I 118THCONGRESS 1 STSESSION H. R. 3333 To impose sanctions with respect to trafficking of illicit fentanyl and its precursors by transnational criminal organizations, including cartels, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY15, 2023 Mr. M CCAUL(for himself, Mr. CUELLAR, and Mrs. CHAVEZ-DEREMER) intro- duced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Ju- diciary, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions with respect to trafficking of illicit fentanyl and its precursors by transnational criminal or- ganizations, including cartels, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) S HORTTITLE.—This Act may be cited as the 4 ‘‘Fentanyl Eradication and Narcotics Deterrence Off 5 Fentanyl Act’’ or the ‘‘FEND Off Fentanyl Act’’. 6 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3333 IH (b) TABLE OFCONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Definitions. TITLE I—SANCTIONS MATTERS Subtitle A—Sanctions in Response to National Emergency Relating to Fentanyl Trafficking Sec. 101. Finding; policy. Sec. 102. Use of national emergency authorities; reporting. Sec. 103. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade. Sec. 104. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations. Sec. 105. Penalties; waivers; exceptions. Sec. 106. Treatment of blocked property of transnational criminal organiza- tions. Subtitle B—Other Matters Sec. 111. Eight-year statute of limitations for violations of sanctions. Sec. 112. Repeal of prohibition on imposition of sanctions with respect to im- portation of goods under Fentanyl Sanctions Act. Sec. 113. Classified report and briefing on staffing of Office of Foreign Assets Control. Sec. 114. Report on drug transportation routes and use of vessels with mis- labeled cargo. TITLE II—ANTI-MONEY LAUNDERING MATTERS Sec. 201. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern. Sec. 202. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Net- work. Sec. 203. Report on trade-based money laundering in trade with Mexico, the People’s Republic of China, and Burma. SEC. 2. SENSE OF CONGRESS. 3 It is the sense of Congress that— 4 (1) the proliferation of fentanyl is causing an 5 unprecedented surge in overdose deaths in the 6 United States, fracturing families and communities, 7 and necessitating a comprehensive policy response to 8 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3333 IH combat its lethal flow and to mitigate the drug’s 1 devastating consequences; 2 (2) the trafficking of fentanyl into the United 3 States is a national security threat that has killed 4 hundreds of thousands of United States citizens; 5 (3) transnational criminal organizations, includ-6 ing cartels primarily based in Mexico, are the main 7 purveyors of fentanyl into the United States and 8 must be held accountable; 9 (4) precursor chemicals sourced from the Peo-10 ple’s Republic of China are— 11 (A) shipped from the People’s Republic of 12 China by legitimate and illegitimate means; 13 (B) transformed through various synthetic 14 processes to produce different forms of 15 fentanyl; and 16 (C) crucial to the production of illicit 17 fentanyl by transnational criminal organiza-18 tions, contributing to the ongoing opioid crisis; 19 (5) the United States Government must remain 20 vigilant to address all new forms of fentanyl precur-21 sors and drugs used in combination with fentanyl, 22 such as Xylazine, which attribute to overdose deaths 23 of people in the United States; 24 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3333 IH (6) to increase the cost of fentanyl trafficking, 1 the United States Government should work collabo-2 ratively across agencies and should surge analytic 3 capability to impose sanctions and other remedies 4 with respect to transnational criminal organizations 5 (including cartels), including foreign nationals who 6 facilitate the trade in illicit fentanyl and its precur-7 sors from the People’s Republic of China and such 8 organizations; and 9 (7) the Department of the Treasury should 10 focus on fentanyl trafficking and its facilitators as 11 one of the top national security priorities for the De-12 partment. 