,,ii #aahth ,,congress #ast ,session ,s4 #afhi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjbc,mr4 ,murphy 7for himself and ,mr4 ,hagerty7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to prioritize efforts of the ,department of ,state to combat international trafficking in precursor chemicals and covered synthetic drugs with the ,government of ,mexico1 to provide for the imposition of sanctions with respect to persons of the ,people's ,republic of ,china contributing to international proliferation of illicit drugs or their means of production1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,combatting ,fentanyl ,trafficking from ,china and ,mexico ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,controlled substance2 controlled substance analogue ,the terms controlled substance and controlled substance analogue have the meanings given those terms in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#b7 ,covered synthetic drug ,the term covered synthetic drug means-- 7,a7 a synthetic controlled substance or synthetic controlled substance analogue1 including fentanyl or a fentanyl analogue2 or 7,b7 a new psychoactive substance4 7#c7 ,major drug-transit country2 major illicit drug producing country ,the terms major drug-transit country and major illicit drug producing country have the meanings given those terms in section #dha7;e7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbia7;e774 7#d7 ,new psychoactive substance ,the term new psychoactive substance means a substance of abuse1 or any preparation thereof1 that-- 7,a7 is not-- 7i7 included in any schedule as a controlled substance under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq472 or 7ii7 controlled by the ,single ,convention on ,narcotic ,drugs1 done at ,new ,york ,march #cj1 #aifa1 or the ,convention on ,psychotropic ,substances1 done at ,vienna ,february #ba1 #aiga2 7,b7 is new or has reemerged on the illicit market2 and 7,c7 poses a threat to the public health and safety4 7#e7 ,precursor chemical ,the term precursor chemical has the meaning given the term listed chemical in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 #c4 ,prioritization of efforts of the ,department of ,state to combat international trafficking in precursor chemicals and covered synthetic drugs with the ,government of ,mexico 7a7 ,in general ,the ,secretary of ,state shall prioritize efforts of the ,department of ,state to combat international trafficking of precursor chemicals and covered synthetic drugs by carrying out programs and activities that include the following3 7#a7 ,strengthening law enforcement capabilities1 rule of law1 and other security-related efforts to strengthen counterdrug institutions and initiatives outlined in the ,united ,states-,mexico ,bicentennial ,framework for ,security1 ,public ,health1 and ,safe ,communities and the ,north ,american ,drug ,dialogue4 7#b7 ,strengthening joint bilateral efforts between the ,united ,states and ,mexico to1 among other issues-- 7,a7 combat covered synthetic drugs and the illicit production of other drugs2 7,b7 better understand and reduce demand for drugs in the ,united ,states and ,mexico2 7,c7 increase interdiction of precursor chemicals and covered synthetic drugs2 7,d7 pursue prosecutions of transnational criminal organizations and illicit financing of those organizations2 and 7,e7 reduce the number of illicit firearms crossing the border between the ,united ,states and ,mexico4 7#c7 ,providing technical assistance and equipment1 as appropriate1 to strengthen the capacity of enforcement agencies of the ,government of ,mexico with respect to precursor chemicals and covered synthetic drugs4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on the implementation of this section4 7#b7 ,appropriate congressional committees defined ,in this subsection1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 #d4 ,imposition of sanctions with respect to persons of the ,people's ,republic of ,china contributing to international proliferation of illicit drugs or their means of production 7a7 ,in general ,the ,president may impose any of the sanctions described in subsection 7c7 with respect to a foreign person described in subsection 7b7 that is determined by the ,president-- 7#a7 to have engaged in1 or attempted to engage in1 activities or transactions that have materially contributed to1 or pose a significant risk of materially contributing to1 the international proliferation of illicit drugs or their means of production2 7#b7 to have knowingly received any property or interest in property that the foreign person knows-- 7,a7 constitutes or is derived from proceeds of activities or transactions described in paragraph 7#a72 or 7,b7 was used or intended to be used to commit or to facilitate such activities or transactions2 7#c7 to have provided1 or attempted to provide1 financial1 material1 or technological support for1 or goods or services in support of-- 7,a7 any activity or transaction described in paragraph 7#a72 or 7,b7 any sanctioned person2 7#d7 to be or have been a leader or official of any sanctioned person or of any foreign person described in subsection 7b7 that has engaged in any activity or transaction described in paragraph 7#a72 or 7#e7 to be owned1 controlled1 or directed by1 or to have acted or purported to act for or on behalf of1 directly or indirectly1 any sanctioned person4 7b7 ,foreign persons described ,a foreign person described in this subsection is a foreign person that is-- 7#a7 a citizen or national of the ,people's ,republic of ,china1 including the ,hong ,kong ,special ,administrative ,region2 or 7#b7 an