[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2059 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2059

  To impose sanctions with respect to pharmaceutical companies of the 
 People's Republic of China and certain cartels that traffic fentanyl 
            into the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2023

 Mr. Menendez introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To impose sanctions with respect to pharmaceutical companies of the 
 People's Republic of China and certain cartels that traffic fentanyl 
            into the United States, 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 ``Strengthening Sanctions on Fentanyl 
Traffickers Act of 2023''.

SEC. 2. PRIORITIZATION OF IDENTIFICATION OF PERSONS FROM THE PEOPLE'S 
              REPUBLIC OF CHINA.

    Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following 
                new paragraph (3):
            ``(3) Prioritization.--
                    ``(A) In general.--In preparing the report required 
                by paragraph (1), the President shall prioritize the 
                identification of persons of the People's Republic of 
                China involved in the shipment of fentanyl, fentanyl 
                analogues, fentanyl precursors, precursors for fentanyl 
                analogues, pre-precursors for fentanyl and fentanyl 
                analogues, and equipment for the manufacturing of 
                fentanyl and fentanyl-laced counterfeit pills to Mexico 
                or any other country that is involved in the production 
                of fentanyl that is trafficked into the United States, 
                including--
                            ``(i) any entity involved in the production 
                        of pharmaceuticals; and
                            ``(ii) any person that is acting on behalf 
                        of any such entity.
                    ``(B) Termination of prioritization.--
                            ``(i) The President shall continue the 
                        prioritization described in subparagraph (A) 
                        until the People's Republic of China is no 
                        longer the primary source for the shipment of 
                        fentanyl, fentanyl analogues, fentanyl 
                        precursors, precursors for fentanyl analogues, 
                        pre-precursors for fentanyl and fentanyl 
                        analogues, and equipment for the manufacturing 
                        of fentanyl and fentanyl-laced counterfeit 
                        pills to Mexico or any other country that is 
                        involved in the production of fentanyl that is 
                        trafficked into the United States; and
                            ``(ii) the President so certifies to the 
                        appropriate congressional committees.
                    ``(C) Person of the people's republic of china 
                defined.--In this section, the term `person of the 
                People's Republic of China' means--
                            ``(i) an individual who is a citizen or 
                        national of the People's Republic of China; or
                            ``(ii) an entity organized under the laws 
                        of the People's Republic of China or otherwise 
                        subject to the jurisdiction of the Government 
                        of the People's Republic of China.''; and
            (2) in subsection (c), by striking ``the date that is 5 
        years after such date of enactment'' and inserting ``December 
        31, 2030''.

SEC. 3. SANCTIONS WITH RESPECT TO SIGNIFICANT FENTANYL TRAFFICKING 
              ORGANIZATIONS.

    (a) In General.--United States sanctions imposed on the 
transnational criminal organizations listed in subsection (b) provided 
for in the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et 
seq.), as in effect on the date of the enactment of this Act, shall 
remain in effect except as provided in subsection (c).
    (b) Transnational Criminal Organizations.--The transnational 
criminal organizations listed in this subsection are the following:
            (1) The Sinaloa Cartel.
            (2) The Jalisco New Generation Cartel.
            (3) The Beltran-Leyva Organization.
            (4) Los Zetas.
            (5) The Guerreros Unidos.
            (6) The Gulf Cartel.
            (7) The Juarez Cartel.
            (8) La Familia Michocana.
            (9) Los Rojos.
    (c) Termination of Certain Sanctions.--The President may terminate 
the application of any sanctions described in subsection (a) with 
respect to any transnational criminal organization listed in subsection 
(b) if the President submits to the appropriate congressional 
committees a notice that such transnational criminal organization is 
not engaging in the activity that was the basis for such sanctions.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Financial Services of the House of Representatives.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS 
              INVOLVED IN GLOBAL ILLICIT DRUG TRADE.

