[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3231 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3231
To permit the Secretary of the Treasury to impose special measures on
transactions related to illicit fentanyl trafficking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mr. Gallego introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To permit the Secretary of the Treasury to impose special measures on
transactions related to illicit fentanyl trafficking.
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 ``Buck Stops Here Act''.
SEC. 2. TRANSACTIONS CONNECTED TO ILLICIT FENTANYL TRAFFICKING.
(a) Determination.--If the Secretary of the Treasury determines
that reasonable grounds exist for concluding that 1 or more financial
institutions operating outside of the United States, or 1 or more
classes of transactions within, or involving, a jurisdiction outside of
the United States, or 1 or more types of accounts within, or involving,
a jurisdiction outside of the United States is of primary money
laundering concern in connection with illicit fentanyl trafficking, the
Secretary of the Treasury may, by order, regulation, or otherwise as
permitted by law--
(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
described in section 5318A(b) of title 31, United States Code;
or
(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary) by any
domestic financial institution or domestic financial agency, if
such transmittal of funds involves any such institution, class
of transaction, or type of account.
(b) Classified Information.--In any judicial review of a finding of
the existence of a primary money laundering concern, or of the
requirement for 1 or more special measures with respect to a primary
money laundering concern made under this section, if the designation or
imposition, or both, were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
App.)), such information may be submitted by the Secretary to the
reviewing court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or any
requirement imposed under this section.
(c) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure provided in section 5319 of
title 31, United States Code, shall apply to any report or record of
report filed pursuant to a requirement imposed under subsection (a) of
this section. For purposes of section 552 of title 5, United States
Code, this subsection shall be considered a statute described in
subsection (b)(3)(B) of that section.
(d) Penalties.--The penalties provided for in sections 5321 and
5322 of title 31, United States Code, that apply to violations of
special measures imposed under section 5318A of title 31, United States
Code, shall apply to violations of any order, regulation, special
measure, or other requirement imposed under subsection (a) of this
section, in the same manner and to the same extent as described in
sections 5321 and 5322.
(e) Injunctions.--The Secretary of the Treasury may bring a civil
action to enjoin a violation of any order, regulation, special measure,
or other requirement imposed under subsection (a) of this section in
the same manner and to the same extent as described in section 5320 of
title 31, United States Code.
(f) Report Required.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the Committees on Financial Services and Foreign
Affairs of the House of Representatives and the Committees on
Banking, Housing, and Urban Affairs and Foreign Relations of
the Senate a report that shall identify any additional
regulations, statutory changes, enhanced due diligence, and
reporting requirements that are necessary to better identify,
prevent, and combat money laundering linked to the trafficking
of illicit fentanyl.
(2) Format.--The report required under this subsection
shall be made available to the public, including on the website
of the Department of the Treasury, but may contain a classified
annex and be accompanied by a classified briefing.
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