entity organized under the laws of the ,people's ,republic of ,china 7including the ,hong ,kong ,special ,administrative ,region7 or otherwise subject to the jurisdiction of the ,government of the ,people's ,republic of ,china4 7c7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,blocking of property ,the ,president may1 pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,banking transactions ,the ,president may prohibit any transfers of credit or payments between financial institutions or by1 through1 or to any financial institution1 to the extent that such transfers or payments are subject to the jurisdiction of the ,united ,states and involve any interest of the sanctioned person4 7#c7 ,loans from ,united ,states financial institutions ,the ,president may prohibit any ,united ,states financial institution from making loans or providing credit to the sanctioned person4 7#d7 ,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 interest4 7#e7 ,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 person4 7#f7 ,prohibitions on financial institutions ,the ,president may direct that the following prohibitions be imposed with respect to a sanctioned person that is a financial institution3 7,a7 ,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 designate1 or permit the continuation of any prior designation of1 the financial institution as a primary dealer in ,united ,states ,government debt instruments4 7,b7 ,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 funds4 7#g7 ,procurement ban ,the ,president may direct that the ,united ,states ,government may not procure1 or enter into any contract for the procurement of1 any goods or services from the sanctioned person4 7#h7 ,exclusion of corporate officers ,the ,president may direct the ,secretary of ,state to deny a visa to1 and the ,secretary of ,homeland ,security to exclude from the ,united ,states1 any alien that the ,president determines is a leader1 official1 senior executive officer1 or director of1 or a shareholder with a controlling interest in1 the sanctioned person4 7#i7 ,sanctions on principal executive officers ,the ,president may impose on the principal executive officer or officers of the sanctioned person1 or on individuals performing similar functions and with similar authorities as such officer or officers1 any of the sanctions described in paragraphs 7#a7 through 7#h7 that are applicable4 7d7 ,inadmissibility of certain sanctioned persons 7#a7 ,visas1 admission1 or parole ,except as provided by paragraph 7#c71 an alien with respect to whom the ,president imposed sanctions under paragraph 7#a7 or 7#h7 of subsection 7c7 shall be-- 7,a7 inadmissible to the ,united ,states2 7,b7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7,c7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#b7 ,current visas revoked 7,a7 ,in general ,the visa or other entry documentation of any alien described in paragraph 7#a7 is subject to revocation regardless of the date on which the visa or other entry documentation is or was issued4 7,b7 ,immediate effect ,a revocation under subparagraph 7,a7 shall-- 7i7 take effect immediately2 and 7ii7 cancel any other valid visa or entry documentation that is in the possession of the alien4 7#c7 ,exceptions ,paragraphs 7#a7 and 7#b7 shall not apply with respect to the admission of an alien described in paragraph 7#a7 if the ,president determines that the admission of the alien would not be contrary to the interests of the ,united ,states1 including if the ,president determines that the admission of the alien would further important ,united ,states law enforcement objectives4 7e7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7f7 ,definitions ,in this section3 7#a7 ,admission2 admitted2 alien2 lawfully admitted for permanent residence2 national ,the terms admission1 admitted1 alien1 lawfully admitted for permanent residence1 and national have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,entity ,the term entity means a partnership1 association1 trust1 joint venture1 corporation1 group1 subgroup1 or other organization4 7#c7 ,financial institution ,the term financial institution includes-- 7,a7 a depository institution 7as defined in section #c7;c77#a7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7;c77#a7771 including a branch or agency of a foreign bank 7as defined in section #a7;b77#g7 of the ,international ,banking ,act of #aigh 7#ab ,u4,s4,c4 #caja7g7772 7,b7 a credit union2 7,c7 a securities firm1 including a broker or dealer2 7,d7 an insurance company1 including an agency or underwriter2 and 7,e7 any other entity that provides financial services4 7#d7 ,foreign person ,the term foreign person means-- 7,a7 any citizen or national of a foreign country 7including any such individual who is also a citizen or national of the ,united ,states1 if the individual does not reside in the ,united ,states72 or 7,b7 any entity not organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states4 7#e7 ,knowingly2 knows ,the terms knowingly and knows1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#f7 ,means of production ,the terms means of production includes any activities or transactions involving any equipment1 chemical1 product1 or material that may be used1 directly or indirectly1 in the manufacture of illicit drugs or precursor chemicals4 7#g7 ,person ,the term person means an individual or entity4 7#h7 ,proliferation of illicit drugs ,the term proliferation of illicit drugs means any illicit activity to produce1 manufacture1 distribute1 sell1 or knowingly finance or transport narcotic drugs1 controlled substances1 listed chemicals1 or controlled