[Congressional Record Volume 170, Number 66 (Tuesday, April 16, 2024)]
[House]
[Pages H2419-H2421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ILLICIT CAPTAGON TRAFFICKING SUPPRESSION ACT OF 2023
Mr. MORAN. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4681) to provide for the imposition of sanctions with respect to
illicit captagon trafficking, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4681
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--
[[Page H2420]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Moran) and the gentleman from New York (Mr. Meeks) each will
control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. MORAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. MORAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this important bipartisan
legislation to combat the illicit captagon trade, and I thank the
gentleman from Arkansas (Mr. Hill) for introducing it.
In recent years, captagon, a highly addictive amphetamine-type
stimulant drug, has flooded the Middle East. Captagon makes its users
aggressive and dangerous, increasing their capacity to commit crimes
and acts of violence.
In recent years, we have seen a sudden, drastic rise in captagon
smuggling and usage throughout the Middle East. The brutal Iran-backed
Assad regime in Syria is one of the main producers of captagon in the
region. These war criminals are using narcotrafficking to evade global
sanctions and fund their atrocities.
Since 2011, hundreds of thousands of innocent civilians have died
because of the Assad regime's unrelenting brutality. This is a regime
that, with the support of Russia, Iran, and Hezbollah, tortures men,
women, and children on an unthinkable scale. The Assad regime has
repeatedly used chemical weapons against the Syrian people.
In response to these crimes, the United States and many of our
partners imposed overwhelming sanctions on the Assad regime, but the
Assad regime found a workaround in the illicit drug trade. They are
further destabilizing the Middle East by flooding our partner countries
with drugs, and they are using the profits to stay afloat, despite our
existing sanctions.
That is why the legislation we are considering today is so important.
It provides updated sanctions authorities to make sure we are cutting
off all forms of financing used by the Assad regime and its criminal
associates.
This legislation would impose sanctions on anyone engaged in the
production or proliferation of captagon, and it requires a report on
whether Syrian and Hezbollah leaders should be sanctioned under this
bill.
We must act now to cut off the financial lifeline that the illicit
production of captagon provides the Assad regime.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, March 20, 2024.
Hon. Michael McCaul,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Chairman McCaul: I write regarding H.R. 4681, the
Illicit Captagon Trafficking Suppression Act of 2023.
Provisions of this bill fall within the Judiciary Committee's
Rule X jurisdiction, and I appreciate that you consulted with
us on those provisions. The Judiciary Committee agrees that
it shall be discharged from further consideration of the bill
so that it may proceed expeditiously to the House floor.
The Committee takes this action with the understanding that
forgoing further consideration of this measure does not in
any way alter the Committee's jurisdiction or waive any
future jurisdictional claim over these provisions or their
subject matter. We also reserve the right to seek appointment
of an appropriate number of conferees in the event of a
conference with the Senate involving this measure or similar
legislation.
I ask that you please include this letter in your
committee's report to accompany this legislation or insert
this letter in the Congressional Record during consideration
of H.R. 4681 on the House floor. I appreciate the cooperative
manner in which our committees have worked on this matter,
and I look forward to working collaboratively in the future
on matters of shared jurisdiction. Thank you for your
attention to this matter.
Sincerely,
Jim Jordan,
Chairman.
____
House of Representatives,
Committee on the Foreign Affairs,
Washington, DC, April 3, 2024.
Hon. Jim Jordan,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Jordan: Thank you for consulting with the
Foreign Affairs Committee and agreeing to be discharged from
further consideration of H.R. 4681, the Illicit Captagon
Trafficking Suppression Act of 2023, so that the measure may
proceed expeditiously to the House floor.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee, or prejudice its jurisdictional prerogatives
on this measure or similar legislation in the future. I would
support your effort to
[[Page H2421]]
seek appointment of an appropriate number of conferees from
your committee to any House-Senate conference on this
legislation.
I will seek to place our letters on this bill into the
Congressional Record during floor consideration. I appreciate
your cooperation regarding this legislation and look forward
to continuing to work together as this measure moves through
the legislative process.
Sincerely,
Michael T. McCaul,
Chairman.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 4681, and I thank my
friend and colleague, Congressman French Hill, for introducing this
measure.
For years, the Assad regime has fueled its brutal and oppressive
campaign against the Syrian people through the revenue of a drug
trafficking network estimated to be worth billions of dollars.
Syria remains the largest producer of captagon, a dangerous and
highly addictive amphetamine popular in the Middle East, and Assad's
regime, affiliates, and criminal networks have used that trade to
enrich themselves and fuel their war machine.
{time} 1445
The Biden administration has taken significant steps to improve our
coordination with allies and partners to interdict and disrupt the
illicit network responsible for distributing captagon, but more can be
done.
This measure builds on previous efforts to mandate sanctions on
individuals and entities responsible for captagon trafficking as well
as congressional reporting mandates to inform this body on what steps
the United States is taking to counter these criminal efforts.
