[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Pages S8088-S8089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4556. Mr. WHITEHOUSE (for himself and Ms. Hassan) submitted an 
amendment intended to be proposed by him to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCREASING THE CAPACITY OF STATES AND PARTNER 
                   COUNTRIES TO COUNTER CORRUPTION AND MONEY 
                   LAUNDERING SCHEMES RELATED TO DRUG TRAFFICKING.

       (a) Short Title.--This section may be cited as the ``Not 
     Allowing Revenue for Criminal Organizations Act'' or ``NARCO 
     Act''.
       (b) Findings.--Congress finds the following:
       (1) Drug trafficking organizations, transnational criminal 
     organizations, and money laundering organizations prey upon 
     individuals suffering from substance use disorders and 
     exploit the financial systems of the United States to sustain 
     their criminal enterprises.
       (2) The illicit drug trade in the United States is 
     conservatively valued at $150,000,000,000 annually, making it 
     worth more than the gross domestic product of approximately 
     150 countries.
       (3) More than 93,000 individuals in the United States died 
     from drug overdoses in 2020.
       (4) Drug trafficking organizations, transnational criminal 
     organizations, and money laundering organizations perpetuate 
     crime, corruption, and kleptocracy, which undermines the rule 
     of law and erodes democratic institutions in foreign 
     countries while threatening the national security of the 
     United States.
       (5) Understanding and attacking the financial networks, 
     both in the United States and abroad, that enable drug 
     trafficking organizations, transnational criminal 
     organizations, and money laundering organizations is critical 
     to disrupting and dismantling those organizations.
       (6) As such, the national drug control strategy of the 
     United States should include an explicit focus, goals, and 
     metrics related to mapping, tracking, attacking, and 
     dismantling the financial networks of drug trafficking 
     organizations, transnational criminal organizations, and 
     money laundering organizations.
       (7) Uniform application of anti-money laundering laws and 
     information sharing will enhance the ability of the Federal 
     Government and State governments to dismantle drug 
     trafficking organizations, transnational criminal 
     organizations, and money laundering organizations.
       (8) The Financial Action Task Force establishes 
     international standards that aim to prevent money laundering 
     associated with the illicit drug trade and other illegal 
     activities, and is supported by more than 200 implementing 
     countries and jurisdictions, including the United States. In 
     its 2016 Mutual Evaluation Report of the United States, the 
     Task Force found that while Federal law enforcement agencies 
     aggressively target money laundering cases, ``State law 
     enforcement authorities can complement Federal efforts, but 
     more typically pursue State-level law enforcement priorities. 
     Among the States, there is no uniform approach and little 
     data is available. Where information was provided, it tended 
     to suggest that [money laundering] is not prioritised by the 
     State authorities.''.
       (9) It is in the best national security interest of the 
     United States to increase the capacity of States and partner 
     countries to identify, investigate, and prosecute corruption 
     and money laundering schemes that directly benefit drug 
     trafficking organizations, transnational criminal 
     organizations, and money laundering organizations.
       (c) GAO Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter, the 
     Comptroller General of the United States shall submit to the 
     Committee on the Judiciary of the Senate, the Caucus on 
     International Narcotics Control of the Senate, the Committee 
     on the Judiciary of the House of Representatives, and the 
     Director of National Drug Control Policy an assessment of--
       (A) the number and status of investigations and 
     prosecutions across National Drug Control Program agencies 
     (as defined in section 702 of the Office of National Drug 
     Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701)) 
     with a drug trafficking and money laundering and illicit 
     finance nexus, unless the disclosure of such information 
     would reveal information protected by rule 6(e) of the 
     Federal Rules of Criminal Procedure or a court order; and
       (B) the amount of money and other things of value in 
     various forms, including tangible and digital assets, and 
     property criminally seized by or forfeited to the Federal 
     Government on an annual basis from individuals associated 
     with drug trafficking, drug trafficking organizations, 
     transnational criminal organizations, or money laundering 
     organizations, which shall be--
       (i) adjusted to eliminate duplication in the case of 
     seizures or forfeitures carried out and reported by multiple 
     agencies; and
       (ii) disaggregated by agency.
       (2) Classified annex.--The Comptroller General may provide 
     the assessment under paragraph (1), or a portion thereof, in 
     a classified annex if necessary.
       (d) Technical Updates to Office of National Drug Control 
     Policy Reauthorization Act of 1998.--
       (1) Definition of ``supply reduction''.--Section 702(17) of 
     the Office of National Drug Control Policy Reauthorization 
