[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3205 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3205
To disrupt the international fentanyl supply chain, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mr. McCaul introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on the
Judiciary, Oversight and Accountability, and Financial Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To disrupt the international fentanyl supply chain, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Project Precursor
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--DEPARTMENT OF STATE BUREAU OF INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS, BUREAU OF GLOBAL PUBLIC AFFAIRS, AND BUREAU OF
INTELLIGENCE AND RESEARCH
Sec. 101. Authorizations to strengthen Mexican law enforcement capacity
to disrupt fentanyl supply chains.
Sec. 102. Public diplomacy as a weapon to delegitimize cartels and
disrupt criminal recruitment.
Sec. 103. Chinese operations in Mexico.
Sec. 104. Relevant congressional committees defined.
TITLE II--CHEMICAL WEAPONS CONVENTION
Sec. 201. Actions to seek to amend the chemical weapons convention to
include covered fentanyl substances on
schedule 1, 2, or 3 of the annex on
chemicals to the chemical weapons
convention.
TITLE III--SANCTIONS AND OTHER PENALTIES
Subtitle A--Modification and Extension of Fentanyl Sanctions Act
Sec. 301. Determination and report on additional foreign opioid
traffickers.
Sec. 302. Termination.
Subtitle B--Sanctions With Respect to Transnational Criminal
Organizations
Sec. 311. Imposition of sanctions.
Sec. 312. Sanctions described.
Sec. 313. Penalties; waivers; exceptions.
Sec. 314. Report required.
Subtitle C--Definitions
Sec. 321. Definitions.
TITLE I--DEPARTMENT OF STATE BUREAU OF INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS, BUREAU OF GLOBAL PUBLIC AFFAIRS, AND BUREAU OF
INTELLIGENCE AND RESEARCH
SEC. 101. AUTHORIZATIONS TO STRENGTHEN MEXICAN LAW ENFORCEMENT CAPACITY
TO DISRUPT FENTANYL SUPPLY CHAINS.
(a) Authorization of Program.--Notwithstanding section 660 of the
Foreign Affairs Assistance Act of 1961 (22 U.S.C. 2420), the Secretary
of State, acting through the Assistant Secretary of the Bureau of
International Narcotics and Law Enforcement Affairs, is authorized to
carry out a program to build the capacity of Mexican law enforcement
agencies to prevent the transit, trafficking, and distribution of
fentanyl and its precursor chemicals and analogues into the United
States from Mexico.
(b) Program Elements.--The program authorized by subsection (a)
shall include projects and activities, at a minimum, that address--
(1) canine unit support for drug detection;
(2) disrupting fentanyl trafficking in express consignment,
as well as in postal, shipping, and transportation operations
conducted by the Government and private business sectors;
(3) forensic chemist information exchanges, equipment, and
drug profiling;
(4) efforts meant to increase Mexican Federal and state
laboratory forensic accreditation to identify fentanyl and
other drugs;
(5) efforts to increase the number of handheld synthetic
drug detection devices;
(6) the provision of equipment and training related to
identifying and dismantling clandestine laboratories that
produce synthetic drugs;
(7) efforts proven to reduce diversion of precursor
chemicals from licit to illicit purposes;
(8) precursor chemical information sharing between
governments and among various agencies;
(9) maritime interdiction of synthetic drugs;
(10) cargo container control and inspection; and
(11) chemical industry mapping.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $64,000,000 to carry out the programs described in
subsection (a).
(d) Prioritization of Mexico in Efforts To Combat International
Fentanyl Trafficking.--The Secretary of State, acting through the
Assistant Secretary of the Bureau of International Narcotics and Law
Enforcement Affairs, shall prioritize Mexico in all efforts of the
Department of State to combat international trafficking of fentanyl and
other synthetic drugs by carrying out programs and activities in Mexico
and throughout the greater Latin American region, in consultation with
the Government of Mexico and other relevant governments, with respect
to the following:
(1) Providing technical assistance and equipment, as
appropriate, to strengthen the capacity of Mexican law
enforcement agencies with respect to combating the trafficking
of fentanyl and other synthetic drugs.