13 SEC. 3. DEFINITIONS. 14 In this Act: 15 (1) A PPROPRIATE CONGRESSIONAL COMMIT -16 TEES.—The term ‘‘appropriate congressional com-17 mittees’’ means— 18 (A) the Committee on Banking, Housing, 19 and Urban Affairs of the Senate; and 20 (B) the Committee on Foreign Affairs and 21 the Committee on Financial Services of the 22 House of Representatives. 23 (2) F OREIGN PERSON.—The term ‘‘foreign per-24 son’’— 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3333 IH (A) means— 1 (i) any citizen or national of a foreign 2 country; or 3 (ii) any entity not organized under the 4 laws of the United States or a jurisdiction 5 within the United States; and 6 (B) does not include the government of a 7 foreign country. 8 (3) K NOWINGLY.—The term ‘‘knowingly’’, with 9 respect to conduct, a circumstance, or a result, 10 means that a person has actual knowledge, or should 11 have known, of the conduct, the circumstance, or the 12 result. 13 (4) T RAFFICKING.—The term ‘‘trafficking’’, 14 with respect to fentanyl, fentanyl precursors, or 15 other related opioids, has the meaning given the 16 term ‘‘opioid trafficking’’ in section 7203 of the 17 Fentanyl Sanctions Act (21 U.S.C. 2302). 18 (5) T RANSNATIONAL CRIMINAL ORGANIZA -19 TION.—The term ‘‘transnational criminal organiza-20 tion’’ includes— 21 (A) any organization designated as a sig-22 nificant transnational criminal organization 23 under part 590 of title 31, Code of Federal 24 Regulations; 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3333 IH (B) any of the organizations known as— 1 (i) the Sinaloa Cartel; 2 (ii) the Jalisco New Generation Car-3 tel; 4 (iii) the Gulf Cartel; 5 (iv) the Los Zetas Cartel; 6 (v) the Juarez Cartel; 7 (vi) the Tijuana Cartel; 8 (vii) the Beltran-Leyva Cartel; 9 (viii) La Familia Michoacana, also 10 known as the Knights Templar Cartel; or 11 (ix) La Nueva Familia Michoacan; 12 (C) any other organization that the Presi-13 dent determines is a transnational criminal or-14 ganization; or 15 (D) any successor organization to an orga-16 nization described in subparagraph (B) or as 17 otherwise determined by the President. 18 (6) U NITED STATES PERSON .—The term 19 ‘‘United States person’’ means— 20 (A) a United States citizen or an alien law-21 fully admitted for permanent residence to the 22 United States; 23 (B) an entity organized under the laws of 24 the United States or of any jurisdiction within 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3333 IH the United States, including a foreign branch of 1 such an entity; or 2 (C) any person in the United States. 3 TITLE I—SANCTIONS MATTERS 4 Subtitle A—Sanctions in Response 5 to National Emergency Relating 6 to Fentanyl Trafficking 7 SEC. 101. FINDING; POLICY. 8 (a) F INDING.—Congress finds that international 9 trafficking of fentanyl, fentanyl precursors, or other re-10 lated opioids constitutes an unusual and extraordinary 11 threat to the national security, foreign policy, and econ-12 omy of the United States, and is a national emergency. 13 (b) P OLICY.—It shall be the policy of the United 14 States to apply economic and other financial sanctions to 15 those who engage in the international trafficking of 16 fentanyl, fentanyl precursors, or other related opioids to 17 protect the national security, foreign policy, and economy 18 of the United States. 19 SEC. 102. USE OF NATIONAL EMERGENCY AUTHORITIES; 20 REPORTING. 21 (a) I NGENERAL.—The President may exercise all 22 authorities provided under sections 203 and 205 of the 23 International Emergency Economic Powers Act (50 24 U.S.C. 1702 and 1704) to carry out this subtitle. 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3333 IH (b) REPORTREQUIRED.— 1 (1) I N GENERAL.—Not later than 180 days 2 after the date of the enactment of this Act, and an-3 nually thereafter, the President shall submit to the 4 appropriate congressional committees a report on ac-5 tions taken by the executive branch pursuant to this 6 subtitle and any national emergency declared with 7 respect to the trafficking of fentanyl, including— 8 (A) the issuance of any new or revised reg-9 ulations, policies, or guidance; 10 (B) the imposition of sanctions; 11 (C) the collection of relevant information 12 from outside parties; 13 (D) the approval or denial of licenses by 14 the Office of Foreign Assets Control; 15 (E) the initiation of enforcement cases; or 16 (F) the implementation of mitigation pro-17 cedures. 