     Act of 1998 (21 U.S.C. 1701(17)) is amended--
       (A) by redesignating subparagraphs (G) and (H) as 
     subparagraphs (H) and (I), respectively; and
       (B) by inserting after subparagraph (F) the following:
       ``(G) activities to map, track, dismantle, and disrupt the 
     financial networks of drug trafficking organizations, 
     transnational criminal organizations, and money laundering 
     organizations involved in the manufacture and trafficking of 
     drugs in the United States and in foreign countries;''.
       (2) Contents of national drug control strategy.--Section 
     706(c)(1)(L) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1705(c)(1)(L)) is 
     amended by inserting before the period at the end the 
     following: ``, which statistical data shall include, to the 
     greatest extent practicable, the information submitted to the 
     Director by the Comptroller General of the United States in 
     the 2 most recent annual reports under subsection (c) of the 
     Not Allowing Revenue for Criminal Organizations Act''.
       (e) Model Laws.--
       (1) In general.--The Attorney General shall enter into an 
     agreement with a nongovernmental organization, which may 
     include an institution of higher education, to--
       (A) advise States on establishing laws and policies to 
     address money laundering practices related to the 
     manufacture, sale, or trafficking of illicit drugs;
       (B) develop model State laws pertaining to money laundering 
     practices related to the sale or trafficking of illicit 
     drugs; and
       (C) revise the model State laws described in subparagraph 
     (B) and draft supplementary model State laws that take into 
     consideration changes in the trafficking of illicit drugs and 
     related money laundering schemes in the State involved.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated $300,000 for each of fiscal years 2022 
     through 2026 to carry out this subsection.
       (f) Countering International Illicit Finance Techniques 
     Used by Criminal Organizations.--
       (1) In general.--The Attorney General, in consultation with 
     the Director of the Financial Crimes Enforcement Network of 
     the Department of the Treasury, shall provide training, 
     technical assistance, and mentorship to foreign countries 
     that have been designated as major money laundering countries 
     under section 489 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h) in order to--
       (A) increase the institutional capacity of those countries 
     to prevent corruption and swiftly address corruption when it 
     occurs;
       (B) implement justice sector reform to ensure the 
     successful prosecution of drug trafficking organizations, 
     transnational criminal organizations, money laundering 
     organizations, and other entities or individuals involved in 
     the illicit drug trade;
       (C) better understand, map, target, and attack the 
     financial networks of drug trafficking organizations, 
     transnational criminal organizations, and other entities or 
     individuals involved in the illicit drug trade;
       (D) develop and implement laws and regulations to establish 
     or strengthen asset forfeiture programs; and
       (E) develop and implement laws and regulations to counter 
     corruption, money laundering, and illicit finance techniques 
     used by drug trafficking organizations, transnational 
     criminal organizations, money laundering organizations, and 
     other entities or individuals involved in the illicit drug 
     trade.
       (2) Annual report.--Not later than 120 days after the end 
     of each fiscal year, beginning with fiscal year 2023, the 
     Attorney General shall submit a report to the Committee on 
     the Judiciary of the Senate, the Caucus on International 
     Narcotics Control of the Senate, and the Committee on the 
     Judiciary

[[Page S8089]]

     of the House of Representatives that includes, with respect 
     to each country that received training, technical assistance, 
     and mentorship under paragraph (1) during that fiscal year--
       (A) the type and duration of training, technical 
     assistance, and mentorship provided to the country;
       (B) the implementation status of new laws and regulations 
     to counter corruption, money laundering, and illicit finance 
     techniques used by drug trafficking organizations, 
     transnational criminal organizations, money laundering 
     organizations, and other entities or individuals involved in 
     the illicit drug trade in the country;
       (C) the number of money laundering and illicit finance 
     investigations, prosecutions, and convictions related to the 
     narcotics trade that were undertaken in the country;
       (D) the amount of money and other things of value in 
     various forms, including tangible and digital assets, and 
     property criminally seized by or forfeited to the Federal 
     Government from drug trafficking organizations, transnational 
     criminal organizations, money laundering organizations, and 
     other entities or individuals involved in the illicit drug 
     trade, in the country; and
       (E) the number of joint investigations that United States 
     undertook with the country and whether those investigations 
     led to prosecutions or convictions.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated $80,000,000 for each of fiscal years 2022 
     through 2026 to carry out this subsection.
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