substance analogues1 as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#i7 ,sanctioned person ,the term sanctioned person means any person with respect to which sanctions are imposed under this section4 7#aj7 ,united ,states financial institution ,the term ,united ,states financial institution means a financial institution 7including its foreign branches7-- 7,a7 organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states2 or 7,b7 located in the ,united ,states4 7#aa7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 #e4 ,authorization to terminate certain sanctions and export control measures if the ,government of the ,people's ,republic of ,china takes certain counternarcotics measures 7a7 ,in general ,if the ,president makes the determination described in subsection 7b71 the ,president may-- 7#a7 terminate the application of sanctions imposed with respect to persons of the ,people's ,republic of ,china under section #b or ,executive ,order #adjei 7#ej ,u4,s4,c4 #agja note2 relating to imposing sanctions on foreign persons involved in the global illicit drug trade72 and 7#b7 remove such persons from the ,entity ,list maintained by the ,bureau of ,industry and ,security of the ,department of ,commerce and set forth in ,supplement ,no4 #d to part #gdd of title #ad1 ,code of ,federal ,regulations4 7b7 ,certification described ,a determination described in this subsection is a determination that1 during the #ab months preceding the determination1 the ,government of the ,people's ,republic of ,china made substantial efforts-- 7#a7 to adhere to its obligations under international counternarcotics agreements2 and 7#b7 to take the counternarcotics measures described in section #dhi7;a77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbia;h7a77#a774 7c7 ,person of the ,people's ,republic of ,china defined ,in this section1 the term person of the ,people's ,republic of ,china means-- 7#a7 an individual who is a citizen or national of the ,people's ,republic of ,china2 or 7#b7 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 ,china4 #f4 ,reports on airports1 ports1 and ,states in ,mexico that are major transit sites for precursor chemicals or covered synthetic drugs 7a7 ,reports ,not later than #ij days after any date on which the ,president identifies ,mexico as a major drug-transit country or major illicit drug producing country under section #gjf7a7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,year #bjjc 7#bb ,u4,s4,c4 #bbia;j-#a7a771 the ,president shall submit to the appropriate congressional committees a report identifying-- 7#a7 each airport and maritime port in ,mexico that serves as a major transit site or major producing site of precursor chemicals or covered synthetic drugs2 and 7#b7 each ,state in ,mexico that serves as a major transit ,state or major producing ,state of precursor chemicals or covered synthetic drugs4 7b7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 #g4 ,authorization of appropriations 7a7 ,in general 7#a7 ,international ,narcotics and ,law ,enforcement ,there is authorized to be appropriated to the ,secretary of ,state1 for each of fiscal years #bjbd through #bjbg1 #ajj1jjj1jjj for ,international ,narcotics and ,law ,enforcement for ,mexico4 7#b7 ,gun trafficking ,there is authorized to be appropriated to ,u4,s4 ,customs and ,border ,protection1 for each of fiscal years #bjbd through #bjbg1 in addition to amounts otherwise made available for such purposes1 #ej1jjj1jjj1 which shall be used-- 7,a7 to interdict the outbound flow of smuggled firearms and illicit currency that facilitate the activities of transnational criminal organizations2 and 7,b7 to increase the number of weapons and the amount of currency being seized from individuals attempting to smuggle such firearms and currency from the ,united ,states to ,mexico4 7#c7 ,transnational ,criminal ,investigative ,unit ,there is authorized to be appropriated to the ,homeland ,security ,investigations1 for the period of fiscal years #bjbd through #bjbg1 #b1ejj1jjj1 which shall be used to pay vetted members of a ,transnational ,criminal ,investigative ,unit in ,mexico a monetary stipend in accordance with section #hij;,c7d7 of the ,homeland ,security ,act of #bjbb 7#f ,u4,s4,c4 #dge7;d771 as added by the ,transnational ,criminal ,investigative ,unit ,stipend ,act 7section #gaje of ,public ,law #aag-bfc74 7b7 ,limitation on use of funds ,none of the amounts authorized to be appropriated under subsection 7a7 may be obligated or expended until the ,secretary of ,state certifies and reports to ,congress that the ,government of ,mexico is taking sustained and effective steps-- 7#a7 to increase bilateral law enforcement cooperation with the ,united ,states to counter precursor chemicals and covered synthetic drugs1 including steps-- 7,a7 to identify laboratories of covered synthetic drugs and illicit production sites of those drugs2 7,b7 to identify routes used to transit precursor chemicals and covered synthetic drugs2 7,c7 to increase interdiction of precursor chemicals and covered synthetic drugs2 7,d7 to share samples of seized precursor chemicals and covered synthetic drugs2 and 7,e7 to pursue prosecutions of transnational criminal organizations and illicit financing of those organizations2 and 7#b7 to increase cooperation in multilateral fora to address precursor chemicals and covered synthetic drugs1 including-- 7,a7 the ,united ,nations ,commission on ,narcotic ,drugs2 7,b7 the ,world ,health ,organization ,expert ,committee on ,drug ,dependence2 7,c7 the ,international ,narcotics ,control ,board2 and 7,d7 the ,united ,nations ,office on ,drugs and ,crime4