[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2705-S2706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 591. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place title X, insert the following:

 Subtitle ___--Strengthening Sanctions on Fentanyl Traffickers Act of 
                                  2023

     SEC. ___. SHORT TITLE.

       This subtitle may be cited as the ``Strengthening Sanctions 
     on Fentanyl Traffickers Act of 2023''.

     SEC. ___. 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. ___. 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. ___. 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:

[[Page S2706]]

       (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.
                                 ______