18 (2) F ORM OF REPORT.—Each report required 19 by paragraph (1) shall be submitted in unclassified 20 form, but may include the matters required by sub-21 paragraphs (C), (D), (E), and (F) of that paragraph 22 in a classified annex. 23 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3333 IH SEC. 103. CODIFICATION OF EXECUTIVE ORDER IMPOSING 1 SANCTIONS WITH RESPECT TO FOREIGN PER-2 SONS INVOLVED IN GLOBAL ILLICIT DRUG 3 TRADE. 4 United States sanctions provided for in Executive 5 Order 14059 (50 U.S.C. 1701 note; relating to imposing 6 sanctions on foreign persons involved in the global illicit 7 drug trade), and any amendments to or directives issued 8 pursuant to such Executive orders before the date of the 9 enactment of this Act, shall remain in effect. 10 SEC. 104. IMPOSITION OF SANCTIONS WITH RESPECT TO 11 FENTANYL TRAFFICKING BY 12 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 13 (a) I NGENERAL.—The President shall impose the 14 sanctions described in subsection (b) with respect to any 15 foreign person the President determines— 16 (1) is knowingly involved in the significant traf-17 ficking of fentanyl, fentanyl precursors, or other re-18 lated opioids by a transnational criminal organiza-19 tion; or 20 (2) otherwise is knowingly involved in signifi-21 cant activities of a transnational criminal organiza-22 tion relating to the trafficking of fentanyl, fentanyl 23 precursors, or other related opioids. 24 (b) S ANCTIONSDESCRIBED.—The President may, 25 pursuant to the International Emergency Economic Pow-26 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3333 IH ers Act (50 U.S.C. 1701 et seq.), block and prohibit all 1 transactions in property and interests in property of a for-2 eign person described in subsection (a) if such property 3 and interests in property are in the United States, come 4 within the United States, or are or come within the posses-5 sion or control of a United States person. 6 (c) R EPORTREQUIRED.—Not later than 180 days 7 after the date of the enactment of this Act, and annually 8 thereafter, the President shall submit to the appropriate 9 congressional committees a report on actions taken by the 10 executive branch with respect to the foreign persons iden-11 tified under subsection (a). 12 SEC. 105. PENALTIES; WAIVERS; EXCEPTIONS. 13 (a) P ENALTIES.—A person that violates, attempts to 14 violate, conspires to violate, or causes a violation of this 15 subtitle or any regulation, license, or order issued to carry 16 out this subtitle shall be subject to the penalties set forth 17 in subsections (b) and (c) of section 206 of the Inter-18 national Emergency Economic Powers Act (50 U.S.C. 19 1705) to the same extent as a person that commits an 20 unlawful act described in subsection (a) of that section. 21 (b) W AIVERAUTHORITY.— 22 (1) I N GENERAL.—The President may waive 23 the imposition of sanctions under this subtitle if the 24 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3333 IH President determines, and reports to the appropriate 1 congressional committees, that— 2 (A) the waiver is needed for humanitarian 3 purposes; or 4 (B) the national emergency described in 5 section 101 has ended. 6 (2) N ATIONAL SECURITY WAIVER .—The Presi-7 dent may waive the application of sanctions under 8 this subtitle with respect to a foreign person if the 9 President determines that the waiver is in the na-10 tional security interest of the United States. 11 (c) E XCEPTIONS.— 12 (1) E XCEPTION FOR INTELLIGENCE ACTIVI -13 TIES.—This subtitle shall not apply with respect to 14 activities subject to the reporting requirements 15 under title V of the National Security Act of 1947 16 (50 U.S.C. 3091 et seq.) or any authorized intel-17 ligence activities of the United States. 