[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5448 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5448

    To require the imposition of sanctions with respect to Chinese 
officials determined to be involved in the Mexican fentanyl trade, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2023

    Mr. Ogles (for himself, Mr. Cloud, Mrs. Miller of Illinois, Mr. 
 Tiffany, Mr. Donalds, Mr. Norman, Mr. Mooney, and Mr. Weber of Texas) 
 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 jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To require the imposition of sanctions with respect to Chinese 
officials determined to be involved in the Mexican fentanyl trade, and 
                          for other purposes.

    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 ``Countering CCP Fentanyl Trafficking 
Act''.

SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE OFFICIALS 
              INVOLVED IN THE MEXICAN FENTANYL TRADE.

    (a) Imposition of Sanctions.--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).
    (b) List of Persons.--
            (1) In general.--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.
            (2) Updates of lists.--The President shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    (A) not later than 180 days after the date of 
                enactment of this Act and annually thereafter for 10 
                years; or
                    (B) as new information becomes available.
            (3) Form.--The list required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (c) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Blocking of property.--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.
            (2) Inadmissibility of certain individuals.--
                    (A) Ineligibility for visas, admission, or 
                parole.--A foreign person included in the most recent 
                list submitted pursuant to subsection (b) is--
                            (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.--A foreign person 
                described in subparagraph (A) is also subject to the 
                following:
                            (i) Revocation of any visa or other entry 
                        documentation regardless of when the visa or 
                        other entry documentation is or was issued.
                            (ii) 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.
            (3) Exception.--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.
    (d) Penalties.--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.
    (e) Exception To Comply With National Security.--The following 
activities shall be exempt from sanctions under this section:
            (1) Activities subject to the reporting requirements under 
        title V of the National Security Act of 1947 (50 U.S.C. 3091 et 
        seq.).
            (2) Any authorized intelligence or law enforcement 
        activities of the United States.
    (f) Waiver.--The President may, on a case-by-case basis, waive the 
imposition of any sanction under this section if the President--
            (1) determines that such a waiver is in the national 
        interest of the United States; and
            (2) 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.
    (g) Sunset.--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.
    (h) Appropriate Congressional Committees Defined.--In this Act, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations of the Senate.
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