[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S2989-S2991]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself, Mr. Merkley, and Mr. Cardin):
S. 2337. A bill to require the Administrator of the Environmental
Protection Agency to promulgate certain limitations with respect to
pre-production plastic pellet pollution, and for other purposes; to the
Committee on Environment and Public Works.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2337
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 the ``Plastic Pellet Free Waters
Act''.
SEC. 2. EFFLUENT LIMITATIONS FOR WASTEWATER, SPILLS, AND
RUNOFF FROM PLASTIC POLYMER PRODUCTION
FACILITIES, PLASTIC MOLDING AND FORMING
FACILITIES, AND OTHER POINT SOURCES ASSOCIATED
WITH THE TRANSPORT AND PACKAGING OF PLASTIC
PELLETS OR OTHER PRE-PRODUCTION PLASTIC
MATERIALS.
Not later than 60 days after the date of enactment of this
Act, the Administrator of the Environmental Protection Agency
(referred to in this section as the ``Administrator'') shall
promulgate a final rule to ensure that--
(1) the discharge of plastic pellets or other pre-
production plastic materials (including discharge into
wastewater and other runoff) from facilities regulated under
part 414 or 463 of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act), is
prohibited;
(2) the discharge of plastic pellets or other pre-
production plastic materials (including discharge into
wastewater and other runoff) from a point source (as defined
in section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362)) that makes, uses, packages, or transports those
plastic pellets and other pre-production plastic materials is
prohibited; and
(3) the requirements under paragraphs (1) and (2) are
reflected in--
(A) all wastewater, stormwater, and other permits issued by
the Administrator and State-delegated programs under section
402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) to facilities and other point sources (as defined in
section 502 of that Act (33 U.S.C. 1362)) that make, use,
package, or transport plastic pellets or other pre-production
plastic materials, as determined by the Administrator, in
addition to other applicable limits and standards; and
(B) all standards of performance promulgated under section
312(p) of the Federal Water Pollution Control Act (33 U.S.C.
1322(p)) that are applicable to point sources (as defined in
section 502 of that Act (33 U.S.C. 1362)) that make, use,
package, or transport plastic pellets or other pre-production
plastic materials, as determined by the Administrator.
______
By Mr. DURBIN (for himself and Mr. Rubio):
S. 2342. A bill to prohibit any official action to recognize or
normalize relations with any Government of Syria that is led by Bashar
al-Assad; to the Committee on Foreign Relations.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2342
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 ``Assad Regime Anti-
Normalization Act of 2023''.
SEC. 2. PROHIBITION OF RECOGNITION OF ASSAD REGIME.
(a) Statement of Policy.--It is the policy of the United
States--
(1) not to recognize or normalize relations with any
Government of Syria that is led by Bashar al-Assad due to the
Assad regime's prior and ongoing crimes against the Syrian
people, including failure to meet the criteria outlined in
section 7431(a) of the Caesar Syria Civilian Protection Act
of 2019 (title LXXIV of Public Law 116-92; 22 U.S.C. 8791
note);
(2) to actively oppose recognition or normalization of
relations by other governments with any Government of Syria
that is led by Bashar Al-Assad, including by fully
implementing the mandatory primary and secondary sanctions in
the Caesar Syria Civilian Protection Act of 2019 and
Executive Order 13894 (84 Fed. Reg. 55851; relating to
blocking property and suspending entry of certain persons
contributing to the situation in Syria); and
(3) to use the full range of authorities, including those
provided under the Caesar Syria Civilian Protection Act of
2019 and Executive Order 13894, to deter reconstruction
activities in areas under the control of Bashar al-Assad.
[[Page S2990]]
(b) Prohibition.--In accordance with subsection (a), no
Federal official or employee may take any action, and no
Federal funds may be made available, to recognize or
otherwise imply, in any manner, United States recognition of
Bashar al-Assad or any Government in Syria that is led by
Bashar al-Assad.
______
By Mr. PADILLA (for himself and Mrs. Feinstein):
S. 2351. A bill to amend title 49, United States Code, to clarify the
use of certain taxes and revenues; to the Committee on Commerce,
Science, and Transportation.
Mr. PADILLA. Madam President, I rise to introduce State and Local
General Sales Tax Protection Act. This legislation would clarify
congressional intent around a 1987 amendment to the Federal Aviation
Administration's authorization regarding the use of local excise taxes
on aviation fuel for airport purposes.
In 2014, the FAA implemented a policy change to require State and
local governments to use general sales taxes collected on aviation fuel
for airport purposes. This contradicted congressional intent clearly
stated in the 1987 conference report and 29 years of practice, which
applied this requirement only to local excise taxes on fuel and not to
other taxes imposed by State and local governments.
This legislation would overturn the 2014 FAA policy and remove any
ambiguity in Federal interpretation by distinguishing State and local
sales tax measures of general application from aviation fuel excise
taxes.
In my home State of California, local government sales taxes are
voter-approved by a two-thirds margin for specific purposes. Diverting
this money would be a violation of the State's constitution and the
will of its voters. This 2014 FAA rulemaking, if enforced, is estimated
to divert tens of millions of dollars away from voter-approved purposes
like local transportation, first responders, education, and social
programs every year. It is an assault on State and local control of
general application sales tax measures.
The 2014 FAA rulemaking would also impose an unfunded mandate on
States and local governments that would be required to implement a
burdensome tracking system to segregate taxes on aviation fuel from
other taxable sources.
Furthermore, in recognition of this error, the FAA included in its
recommendations to Congress that the clarification provided in this
legislation be included in an FAA reauthorization bill.
I look forward to working with my colleagues to enact the State and
Local General Sales Tax Protection Act to protect every State and local
government that have or will have general sales taxes that include
aviation fuel.