18 (2) E XCEPTION FOR COMPLIANCE WITH INTER -19 NATIONAL OBLIGATIONS AND LAW ENFORCEMENT 20 ACTIVITIES.—Sanctions under section 102(c) shall 21 not apply with respect to an alien if admitting or pa-22 roling the alien into the United States is nec-23 essary— 24 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3333 IH (A) to permit the United States to comply 1 with the Agreement regarding the Head-2 quarters of the United Nations, signed at Lake 3 Success on June 26, 1947, and entered into 4 force November 21, 1947, between the United 5 Nations and the United States, or other appli-6 cable international obligations of the United 7 States; or 8 (B) to carry out or assist law enforcement 9 activity of the United States. 10 (3) E XCEPTION TO COMPLY WITH USMCA .— 11 Sanctions under this subtitle shall not apply in a 12 case in which such sanctions would conflict with pro-13 visions of the USMCA (as defined in section 3 of the 14 United States-Mexico-Canada Agreement Implemen-15 tation Act (19 U.S.C. 4502)). 16 (4) H UMANITARIAN EXEMPTION .—The Presi-17 dent may not impose sanctions under this subtitle 18 with respect to any person for conducting or facili-19 tating a transaction for the sale of agricultural com-20 modities, food, medicine, or medical devices or for 21 the provision of humanitarian assistance. 22 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 3333 IH SEC. 106. TREATMENT OF BLOCKED PROPERTY OF 1 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 2 (a) T RANSFER OF BLOCKEDPROPERTY TO FOR-3 FEITUREFUNDS.— 4 (1) I N GENERAL.—The President may transfer 5 the proceeds of any covered forfeited property to the 6 Department of the Treasury Forfeiture Fund estab-7 lished under section 9705 of title 31, United States 8 Code, or the Department of Justice Assets For-9 feiture Fund established under section 524(c) of title 10 28, United States Code. 11 (2) R EPORT REQUIRED.—Not later than 180 12 days after the date of the enactment of this Act, and 13 every 180 days thereafter, the President shall sub-14 mit to the appropriate congressional committees a 15 report on any transfers made under paragraph (1) 16 during the 180-day period preceding submission of 17 the report. 18 (3) C OVERED FORFEITED PROPERTY DE -19 FINED.—In this subsection, the term ‘‘covered for-20 feited property’’ means property— 21 (A) seized by the Department of Justice 22 under chapter 46 or section 1963 of title 18, 23 United States Code; and 24 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 14 •HR 3333 IH (B) that belonged to or was possessed by 1 a transnational criminal organization subject to 2 sanctions under— 3 (i) this subtitle; 4 (ii) the Fentanyl Sanctions Act (21 5 U.S.C. 2301 et seq.); or 6 (iii) Executive Order 14059 (50 7 U.S.C. 1701 note; relating to imposing 8 sanctions on foreign persons involved in 9 the global illicit drug trade). 10 (b) B LOCKEDASSETSUNDERTERRORISMRISKIN-11 SURANCEACT OF2002.—Nothing in this subtitle affects 12 the treatment of blocked assets of a terrorist party de-13 scribed in subsection (a) of section 201 of the Terrorism 14 Risk Insurance Act of 2002 (28 U.S.C. 1610 note). 15 Subtitle B—Other Matters 16 SEC. 111. EIGHT-YEAR STATUTE OF LIMITATIONS FOR VIO-17 LATIONS OF SANCTIONS. 18 (a) I NTERNATIONAL EMERGENCYECONOMICPOW-19 ERSACT.—Section 206 of the International Emergency 20 Economic Powers Act (50 U.S.C. 1705) is amended by 21 adding at the end the following: 22 ‘‘(d) S TATUTE OFLIMITATIONS.— 23 ‘‘(1) T IME FOR COMMENCING PROCEEDINGS .— 24 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 15 •HR 3333 IH ‘‘(A) IN GENERAL.—An action, suit, or 1 proceeding for the enforcement of any civil fine, 2 penalty, or forfeiture, pecuniary or otherwise, 3 under this section shall not be entertained un-4 less commenced within eight years after the lat-5 est date of the violation upon which the civil 6 fine, penalty, or forfeiture is based. 7 ‘‘(B) C OMMENCEMENT .—For purposes of 8 this paragraph, the commencement of an ac-9 tion, suit, or proceeding includes the issuance of 10 a pre-penalty notice or finding of violation. 11 ‘‘(2) T IME FOR INDICTMENT .