H.R. 1779 — Introduced in House

I 118th CONGRESS 1st Session H. R. 1779 IN THE HOUSE OF REPRESENTATIVES March 24, 2023Mr. Moran 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 direct the President to impose sanctions against foreign persons determined to have knowingly engaged in significant corruption in Mexico, and for other purposes. 1. Imposition of sanctions (a) Imposition of sanctions The President shall impose the sanctions described in subsection (b) with respect to any foreign person that the President determines has, on or after the date of the enactment of this Act, knowingly engaged in significant corruption in Mexico, including through the following acts: (1) Corruption related to government contracts. (2) Bribery or extortion. (3) The transfer, or the facilitation of the transfer, of the proceeds of corruption, including through money laundering. (4) Acts of violence, harassment, or intimidation directed at governmental or nongovernmental corruption investigators. (5) The facilitation of, or involvement in, the production, sale, or distribution of illicit fentanyl or fentanyl analogs. (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking 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.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person if such property or 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. (B) Ineligibility for visas and admission to the United States In the case of a foreign person who is an individual, such foreign person 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.). (C) Current visas revoked (i) In general The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to a foreign person regardless of when the visa or other entry documentation is issued. (ii) Effect of revocation A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the possession of the foreign person. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out such paragraph shall be subject to the penalties specified 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 such section. (3) Exception to comply with international obligations Sanctions under subparagraph (B) and (C) of paragraph (1) shall not apply with respect to a foreign person if admitting or paroling such person 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. (c) Implementation; regulatory authority (1) 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. (2) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (d) National security waiver The President may waive, on a case-by-case basis, the application of a sanction under subsection (b) with respect to a foreign person if the President— (1) determines that such a waiver is in the national security interest of the United States; and (2) submits to the appropriate congressional committees a notice of and justification for the waiver. (e) Termination The authority to impose sanctions under subsection (b), and any sanctions imposed pursuant to such authority, shall expire on the date that is 3 years after the date of the enactment of this Act. (f) Exception relating to importation of goods The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (g) Reports required (1) Reports Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees a report that identifies each foreign person in Mexico who the President determines to have knowingly engaged in actions that facilitate the illicit production, distribution, or sale of illicit fentanyl or fentanyl analogs, including through the acts listed in paragraphs (1) through (5) of subsection (a). (2) Form Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (h) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Fentanyl analog The term fentanyl analog means a controlled substance analogue (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) of fentanyl. (3) Foreign person The term foreign person means any person that is not a United States person. (4) Good The term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (5) United States person The term United States person means, with respect to a person who is an individual, a United States citizen or an alien lawfully admitted for permanent residence to the United States.