,,ii #aahth ,,congress #ast ,session ,s4 #abga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #be1 #bjbc,mr4 ,scott of ,south ,carolina 7for himself1 ,mr4 ,brown1 ,mr4 ,wicker1 and ,mr4 ,reed7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to impose sanctions with respect to trafficking of illicit fentanyl and its precursors by transnational criminal organizations1 including cartels1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fentanyl ,eradication and ,narcotics ,deterrence ,off ,fentanyl ,act or the ,,fend ,off ,fentanyl ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,definitions4,,title ,i--,sanctions ,matters,subtitle ,a--,sanctions in ,response to ,national ,emergency relating to ,fentanyl ,trafficking,sec4 #aja4 ,finding2 policy4,sec4 #ajb4 ,use of national emergency authorities2 reporting4,sec4 #ajc4 ,codification of ,executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade4,sec4 #ajd4 ,imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations4,sec4 #aje4 ,penalties2 waivers2 exceptions4,sec4 #ajf4 ,treatment of blocked property of transnational criminal organizations4,subtitle ,b--,other ,matters,sec4 #aaa4 ,eight-year statute of limitations for violations of sanctions4,sec4 #aab4 ,repeal of prohibition on imposition of sanctions with respect to importation of goods under ,fentanyl ,sanctions ,act4,sec4 #aac4 ,classified report and briefing on staffing of ,office of ,foreign ,assets ,control4,sec4 #aad4 ,report on drug transportation routes and use of vessels with mislabeled cargo4,,title ,,ii--,anti-,money ,laundering ,matters,sec4 #bja4 ,designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern4,sec4 #bjb4 ,treatment of transnational criminal organizations in suspicious transactions reports of the ,financial ,crimes ,enforcement ,network4,sec4 #bjc4 ,report on trade-based money laundering in trade with ,mexico1 the ,people's ,republic of ,china1 and ,burma4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the proliferation of fentanyl is causing an unprecedented surge in overdose deaths in the ,united ,states1 fracturing families and communities1 and necessitating a comprehensive policy response to combat its lethal flow and to mitigate the drug's devastating consequences2 7#b7 the trafficking of fentanyl into the ,united ,states is a national security threat that has killed hundreds of thousands of ,united ,states citizens2 7#c7 transnational criminal organizations1 including cartels primarily based in ,mexico1 are the main purveyors of fentanyl into the ,united ,states and must be held accountable2 7#d7 precursor chemicals sourced from the ,people's ,republic of ,china are-- 7,a7 shipped from the ,people's ,republic of ,china by legitimate and illegitimate means2 7,b7 transformed through various synthetic processes to produce different forms of fentanyl2 and 7,c7 crucial to the production of illicit fentanyl by transnational criminal organizations1 contributing to the ongoing opioid crisis2 7#e7 the ,united ,states ,government must remain vigilant to address all new forms of fentanyl precursors and drugs used in combination with fentanyl1 such as ,xylazine1 which attribute to overdose deaths of people in the ,united ,states2 7#f7 to increase the cost of fentanyl trafficking1 the ,united ,states ,government should work collaboratively across agencies and should surge analytic capability to impose sanctions and other remedies with respect to transnational criminal organizations 7including cartels71 including foreign nationals who facilitate the trade in illicit fentanyl and its precursors from the ,people's ,republic of ,china and such organizations2 and 7#g7 the ,department of the ,treasury should focus on fentanyl trafficking and its facilitators as one of the top national security priorities for the ,department4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,foreign person ,the term foreign person-- 7,a7 means-- 7i7 any citizen or national of a foreign country2 or 7ii7 any entity not organized under the laws of the ,united ,states or a jurisdiction within the ,united ,states2 and 7,b7 does not include the government of a foreign country4 7#c7 ,knowingly ,the term knowingly1 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#d7 ,trafficking ,the term trafficking1 with respect to fentanyl1 fentanyl precursors1 or other related opioids1 has the meaning given the term opioid trafficking in section #gbjc of the ,fentanyl ,sanctions ,act 7#ba ,u4,s4,c4 #bcjb74 7#e7 ,transnational criminal organization ,the term transnational criminal organization includes-- 7,a7 any organization designated as a significant transnational criminal organization under part #eij of title #ca1 ,code of ,federal ,regulations2 7,b7 any of the organizations known as-- 7i7 the ,sinaloa ,cartel2 7ii7 the ,jalisco ,new ,generation ,cartel2 7iii7 the ,gulf ,cartel2 7iv7 the ,los ,zetas ,cartel2 7v7 the ,juarez ,cartel2 7vi7 the ,tijuana ,cartel2 7vii7 the ,beltran-,leyva ,cartel2 7viii7 ,la ,familia ,michoacana1 also known as the ,knights ,templar ,cartel2 or 7ix7 ,la ,nueva ,familia ,michoacan2 7,c7 any other organization that the ,president determines is a transnational criminal organization2 or 7,d7 any successor organization to an organization described in subparagraph 7,b7 or as otherwise determined by the ,president4 7#f7 ,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 ,i ,sanctions ,matters ,a ,sanctions in ,response to ,national ,emergency relating to ,fentanyl ,trafficking #aja4 ,finding2 policy 7a7 ,finding ,congress finds that international trafficking of fentanyl1 fentanyl precursors1 or other related opioids constitutes an unusual and extraordinary threat to the national security1 foreign policy1 and economy of the ,united ,states1 and is a national emergency4 7b7 ,policy ,it shall be the policy of the ,united ,states to apply economic and other financial sanctions to those who engage in the international trafficking of fentanyl1 fentanyl precursors1 or other related opioids to protect the national security1 foreign policy1 and economy of the ,united ,states4 #ajb4 ,use of national emergency authorities2 reporting 7a7 ,in general ,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 subtitle4 7b7 ,report required 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report on actions taken by the executive branch pursuant to this subtitle and any national emergency declared with respect to the trafficking of fentanyl1 including-- 7,a7 the issuance of any new or revised regulations1 policies1 or guidance2 7,b7 the imposition of sanctions2 7,c7 the collection of relevant information from outside parties2 7,d7 the approval or denial of licenses by the ,office of ,foreign ,assets ,control2 7,e7 the initiation of enforcement cases2 or 7,f7 the implementation of mitigation procedures4 7#b7 ,form of report ,each report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include the matters required by subparagraphs 7,c71 7,d71 7,e71 and 7,f7 of that paragraph in a classified annex4 #ajc4 ,codification of ,executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade ,united ,states sanctions provided for in ,executive ,order #adjei 7#ej ,u4,s4,c4 #agja note2 relating to imposing sanctions on foreign persons involved in the global illicit drug trade71 and any amendments to or directives issued pursuant to such ,executive orders before the date of the enactment of this ,act1 shall remain in effect4 #ajd4 ,imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations 7a7 ,in general ,the ,president shall impose the sanctions described in subsection 7b7 with respect to any foreign person the ,president determines-- 7#a7 is knowingly involved in the significant trafficking of fentanyl1 fentanyl precursors1 or other related opioids by a transnational criminal organization2 or 7#b7 otherwise is knowingly involved in significant activities of a transnational criminal organization relating to the trafficking of fentanyl1 fentanyl precursors1 or other related opioids4 7b7 ,sanctions described ,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 a foreign person described in subsection 7a7 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 7c7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report on actions taken by the executive branch with respect to the foreign persons identified under subsection 7a74 #aje4 ,penalties2 waivers2 exceptions 7a7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this subtitle or any regulation1 license1 or order issued to carry out this subtitle 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 7b7 ,waiver authority 7#a7 ,in general ,the ,president may waive the imposition of sanctions under this subtitle if the ,president determines1 and reports to the appropriate congressional committees1 that-- 7,a7 the waiver is needed for humanitarian purposes2 or 7,b7 the national emergency described in section #aja has ended4 7#b7 ,national security waiver ,the ,president may waive the application of sanctions under this subtitle with respect to a foreign person if the ,president determines that the waiver is in the national security interest of the ,united ,states4 7c7 ,exceptions 7#a7 ,exception for intelligence activities ,this subtitle shall not apply with respect to activities subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#b7 ,exception for compliance with international obligations and law enforcement activities ,sanctions under section #ajb7;c7 shall not apply with respect to an alien if admitting or paroling the alien into the ,united ,states is necessary-- 7,a7 to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success on ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states2 or 7,b7 to carry out or assist law enforcement