______
By Mr. REED (for himself, Mr. Rounds, Mr. Warner, and Mr.
Romney):
S. 2355. A bill to clarify the applicability of sanctions and
antimoney laundering compliance obligations to United States persons in
the decentralized finance technology sector and virtual currency kiosk
operators, and for other purposes; to the Committee on Banking,
Housing, and Urban Affairs.
Mr. REED. Madam President, today I am introducing the Crypto Asset
National Security Enhancement and Enforcement, CANSEE, Act along with
Senators Rounds, Warner, and Romney. This bipartisan bill will close
concerning gaps in the anti-money laundering, AML, and sanctions
frameworks for cryptocurrency, most importantly decentralized finance,
DeFi, and virtual currency kiosks.
Decentralized finance or ``DeFi'' refers to cryptocurrency protocols
and applications that purport to allow automated peer-to-peer
transactions using blockchain technology. DeFi enables users to
transact and trade cryptocurrency without requiring a traditional
financial institution to broker trades, clear and settle transactions,
or custody assets.
Criminal syndicates, fraudsters, ransomware hackers, and rogue states
have been quick to recognize how DeFi can be exploited to advance their
nefarious activities. By design, DeFi provides anonymity allowing
malicious and criminal actors to evade traditional tools that the
government uses to enforce the AML and sanctions laws.
According to the U.S. National Money Laundering Risk Assessment
published in February 2022, ``DeFi services often involve no AML/CFT or
other processes to identify customers, allowing layering of proceeds to
take place instantaneously and pseudonymously.'' A risk assessment
published by the Treasury Department in April 2023 specifically found
that ``ransomware cybercriminals, thieves, scammers, and Democratic
People's Republic of Korea (DPRK) cyber actors are using DeFi services
[and] exploiting vulnerabilities in the U.S. and foreign AML/CFT
regulatory, supervisory, and enforcement regimes.''
In addition, DeFi is used in cross-border drug trafficking.
Blockchain analytics firm Elliptic has estimated that China-based
chemical manufacturers have received enough payments in cryptocurrency
to sell $54 billion worth of fentanyl--enough to manufacture 8.6
billion deadly doses.
A series of Federal indictments unsealed in April 2023 revealed how
these Chinese companies sell precursor chemicals to the Sinaloa drug
cartel to manufacture fentanyl in Mexico, which is then smuggled for
distribution in the United States. The manufacturers and cartels
transact in cryptocurrency and no longer need to rely exclusively on
bulk cash shipments. According to the indictments, once ``fentanyl
proceeds are deposited into cryptocurrency wallets, that cryptocurrency
can also be used directly to purchase additional fentanyl, without the
need to convert the cryptocurrency back into cash.'' Wallets associated
with a large sanctioned Chinese chemicals manufacturer have used DeFi
to launder funds.
DeFi is so attractive to criminals and other bad actors because the
industry takes the position that it does not need to comply with the
AML requirements in the Bank Secrecy Act nor the economic sanctions
programs administered by the Treasury Department. That places DeFi on a
different footing than traditional financial intermediaries like banks
and securities brokers, which must monitor all transactions and report
suspected money laundering and financial crimes to the government.
Other participants in the cryptocurrency markets, such as U.S.-
headquartered centralized trading venues, are also expected to maintain
AML programs and ensure that sanctioned persons do not use their
services. Even casinos have these obligations. It is past time to end
special treatment for DeFi and prevent this dark corner of our
financial system from being used to fund crime and launder criminal
proceeds.
The bipartisan bill we are introducing closes these alarming gaps
facilitating narco-trafficking, WMD proliferation, ransomware attacks,
and other threats to national and economic security. Our bill simply
requires anyone who controls a DeFi service to meet critical--yet
basic--regulatory obligations to maintain AML policies and procedures,
conduct due diligence on customers, and report suspicious transactions
to the government. These requirements will curtail a tool that is used
to disguise ownership and movement of criminal funds.
Our legislation also makes clear that if a sanctioned person, such as
a Russian oligarch, uses a DeFi service to evade U.S. sanctions, then
anyone who controls that platform will be liable for facilitating that
violation. If nobody controls a DeFi service, then--as a backstop--the
largest investors in that project will be responsible for meeting these
obligations.
Our bipartisan legislation also dramatically enhances the customer
due diligence requirements for operators of virtual currency kiosks or
``bitcoin ATMs.'' Bitcoin ATMs are typically found in convenience
stores, gas stations, and grocery stores, and are used to buy, sell,
and exchange cryptocurrency. According to a report by the Government
Accountability Office published in December 2021, ``FBI officials said
they expect to see an increase in the use of virtual currency kiosks
for illicit purposes, including for human and drug trafficking.'' To
crack down on this abuse of our financial system, our legislation
requires kiosk operators to verify the identities of both
counterparties to every transaction. That will help prevent criminals
from using cryptocurrency to profit from illegal activity and avoid
detection by law enforcement.
[[Page S2991]]
Finally, this legislation makes important updates to the Treasury
Department's authority to require participants in the U.S. financial
system to take special precautions against money laundering threats.
Currently, these authorities are limited to transactions conducted in
the traditional banking system. But as new technologies like
cryptocurrency increasingly enable new ways to conduct financial
transactions, it is critical to extend Treasury's authority to crack
down on illicit financial activity that may occur without customary
intermediaries.
All of our constituents deserve a financial system that is protected
from geopolitical adversaries and criminals. The CANSEE Act will
deliver those protections by preventing DeFi services from using
purported decentralization as a shield to avoid meeting obligations to
prevent money laundering and sanctions evasion. That will protect the
integrity of the U.S. financial system and help curtail the activities
of the worst criminal organizations and malicious state actors. I urge
my colleagues to support this important bipartisan legislation.
____________________