—Section 206 of 6 the International Emergency Economic Powers Act 7 (50 U.S.C. 1705) is amended by adding at the end 8 the following: 9 ‘‘(d) STATUTE OF LIMITATIONS.— 10 ‘‘(1) CIVIL PENALTY.—An action, suit, or pro- 11 ceeding for the enforcement of any civil fine, pen- 12 alty, or forfeiture, pecuniary or otherwise, shall not 13 be entertained unless commenced within 10 years 14 from the latest date of the violation upon which the 15 civil fine, penalty, or forfeiture is based. 16 ‘‘(2) CRIMINAL PENALTY.—No person shall be 17 prosecuted, tried, or punished for any offense under 18 this section unless the indictment is found or the in- 19 formation is instituted within 10 years from the lat- 20 est date of the violation upon which the indictment 21 or information is based.’’. 22 (b) TRADING WITH THE ENEMY ACT.—Section 16 23 of the Trading with the Enemy Act (50 U.S.C. 4315) is 24 amended by adding at the end the following: 25 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 9 HR 3203 RFS ‘‘(d) STATUTE OF LIMITATIONS.— 1 ‘‘(1) CRIMINAL PENALTY.—No person shall be 2 prosecuted, tried, or punished for any offense under 3 this section unless the indictment is found or the in- 4 formation is instituted within 10 years from the lat- 5 est date of the violation upon which the indictment 6 or information is based. 7 ‘‘(2) CIVIL PENALTY.—An action, suit, or pro- 8 ceeding for the enforcement of any civil fine, pen- 9 alty, or forfeiture, pecuniary or otherwise, shall not 10 be entertained unless commenced within 10 years 11 from the latest date of the violation upon which the 12 civil fine, penalty, or forfeiture is based.’’. 13 SEC. 5. EXCEPTION RELATING TO IMPORTATION OF 14 GOODS. 15 (a) IN GENERAL.—A requirement to block and pro- 16 hibit all transactions in all property and interests in prop- 17 erty pursuant to this Act or any amendment made by this 18 Act shall not include the authority or a requirement to 19 impose sanctions on the importation of goods. 20 (b) GOOD DEFINED.—In this section, the term 21 ‘‘good’’ means any article, natural or manmade substance, 22 VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS 10 HR 3203 RFS material, supply or manufactured product, including in- 1 spection and test equipment, and excluding technical data. 2 Passed the House of Representatives July 25, 2023. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 08:08 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3203.RFS H3203 kjohnson on DSK79L0C42PROD with BILLS