activity of the ,united ,states4 7#c7 ,exception to comply with ,,usmca ,sanctions under this subtitle shall not apply in a case in which such sanctions would conflict with provisions of the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb774 7#d7 ,humanitarian exemption ,the ,president may not impose sanctions under this subtitle with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities1 food1 medicine1 or medical devices or for the provision of humanitarian assistance4 #ajf4 ,treatment of blocked property of transnational criminal organizations 7a7 ,transfer of blocked property to forfeiture funds 7#a7 ,in general ,the ,president may transfer the proceeds of any covered forfeited property to the ,department of the ,treasury ,forfeiture ,fund established under section #igje of title #ca1 ,united ,states ,code1 or the ,department of ,justice ,assets ,forfeiture ,fund established under section #ebd7;c7 of title #bh1 ,united ,states ,code4 7#b7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,president shall submit to the appropriate congressional committees a report on any transfers made under paragraph 7#a7 during the #ahj-;day period preceding submission of the report4 7#c7 ,covered forfeited property defined ,in this subsection1 the term covered forfeited property means property-- 7,a7 seized by the ,department of ,justice under chapter #df or section #aifc of title #ah1 ,united ,states ,code2 and 7,b7 that belonged to or was possessed by a transnational criminal organization subject to sanctions under-- 7i7 this subtitle2 7ii7 the ,fentanyl ,sanctions ,act 7#ba ,u4,s4,c4 #bcja et seq472 or 7iii7 ,executive ,order #adjei 7#ej ,u4,s4,c4 #agja note2 relating to imposing sanctions on foreign persons involved in the global illicit drug trade74 7b7 ,blocked assets under ,terrorism ,risk ,insurance ,act of #bjjb ,nothing in this subtitle affects the treatment of blocked assets of a terrorist party described in subsection 7a7 of section #bja of the ,terrorism ,risk ,insurance ,act of #bjjb 7#bh ,u4,s4,c4 #afaj note74 ,b ,other ,matters #aaa4 ,eight-year statute of limitations for violations of sanctions 7a7 ,international ,emergency ,economic ,powers ,act ,section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 is amended by adding at the end the following3 7d7 ,statute of limitations 7#a7 ,time for commencing proceedings 7,a7 ,in general ,an action1 suit1 or proceeding for the enforcement of any civil fine1 penalty1 or forfeiture1 pecuniary or otherwise1 under this section shall not be entertained unless commenced within eight years after the latest date of the violation upon which the civil fine1 penalty1 or forfeiture is based4 7,b7 ,commencement ,for purposes of this paragraph1 the commencement of an action1 suit1 or proceeding includes the issuance of a pre-penalty notice or finding of violation4 7#b7 ,time for indictment ,no person shall be prosecuted1 tried1 or punished for any offense under subsection 7c7 unless the indictment is found or the information is instituted within eight years after the latest date of the violation upon which the indictment or information is based4 4 7b7 ,trading with the ,enemy ,act ,section #af of the ,trading with the ,enemy ,act 7#ej ,u4,s4,c4 #dcae7 is amended by adding at the end the following3 7d7 ,statute of limitations 7#a7 ,time for commencing proceedings 7,a7 ,in general ,an action1 suit1 or proceeding for the enforcement of any civil fine1 penalty1 or forfeiture1 pecuniary or otherwise1 under this section shall not be entertained unless commenced within eight years after the latest date of the violation upon which the civil fine1 penalty1 or forfeiture is based4 7,b7 ,commencement ,for purposes of this paragraph1 the commencement of an action1 suit1 or proceeding includes the issuance of a pre-penalty notice or finding of violation4 7#b7 ,time for indictment ,no person shall be prosecuted1 tried1 or punished for any offense under subsection 7a7 unless the indictment is found or the information is instituted within eight years after the latest date of the violation upon which the indictment or information is based4 4 #aab4 ,repeal of prohibition on imposition of sanctions with respect to importation of goods under ,fentanyl ,sanctions ,act ,section #gbce of the ,fentanyl ,sanctions ,act 7#ba ,u4,s4,c4 #bcce7 is repealed4 #aac4 ,classified report and briefing on staffing of ,office of ,foreign ,assets ,control ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,office of ,foreign ,assets ,control shall provide to the appropriate congressional committees a classified report and briefing on the staffing of the ,office of ,foreign ,assets ,control1 disaggregated by staffing dedicated to each sanctions program and each country or issue4 #aad4 ,report on drug transportation routes and use of vessels with mislabeled cargo ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury1 