[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4681 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 4681


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2024

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
  To provide for the imposition of sanctions with respect to illicit 
                         captagon trafficking.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illicit Captagon Trafficking 
Suppression Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Industrial scale production of the amphetamine-type 
        stimulant also known as captagon, and the illicit production of 
        precursor chemicals, in territories held by the regime of 
        President Bashar al Assad in Syria are becoming more 
        sophisticated and pose a severe challenge to regional and 
        international security.
            (2) Elements of the Government of Syria are key drivers of 
        illicit trafficking in captagon, with ministerial-level 
        complicity in production and smuggling, using other armed 
        groups such as Hizballah for technical and logistical support 
        in captagon production and trafficking.
            (3) As affiliates of the Government of Syria and other 
        actors seek to export captagon, they undermine regional 
        security by empowering a broad range of criminal networks, 
        militant groups, mafia syndicates, and autocratic governments.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to target individuals, 
entities, and networks associated with the Government of Syria to 
dismantle and degrade the transnational criminal organizations, 
including narcotics trafficking networks, associated with the regime of 
President Bashar al Assad in Syria and Hizballah.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO ILLICIT CAPTAGON 
              TRAFFICKING.

    (a) In General.--The sanctions described in subsection (b) shall be 
imposed with respect to any foreign person the President determines, on 
or after the date of enactment of this Act--
            (1) engages in, or attempts to engage in, activities or 
        transactions that have materially contributed to, or pose a 
        significant risk of materially contributing to, the illicit 
        production and international illicit proliferation of captagon; 
        or
            (2) knowingly receives any property or interest in property 
        that the foreign person knows--
                    (A) constitutes or is derived from proceeds of 
                activities or transactions that have materially 
                contributed to, or pose a significant risk of 
                materially contributing to, the illicit production and 
                international illicit proliferation of captagon; or
                    (B) was used or intended to be used to commit or to 
                facilitate activities or transactions that have 
                materially contributed to, or pose a significant risk 
                of materially contributing to, the illicit production 
                and international illicit proliferation of captagon.
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Blocking of property.--The President shall exercise all 
        authorities granted 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 foreign person if such property and 
        interests in property are in the United States, come within the 
        United States, or come within the possession or control of a 
        United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a) shall be--
                            (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.).
                    (B) Current visas revoked.--
                            (i) In general.--The visa or other entry 
                        documentation of any alien described in 
                        subsection (a) is subject to revocation 
                        regardless of the issue date of the visa or 
                        other entry documentation.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall, in accordance with section 
                        221(i) of the Immigration and Nationality Act 
                        (8 U.S.C. 1201(i))--
                                    (I) take effect immediately; and
                                    (II) cancel any other valid visa or 
                                entry documentation that is in the 
                                possession of the alien.
    (c) Penalties.--Any person that violates, or attempts to violate, 
subsection (b) or any regulation, license, or order issued pursuant to 
that subsection, 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.
    (d) Waiver.--
            (1) In general.--The President may waive the application of 
        sanctions under this section with respect to a foreign person 
        only if, not later than 15 days prior to the date on which the 
        waiver is to take effect, the President submits to the 
        appropriate congressional committees a written determination 
        and justification that the waiver is important to the national 
        security interests of the United States.
            (2) Briefing.--Not later than 60 days after the issuance of 
        a waiver under paragraph (1), and every 180 days thereafter 
        while the waiver remains in effect, the President shall brief 
        the appropriate congressional committees on the reasons for the 
        waiver.
    (e) Humanitarian Waiver.--
            (1) In general.--The President may waive, for renewable 
        periods not to exceed 2 years, the application of sanctions 
        with respect to a nongovernmental organization providing 
        humanitarian assistance if the President certifies to the 
        appropriate congressional committees that such a waiver is 
        important to address a humanitarian need and is consistent with 
        the national security interests of the United States.
            (2) Briefing.--Not later than 90 days after the issuance of 
        a waiver under paragraph (1), and every 180 days thereafter 
        while the waiver remains in effect, the President shall brief 
        the appropriate congressional committees on the reasons for the 
        waiver.
    (f) Implementation.--The President may exercise all authorities 
provided under sections 203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this 
section.
    (g) Regulations.--
            (1) In general.--The President shall, not later than 120 
        days after the date of the enactment of this Act, promulgate 
        regulations as necessary for the implementation of this 
        section.
            (2) Notification to congress.--Not later than 10 days 
        before the promulgation of regulations under this subsection, 
        the President shall notify the appropriate congressional 
        committees of the proposed regulations and the provisions of 
        this section that the regulations are implementing.
    (h) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under 
        this section shall not apply to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Exception to comply with international obligations and 
        for law enforcement activities.--Sanctions under this section 
        shall not apply with respect to an alien if admitting or 
        paroling the alien into the United States is necessary--
                    (A) 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; or
                    (B) to carry out or assist authorized law 
                enforcement activity in the United States.
    (i) Exception Relating to the Importation of Goods.--
            (1) In general.--The authorities and requirements under 
        this section shall not include the authority or a requirement 
        to impose sanctions on the importation of goods.
            (2) Good defined.--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.