—No person shall 12 be prosecuted, tried, or punished for any offense 13 under subsection (c) unless the indictment is found 14 or the information is instituted within eight years 15 after the latest date of the violation upon which the 16 indictment or information is based.’’. 17 (b) T RADINGWITH THEENEMYACT.—Section 16 18 of the Trading with the Enemy Act (50 U.S.C. 4315) is 19 amended by adding at the end the following: 20 ‘‘(d) S TATUTE OFLIMITATIONS.— 21 ‘‘(1) T IME FOR COMMENCING PROCEEDINGS .— 22 ‘‘(A) I N GENERAL.—An action, suit, or 23 proceeding for the enforcement of any civil fine, 24 penalty, or forfeiture, pecuniary or otherwise, 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 16 •HR 3333 IH under this section shall not be entertained un-1 less commenced within eight years after the lat-2 est date of the violation upon which the civil 3 fine, penalty, or forfeiture is based. 4 ‘‘(B) C OMMENCEMENT .—For purposes of 5 this paragraph, the commencement of an ac-6 tion, suit, or proceeding includes the issuance of 7 a pre-penalty notice or finding of violation. 8 ‘‘(2) T IME FOR INDICTMENT .—No person shall 9 be prosecuted, tried, or punished for any offense 10 under subsection (a) unless the indictment is found 11 or the information is instituted within eight years 12 after the latest date of the violation upon which the 13 indictment or information is based.’’. 14 SEC. 112. REPEAL OF PROHIBITION ON IMPOSITION OF 15 SANCTIONS WITH RESPECT TO IMPORTATION 16 OF GOODS UNDER FENTANYL SANCTIONS 17 ACT. 18 Section 7235 of the Fentanyl Sanctions Act (21 19 U.S.C. 2335) is repealed. 20 SEC. 113. CLASSIFIED REPORT AND BRIEFING ON STAFF-21 ING OF OFFICE OF FOREIGN ASSETS CON-22 TROL. 23 Not later than 180 days after the date of the enact-24 ment of this Act, the Director of the Office of Foreign 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 17 •HR 3333 IH Assets Control shall provide to the appropriate congres-1 sional committees a classified report and briefing on the 2 staffing of the Office of Foreign Assets Control, 3 disaggregated by staffing dedicated to each sanctions pro-4 gram and each country or issue. 5 SEC. 114. REPORT ON DRUG TRANSPORTATION ROUTES 6 AND USE OF VESSELS WITH MISLABELED 7 CARGO. 8 Not later than 180 days after the date of the enact-9 ment of this Act, the Secretary of the Treasury, in con-10 junction with the heads of other relevant Federal agencies, 11 shall provide to the appropriate congressional committees 12 a classified report and briefing on efforts to target drug 13 transportation routes and modalities, including an assess-14 ment of the prevalence of false cargo labeling and ship-15 ment of precursor chemicals without accurate tracking of 16 the customers purchasing the chemicals. 17 TITLE II—ANTI-MONEY 18 LAUNDERING MATTERS 19 SEC. 201. DESIGNATION OF ILLICIT FENTANYL TRANS-20 ACTIONS OF SANCTIONED PERSONS AS OF 21 PRIMARY MONEY LAUNDERING CONCERN. 22 Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 23 2311 et seq.) is amended by inserting after section 7213 24 the following: 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 18 •HR 3333 IH ‘‘SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANC-1 TIONED PERSONS AS OF PRIMARY MONEY 2 LAUNDERING CONCERN. 3 ‘‘(a) I NGENERAL.—If the Secretary of the Treasury 4 determines that reasonable grounds exist for concluding 5 that one or more classes of transactions within, or involv-6 ing, a jurisdiction outside of the United States is of pri-7 mary money laundering concern in connection with illicit 8 opioid trafficking, the Secretary of the Treasury may, by 9 order, regulation, or otherwise as permitted by law— 10 ‘‘(1) require domestic financial institutions and 11 domestic financial agencies to take 1 or more of the 12 special measures provided for in section 9714(a)(1) 13 of the National Defense Authorization Act for Fiscal 14 Year 2021 (Public Law 116–283; 31 U.S.C. 5318A 15 note); and 16 ‘‘(2) prohibit, or impose conditions upon, cer-17 tain transmittals of funds (to be defined by the Sec-18 retary) by any domestic financial institution or do-19 mestic financial agency, if such transmittal of funds 20 involves any such class of transactions. 