[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[Senate]
[Pages S8287-S8289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4707. 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:
[[Page S8288]]
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, through the
International Criminal Investigative Training Assistance
Program and the Office of Overseas Prosecutorial Development,
Assistance, and Training, 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 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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