SEC. 5. DETERMINATIONS WITH RESPECT TO THE GOVERNMENT OF SYRIA, 
              HIZBALLAH, AND NETWORKS AFFILIATED WITH THE GOVERNMENT OF 
              SYRIA OR HIZBALLAH.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall--
            (1) determine whether each foreign person described in 
        subsection (b) meets the criteria for sanctions under this Act; 
        and
            (2) submit to the appropriate congressional committees a 
        report containing--
                    (A) a list of all foreign persons described in 
                subsection (b) that meet the criteria for imposition of 
                sanctions under this Act;
                    (B) for each foreign person identified pursuant to 
                subparagraph (A), a statement of whether sanctions have 
                been imposed or will be imposed within 30 days of the 
                submission of the report; and
                    (C) with respect to any person identified pursuant 
                to subparagraph (A) for whom sanctions have not been 
                imposed and will not be imposed within 30 days of the 
                submission of the report, the specific authority under 
                which otherwise applicable sanctions are being waived, 
                have otherwise been determined not to apply, or are not 
                being imposed and a complete justification of the 
                decision to waive or otherwise not apply such 
                sanctions.
    (b) Foreign Persons Described.--The foreign persons described in 
this subsection are the following:
            (1) Maher Al Assad.
            (2) Imad Abu Zureiq.
            (3) Amer Taysir Khiti.
            (4) Taher al-Kayyali.
            (5) Raji Falhout.
            (6) Mohammed Asif Issa Shalish.
            (7) Abdellatif Hamid.
            (8) Mustafa Al Masalmeh.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on the Judiciary of the Senate.
            (2) Captagon.--The term ``captagon'' means any compound, 
        mixture, or preparation which contains any quantity of a 
        stimulant in schedule I or II of section 202 of the Controlled 
        Substances Act (21 U.S.C. 812), including--
                    (A) amphetamine, methamphetamine, and fenethylline;
                    (B) any immediate precursor or controlled substance 
                analogue of such a stimulant, as defined in section 102 
                of the Controlled Substances Act (21 U.S.C. 802); and
                    (C) any isomers, esters, ethers, salts, and salts 
                of isomers, esters, and ethers of such a stimulant, 
                whenever the existence of such isomers, esters, ethers, 
                and salts is possible within the specific chemical 
                designation.
            (3) Foreign person.--The term ``foreign person''--
                    (A) means an individual or entity that is not a 
                United States person; and
                    (B) includes a foreign state (as such term is 
                defined in section 1603 of title 28, United States 
                Code).
            (4) Illicit proliferation.--The term ``illicit 
        proliferation'' refers to any illicit activity to produce, 
        manufacture, distribute, sell, or knowingly finance or 
        transport.
            (5) Knowingly.--The term ``knowingly'' has the meaning 
        given that term in section 14 of the Iran Sanctions Act of 1996 
        (Public Law 104-172; 50 U.S.C. 1701 note).
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen;
                    (B) a permanent resident alien of the United 
                States;
                    (C) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (D) a person in the United States.

            Passed the House of Representatives April 16, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.