Disrupting Syria's narcotics trade is key to eliminating Assad's
remaining financial lifeline, and this legislation is critical to that
effort.
Mr. Speaker, I encourage all my colleagues to join me in supporting
this measure, and I reserve the balance of my time.
Mr. MORAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Arkansas (Mr. Hill), vice chairman of the Financial
Services Committee, a member of the Foreign Affairs Committee, and the
author of this bill.
Mr. HILL. Mr. Speaker, I thank the gentleman from Texas, and I
certainly thank my good friend from New York, the ranking member of the
House Foreign Affairs Committee, for his collaboration on this bill,
H.R. 4681, the Illicit Captagon Trafficking Suppression Act.
I appreciate Mr. Moskowitz, my partner and collaborator in drafting
this measure. With the help of Mr. McCaul from Texas and Mr. Meeks from
New York, this bill passed the House Foreign Affairs Committee 44-0. It
is a key follow-up to my CAPTAGON Act of 2022, which was enacted into
law as a part of the National Defense Authorization Act of that year.
This measure would further press the Assad regime in Syria by
imposing new sanctions to directly target individuals and networks
associated with the production and trafficking of this dangerous drug,
captagon, and the resulting illicit finance.
This illegal drug trafficking is being orchestrated by Assad's
relatives, leaders in his security forces, and those affiliated with
Iran-backed terror group Hezbollah. These sanctions and a successful
U.S.-led captagon strategy are necessary in order to disrupt the
illicit funds to the Assad regime and Hezbollah.
Mr. Speaker, this drug is exiting Syria by way of Lebanon and the
Syrian ports to the Mediterranean. It has been found in Europe. It has
been found manufactured in Europe. Most of it passes across the land
border in Jordan and finds its way to the Gulf, where it is addicting
citizens in Jordan, it is addicting citizens in the Kingdom of Saudi
Arabia, and that illicit money is fueling terrorism in the region.
For 12 years, Assad, with his terror partners, Iran and Russia, have
murdered and imprisoned Syrians, bombed hospitals, and gassed his own
citizens. Since 2018, narcotic production and trafficking in Syria have
turned Syria and the Assad regime from simply a broken, failed state of
mass murder to a narco-state, with Assad's crimes against his own
citizens expanding to drug trafficking.
If we fail to stop captagon's trade, then the Assad regime will
continue to drive the ongoing conflict in his country, provide a
lifeline to extremist groups, and permit our adversaries such as Iran,
Russia, and China to strengthen their engagement in Syria, posing a
larger threat to Israel and other allies in the region.
To enhance greater stability in the Middle East, the U.S. Government
must continue to work with our allies and partners in the region and in
Europe to increase pressure on stopping the proliferation of this drug.
In 2023, following the State Department's initiation of the U.S.
captagon strategy, I traveled to the region. I visited the area three
times, and captagon was an essential topic on each trip. Everybody I
visited with, from a diplomatic point of view, wanted to talk about the
impact of captagon.
Jordan, Saudi Arabia, and Iraq directly have seen captagon trade
infiltrate their borders. Egypt, Israel, and Turkey all express concern
about the money fueling terrorism.
While I commend the Biden Treasury Department and the United Kingdom
jointly for using Caesar sanctions last spring to sanction individuals
for captagon, it is important we step up our efforts and add specific
targeted sanctions like those contained in this bill for the production
and trafficking of this drug.
This bill is an important component in pushing back against
diplomatic normalization with the Assad regime, pushing back on the
intense terror leadership of Iran in every aspect and conflict in the
region, and standing in full support of our ally Israel.
Mr. Speaker, I encourage my colleagues to support this legislation. I
thank my colleagues on the House Financial Services Committee and
Foreign Affairs Committee for helping bring this bill to the House
floor.
Mr. MEEKS. Mr. Speaker, I yield myself the balance of my time for
closing.
Under the Assad regime, Syria has turned into a narco-state,
utilizing the proceeds from the illicit captagon drug network to fuel
its brutal war on the Syrian people.
This legislation builds on the Biden administration's efforts to
coordinate with our allies and partners to dismantle the captagon trade
network, mandating additional sanctions on individuals and entities
responsible for captagon trafficking, and requires reporting
requirements to the United States Congress on the administration's
efforts.
Mr. Speaker, I urge my colleagues to join me in supporting H.R. 4681,
and I yield back the balance of my time.
Mr. MORAN. Mr. Speaker, I yield myself the balance of my time for
closing.
Mr. Speaker, the captagon threat is new to many of us, but the speed
at which this drug trade has grown in the last few years is alarming.
Creating new sanctions, specific to this drug trade, is necessary to
stem this threat before it can grow even more dangerous. It is also
essential to stopping the cash flow to the Assad regime.
This bipartisan legislation is a key tool in our efforts to counter
the Assad regime and its Russian and Iranian backers.
Mr. Speaker, I urge my colleagues to join me in support of this bill,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Moran) that the House suspend the rules and
pass the bill, H.R. 4681, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MORAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________