in conjunction with the heads of other relevant ,federal agencies1 shall provide to the appropriate congressional committees a classified report and briefing on efforts to target drug transportation routes and modalities1 including an assessment of the prevalence of false cargo labeling and shipment of precursor chemicals without accurate tracking of the customers purchasing the chemicals4 ,,ii ,anti-,money ,laundering ,matters #bja4 ,designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern ,subtitle ,a of the ,fentanyl ,sanctions ,act 7#ba ,u4,s4,c4 #bcaa et seq47 is amended by inserting after section #gbac the following3 #gbac;,a4 ,designation of transactions of sanctioned persons as of primary money laundering concern 7a7 ,in general ,if the ,secretary of the ,treasury determines that reasonable grounds exist for concluding that one or more classes of transactions within1 or involving1 a jurisdiction outside of the ,united ,states is of primary money laundering concern in connection with illicit opioid trafficking1 the ,secretary of the ,treasury may1 by order1 regulation1 or otherwise as permitted by law-- 7#a7 require domestic financial institutions and domestic financial agencies to take #a or more of the special measures provided for in section #igad7;a77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #ca ,u4,s4,c4 #ecah;,a note72 and 7#b7 prohibit1 or impose conditions upon1 certain transmittals of funds 7to be defined by the ,secretary7 by any domestic financial institution or domestic financial agency1 if such transmittal of funds involves any such class of transactions4 7b7 ,classified information ,in any judicial review of a finding of the existence of a primary money laundering concern1 or of the requirement for #a or more special measures with respect to a primary money laundering concern made under this section1 if the designation or imposition1 or both1 were based on classified information 7as defined in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app4771 such information may be submitted by the ,secretary to the reviewing court ex parte and in camera4 ,this subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section4 7c7 ,availability of information ,the exemptions from1 and prohibitions on1 search and disclosure referred to in section #igad7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #ca ,u4,s4,c4 #ecah;,a note7 shall apply to any report or record of report filed pursuant to a requirement imposed under subsection 7a74 ,for purposes of section #eeb of title #e1 ,united ,states ,code1 this section shall be considered a statute described in subsection 7b77#c77;,b7 of that section4 7d7 ,penalties ,the penalties referred to in section #igad7;d7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #ca ,u4,s4,c4 #ecah;,a note7 shall apply to violations of any order1 regulation1 special measure1 or other requirement imposed under subsection 7a71 in the same manner and to the same extent as described in such section #igad7;d74 7e7 ,injunctions ,the ,secretary of the ,treasury may bring a civil action to enjoin a violation of any order1 regulation1 special measure1 or other requirement imposed under subsection 7a7 in the same manner and to the same extent as described in section #igad7;e7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #ca ,u4,s4,c4 #ecah;,a note74 7f7 ,definitions ,in this section1 the terms domestic financial agency1 domestic financial institution1 financial agency1 and financial institution have the meanings given those terms as used in section #igad of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #ca ,u4,s4,c4 #ecah;,a note74 4 #bjb4 ,treatment of transnational criminal organizations in suspicious transactions reports of the ,financial ,crimes ,enforcement ,network 7a7 ,filing instructions ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,financial ,crimes ,enforcement ,network shall issue guidance or instructions to ,united ,states financial institutions for filing reports on suspicious transactions required by section #ajaj4cbj of title #ca1 ,code of ,federal ,regulations1 related to suspected fentanyl trafficking by transnational criminal organizations4 7b7 ,prioritization of reports relating to fentanyl trafficking or transnational criminal organizations ,the ,director shall prioritize research into reports described in subsection 7a7 that indicate a connection to trafficking of fentanyl or related synthetic opioids or financing of suspected transnational criminal organizations4 #bjc4 ,report on trade-based money laundering in trade with ,mexico1 the ,people's ,republic of ,china1 and ,burma ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall submit to the appropriate congressional committees a report on trade-based money laundering originating in ,mexico or the ,people's ,republic of ,china and involving ,burma4