21 ‘‘(b) C LASSIFIEDINFORMATION.—In any judicial re-22 view of a finding of the existence of a primary money laun-23 dering concern, or of the requirement for 1 or more special 24 measures with respect to a primary money laundering con-25 cern made under this section, if the designation or imposi-26 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 19 •HR 3333 IH tion, or both, were based on classified information (as de-1 fined in section 1(a) of the Classified Information Proce-2 dures Act (18 U.S.C. App.)), such information may be 3 submitted by the Secretary to the reviewing court ex parte 4 and in camera. This subsection does not confer or imply 5 any right to judicial review of any finding made or any 6 requirement imposed under this section. 7 ‘‘(c) A VAILABILITY OFINFORMATION.—The exemp-8 tions from, and prohibitions on, search and disclosure re-9 ferred to in section 9714(c) of the National Defense Au-10 thorization Act for Fiscal Year 2021 (Public Law 116– 11 283; 31 U.S.C. 5318A note) shall apply to any report or 12 record of report filed pursuant to a requirement imposed 13 under subsection (a). For purposes of section 552 of title 14 5, United States Code, this section shall be considered a 15 statute described in subsection (b)(3)(B) of that section. 16 ‘‘(d) P ENALTIES.—The penalties referred to in sec-17 tion 9714(d) of the National Defense Authorization Act 18 for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 19 5318A note) shall apply to violations of any order, regula-20 tion, special measure, or other requirement imposed under 21 subsection (a), in the same manner and to the same extent 22 as described in such section 9714(d). 23 ‘‘(e) I NJUNCTIONS.—The Secretary of the Treasury 24 may bring a civil action to enjoin a violation of any order, 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 20 •HR 3333 IH regulation, special measure, or other requirement imposed 1 under subsection (a) in the same manner and to the same 2 extent as described in section 9714(e) of the National De-3 fense Authorization Act for Fiscal Year 2021 (Public Law 4 116–283; 31 U.S.C. 5318A note). 5 ‘‘(f) D EFINITIONS.—In this section, the terms ‘do-6 mestic financial agency’, ‘domestic financial institution’, 7 ‘financial agency’, and ‘financial institution’ have the 8 meanings given those terms as used in section 9714 of 9 the National Defense Authorization Act for Fiscal Year 10 2021 (Public Law 116–283; 31 U.S.C. 5318A note).’’. 11 SEC. 202. TREATMENT OF TRANSNATIONAL CRIMINAL OR-12 GANIZATIONS IN SUSPICIOUS TRANSACTIONS 13 REPORTS OF THE FINANCIAL CRIMES EN-14 FORCEMENT NETWORK. 15 (a) F ILINGINSTRUCTIONS.—Not later than 180 days 16 after the date of the enactment of this Act, the Director 17 of the Financial Crimes Enforcement Network shall issue 18 guidance or instructions to United States financial institu-19 tions for filing reports on suspicious transactions required 20 by section 1010.320 of title 31, Code of Federal Regula-21 tions, related to suspected fentanyl trafficking by 22 transnational criminal organizations. 23 (b) P RIORITIZATION OF REPORTSRELATING TO 24 F ENTANYLTRAFFICKING ORTRANSNATIONALCRIMINAL 25 VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS 21 •HR 3333 IH ORGANIZATIONS.—The Director shall prioritize research 1 into reports described in subsection (a) that indicate a 2 connection to trafficking of fentanyl or related synthetic 3 opioids or financing of suspected transnational criminal 4 organizations. 5 SEC. 203. REPORT ON TRADE-BASED MONEY LAUNDERING 6 IN TRADE WITH MEXICO, THE PEOPLE’S RE-7 PUBLIC OF CHINA, AND BURMA. 8 Not later than 180 days after the date of the enact-9 ment of this Act, the Secretary of the Treasury shall sub-10 mit to the appropriate congressional committees a report 11 on trade-based money laundering originating in Mexico or 12 the People’s Republic of China and involving Burma. 13 Æ VerDate Sep 11 2014 01:23 May 30, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6301 E:\BILLS\H3333.IH H3333 kjohnson on DSK79L0C42PROD with BILLS