    (a) In General.--The President may impose any of the sanctions 
described in subsection (b) with respect to any foreign person 
determined by the President--
            (1) to have engaged in, or attempted to engage in, 
        activities or transactions that have materially contributed to, 
        or pose a significant risk of materially contributing to, the 
        international trafficking of illicit drugs or their means of 
        production;
            (2) to have knowingly received any property or interest in 
        property that the foreign person knows--
                    (A) constitutes or is derived from proceeds of 
                activities or transactions described in paragraph (1); 
                or
                    (B) was used or intended to be used to commit or to 
                facilitate such activities or transactions;
            (3) to have provided, or attempted to provide, financial, 
        material, or technological support for, or goods or services in 
        support of--
                    (A) any activity or transaction described in 
                paragraph (1); or
                    (B) any sanctioned person;
            (4) to be a leader or official of any sanctioned person or 
        of any foreign person that has engaged in any activity or 
        transaction described in paragraph (1); or
            (5) to be owned, controlled, or directed by, or to have 
        acted or purported to act for or on behalf of, directly or 
        indirectly, any sanctioned person.
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Blocking of property.--The President may, pursuant to 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.), block and prohibit all transactions in property and 
        interests in property of the sanctioned 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) Banking transactions.--The President may prohibit any 
        transfers of credit or payments between financial institutions 
        or by, through, or to any financial institution, to the extent 
        that such transfers or payments are subject to the jurisdiction 
        of the United States and involve any interest of the sanctioned 
        person.
            (3) Loans from united states financial institutions.--The 
        President may prohibit any United States financial institution 
        from making loans or providing credit to the sanctioned person.
            (4) Foreign exchange transactions.--The President may 
        prohibit any transactions in foreign exchange that are subject 
        to the jurisdiction of the United States and in which the 
        sanctioned person has any interest.
            (5) Prohibition on investment in equity or debt of 
        sanctioned person.--The President may prohibit any United 
        States person from investing in or purchasing significant 
        amounts of equity or debt instruments of the sanctioned person.
            (6) Prohibitions on financial institutions.--The President 
        may direct that the following prohibitions be imposed with 
        respect to a sanctioned person that is a financial institution:
                    (A) Prohibition on designation as primary dealer.--
                Neither the Board of Governors of the Federal Reserve 
                System nor the Federal Reserve Bank of New York may 
                designate, or permit the continuation of any prior 
                designation of, the financial institution as a primary 
                dealer in United States Government debt instruments.
                    (B) Prohibition on service as a repository of 
                government funds.--The financial institution may not 
                serve as agent of the United States Government or serve 
                as repository for United States Government funds.
            (7) Procurement ban.--The President may direct that the 
        United States Government may not procure, or enter into any 
        contract for the procurement of, any goods or services from the 
        sanctioned person.
            (8) Exclusion of corporate officers.--The President may 
        direct the Secretary of State to deny a visa to, and the 
        Secretary of Homeland Security to exclude from the United 
        States, any alien that the President determines is a leader, 
        official, senior executive officer, or director of, or a 
        shareholder with a controlling interest in, the sanctioned 
        person.
            (9) Sanctions on principal executive officers.--The 
        President may impose on the principal executive officer or 
        officers of the sanctioned person, or on individuals performing 
        similar functions and with similar authorities as such officer 
        or officers, any of the sanctions described in paragraphs (1) 
        through (8) that are applicable.
    (c) Inadmissibility of Certain Sanctioned Persons.--
            (1) Visas, admission, or parole.--Except as provided by 
        paragraph (3), an alien with respect to whom the President 
        imposed sanctions under paragraph (1) or (8) of subsection (b) 
        shall be--
                    (A) inadmissible to the United States;
                    (B) ineligible to receive a visa or other 
                documentation to enter the United States; and
                    (C) 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.).
            (2) Current visas revoked.--
                    (A) In general.--The visa or other entry 
                documentation of any alien described in paragraph (1) 
                is subject to revocation regardless of the date on 
                which the visa or other entry documentation is or was 
                issued.
                    (B) Immediate effect.--A revocation under 
                subparagraph (A) shall--
                            (i) take effect immediately; and
                            (ii) cancel any other valid visa or entry 
                        documentation that is in the possession of the 
                        alien.
            (3) Exceptions.--Paragraphs (1) and (2) shall not apply 
        with respect to the admission of an alien described in 
        paragraph (1) if the President determines that the admission of 
        the alien would not be contrary to the interests of the United 
        States, including if the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, determines, based on a 
        recommendation of the Attorney General, that the admission of 
        the alien would further important United States law enforcement 
        objectives.
    (d) 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.
    (e) Exception Relating to Importation of Goods.--
            (1) In general.--The authorities and requirements to impose 
        sanctions authorized under this Act shall not include the 
        authority or a requirement to impose sanctions on the 
        importation of goods.
            (2) Good defined.--In this paragraph, the term ``good'' 
        means any article, natural or manmade substance, material, 
        supply or manufactured product, including inspection and test 
        equipment, and excluding technical data.
    (f) Definitions.--In this section:
            (1) Admission; admitted; alien; lawfully admitted for 
        permanent residence; national.--The terms ``admission'', 
        ``admitted'', ``alien'', ``lawfully admitted for permanent 
        residence'', and ``national'' have the meanings given those 
        terms in section 101 of the Immigration and Nationality Act (8 
        U.S.C. 1101).
            (2) Entity.--The term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or other organization.
            (3) Financial institution.--The term ``financial 
        institution'' includes--
                    (A) a depository institution (as defined in section 
                3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. 
                1813(c)(1))), including a branch or agency of a foreign 
                bank (as defined in section 1(b)(7) of the 
                International Banking Act of 1978 (12 U.S.C. 3101(7)));
                    (B) a credit union;
                    (C) a securities firm, including a broker or 
                dealer;
                    (D) an insurance company, including an agency or 
                underwriter; and
                    (E) any other entity that provides financial 
                services.
            (4) Knowingly; knows.--The terms ``knowingly'' and 
        ``knows'', with respect to conduct, a circumstance, or a 
        result, means that a person has actual knowledge, or should 
        have known, of the conduct, the circumstance, or the result.
            (5) Means of production.--The terms ``means of production'' 
        includes any activities or transactions involving any 
        equipment, chemical, product, or material that may be used, 
        directly or indirectly, in the manufacture of illicit drugs or 
        precursor chemicals.
            (6) Person.--The term ``person'' means an individual or 
        entity.
            (7) Proliferation of illicit drugs.--The term 
        ``proliferation of illicit drugs'' means any illicit activity 
        to produce, manufacture, distribute, sell, or knowingly finance 
        or transport narcotic drugs, controlled substances, listed 
        chemicals, or controlled substance analogues, as defined in 
        section 102 of the Controlled Substances Act (21 U.S.C. 802).
            (8) Sanctioned person.--The term ``sanctioned person'' 
        means any person with respect to which sanctions are imposed 
        under this section.
            (9) United states financial institution.--The term ``United 
        States financial institution'' means a financial institution 
        (including its foreign branches)--
                    (A) organized under the laws of the United States 
                or of any jurisdiction within the United States; or
                    (B) located in the United States.
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