H.R. 3203 — what changed

added It is the sense of Congress that the Government of the People’s Republic of China should—

removed “(A) means any foreign person”

removed “(B) includes—

removed “(i) any entity of the People’s Republic of China that the President determines—

removed “(I) produces, manufactures, distributes, sells, or knowingly finances or transports any goods described in clause (i) or (ii) of paragraph (8)(A); and

removed “(II) fails to take credible steps, including through implementation of appropriate know-your-customer procedures or through cooperation with United States counternarcotics efforts, to detect or prevent opioid trafficking; and

removed “(ii) any senior official of the Government of the People’s Republic of China or other Chinese political official that—

removed “(I) has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); or

removed “(II) otherwise fails to take credible steps to combat foreign opioid traffickers.”

removed “(d) Periodic evaluation

removed “(1) In general—If the authority granted to the President under this section is exercised with respect to a covered national emergency, the President shall transmit to the appropriate congressional committees, not less frequently than annually, a periodic evaluation in writing that—

removed “(A) assesses the effectiveness of the exercise of such authority in resolving the covered national emergency;

removed “(B) considers the views of public- and private-sector stakeholders; and

removed “(C) discusses any potential changes to the exercise of the authority for the purpose of more effectively resolving the covered national emergency.

removed “(2) Definitions—In this subsection—

removed “(A) the term “appropriate congressional committees” means—

removed “(i) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

removed “(ii) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

removed “(B) the term “covered national emergency” means a national emergency that—

removed “(i) the President declared two or more years prior to the exercise of any authority granted to the President under this section with respect to such national emergency; and

removed “(ii) has not terminated.”

added “(A) means any foreign person”

removed “(e) Appropriate congressional committees defined—In this section, the term “appropriate congressional committees” has the meaning given that term in section 203(d)(2).”

removed “(b) In issuing regulations under subsection (a), the President shall—

removed “(1) consider the costs and benefits of available statutory and regulatory alternatives;

removed “(2) evaluate the costs and benefits for the purpose of expeditiously resolving the applicable national emergency;

removed “(3) establish criteria for the eventual termination of the applicable national emergency; and

removed “(4) include in the basis and purpose incorporated in the regulations—

removed “(A) an explanation of how the regulations will resolve the applicable national emergency; and

removed “(B) a discussion of the costs and benefits.”

changed “(d) Statute of limitations“(B) includes—

changed “(1) Civil penalty—An action, suit, or proceeding for the enforcement of “(i) any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within 10 years from the latest date entity of the violation upon which People’s Republic of China that the civil fine, penalty, or forfeiture is based.President determines—

changed “(2) Criminal penalty—No person shall be prosecuted, tried, “(I) produces, manufactures, distributes, sells, or punished for knowingly finances or transports any offense under this section unless the indictment is found goods described in clause (i) or the information is instituted within 10 years from the latest date (ii) of the violation upon which the indictment or information is based.”paragraph (8)(A); and

added “(II) fails to take credible steps, including through implementation of appropriate know-your-customer procedures or through cooperation with United States counternarcotics efforts, to detect or prevent opioid trafficking; and

added “(ii) any senior official of the Government of the People’s Republic of China or other Chinese political official that—

added “(I) has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); and

added “(II) aids and abets, including through intentional inaction, opioid trafficking.”

removed “(d) Statute of limitations

removed “(1) Criminal penalty—No person shall be prosecuted, tried, or punished for any offense under this section unless the indictment is found or the information is instituted within 10 years from the latest date of the violation upon which the indictment or information is based.

removed “(2) Civil penalty—An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within 10 years from the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.”