[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.

                          ____________________