[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.
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