Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act
A BILL
To impose sanctions with respect to trafficking of illicit fentanyl and its precursors by transnational criminal organizations, including cartels, and for other purposes.
Sec. 2 Sense of Congress
It is the sense of Congress that—
the proliferation of fentanyl is causing an unprecedented surge in overdose deaths in the United States, fracturing families and communities, and necessitating a comprehensive policy response to combat its lethal flow and to mitigate the drug’s devastating consequences;
the trafficking of fentanyl into the United States is a national security threat that has killed hundreds of thousands of United States citizens;
transnational criminal organizations, including cartels primarily based in Mexico, are the main purveyors of fentanyl into the United States and must be held accountable;
precursor chemicals sourced from the People’s Republic of China are—
shipped from the People’s Republic of China by legitimate and illegitimate means;
transformed through various synthetic processes to produce different forms of fentanyl; and
crucial to the production of illicit fentanyl by transnational criminal organizations, contributing to the ongoing opioid crisis;
the United States Government must remain vigilant to address all new forms of fentanyl precursors and drugs used in combination with fentanyl, such as Xylazine, which attribute to overdose deaths of people in the United States;
to increase the cost of fentanyl trafficking, the United States Government should work collaboratively across agencies and should surge analytic capability to impose sanctions and other remedies with respect to transnational criminal organizations (including cartels), including foreign nationals who facilitate the trade in illicit fentanyl and its precursors from the People’s Republic of China and such organizations; and
the Department of the Treasury should focus on fentanyl trafficking and its facilitators as one of the top national security priorities for the Department.
Sec. 3 Definitions
In this Act:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
Foreign person— The term foreign person—
means—
any citizen or national of a foreign country; or
any entity not organized under the laws of the United States or a jurisdiction within the United States; and
does not include the government of a foreign country.
Knowingly— The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
Trafficking— The term trafficking, with respect to fentanyl, fentanyl precursors, or other related opioids, has the meaning given the term opioid trafficking in section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
Transnational criminal organization— The term transnational criminal organization includes—
any organization designated as a significant transnational criminal organization under part 590 of title 31, Code of Federal Regulations;
any of the organizations known as—
the Sinaloa Cartel;
the Jalisco New Generation Cartel;
the Gulf Cartel;
the Los Zetas Cartel;
the Juarez Cartel;
the Tijuana Cartel;
the Beltran-Leyva Cartel;
La Familia Michoacana, also known as the Knights Templar Cartel; or
La Nueva Familia Michoacan;
any other organization that the President determines is a transnational criminal organization; or
any successor organization to an organization described in subparagraph (B) or as otherwise determined by the President.
United States person— The term United States person means—
a United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or
any person in the United States.