(2) Carrying out exchange programs for governmental and
nongovernmental personnel, such as programs conducted at the
International Law Enforcement Academy in El Salvador and at
other locations in the United States and Mexico, to provide
educational and professional development on disrupting fentanyl
supply chains, interdicting fentanyl and precursor chemicals
used to produce fentanyl, and other synthetic drugs at seaports
and on land and permanently dismantling transnational drug
trafficking organization operations.
(e) Report on Law Enforcement Cooperation and Obstruction in
Mexico.--Not later than 1 year after the date of the enactment of this
Act, the Assistant Secretary of the Bureau of International Narcotics
and Law Enforcement Affairs shall submit to the relevant congressional
committees an unclassified report, that may include a classified annex,
detailing--
(1) efforts taken by the various law enforcement agencies
in Mexico to disrupt the flow of fentanyl and its precursor
chemicals; and
(2) the extent to which any part of the Government of
Mexico has refused to work with the United States, or otherwise
obstructed, paused, or unnecessarily delayed bilateral security
cooperation with respect to disrupting the flow of fentanyl and
its precursor chemicals.
(f) United States Death Toll as Chief Monitoring and Evaluation
Metric.--
(1) Metrics to evaluate efforts.--The Office of Knowledge
Management of the Bureau of International Narcotics and Law
Enforcement Affairs shall use monthly and yearly statistics
indicating the number of United States citizens who die from
the consumption or ingestion of fentanyl and other illicit
narcotics--
(A) as the primary monitoring and evaluation metric
of the efforts led by such bureau in Mexico; and
(B) to gauge whether bilateral efforts to disrupt
synthetic drug production and precursor chemical
transit throughout Mexico are achieving measurable
desired impacts, with a rising number of United States
deaths indicating a failure to achieve such impacts.
(2) Improper use of data.--The Bureau of International
Narcotics and Law Enforcement Affairs, in its monitoring and
evaluation practices, may not use data related to drug seizures
or clandestine laboratory raids in Mexico as a substitute for
the data described in paragraph (1).
(3) Report on progress.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the Secretary of State, acting through the
Assistant Secretary of the Bureau of International Narcotics
and Law Enforcement Affairs, shall submit a report to the
relevant congressional committees indicating whether, based on
the statistics described in paragraph (1), its Mexico programs
(including projects and activities under the program authorized
by subsection (a)) are achieving desired outcomes, including a
ranking of all such programs from most effective to least
effective.
SEC. 102. PUBLIC DIPLOMACY AS A WEAPON TO DELEGITIMIZE CARTELS AND
DISRUPT CRIMINAL RECRUITMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of the Bureau of Global
Public Affairs, in consultation with the United States Ambassador to
Mexico and other diplomatic and consular posts in Mexico, as well as
with the United States entertainment and media industries and private
and government actors in Mexico, shall formulate and deploy a public
relations campaign, the goal of which is to delegitimize and humiliate,
in the Mexican and the United States social consciousness, Mexican
transnational criminal organizations involved in illicit fentanyl
trafficking, as well as to permanently disrupt and cripple such
organizations' ability to recruit new members.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Bureau of Global Public Affairs shall brief
the relevant congressional committees on the implementation of this
provision.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Bureau of Global Public Affairs shall submit to the
relevant congressional committees a report detailing the implementation
of subsection (a).
SEC. 103. CHINESE OPERATIONS IN MEXICO.
Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary of the Bureau of Intelligence and Research
shall submit to the relevant congressional committees a classified
report describing the operations and geographic footprint of all
Chinese state- and non-state actors inside Mexico that are involved in
the illegal importation, production, transport, or trafficking of
fentanyl or its precursor chemicals into or through Mexico.
SEC. 104. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``relevant congressional committees'' means
the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate.
TITLE II--CHEMICAL WEAPONS CONVENTION
SEC. 201. ACTIONS TO SEEK TO AMEND THE CHEMICAL WEAPONS CONVENTION TO
INCLUDE COVERED FENTANYL SUBSTANCES ON SCHEDULE 1, 2, OR
3 OF THE ANNEX ON CHEMICALS TO THE CHEMICAL WEAPONS
CONVENTION.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Health and Human Services and the Attorney General, shall
use the voice, vote, and influence of the United States at the
Conference of the States Parties to the Chemical Weapons Convention to
seek to amend the Chemical Weapons Convention to include each covered
fentanyl substance on schedule 1, 2, or 3 of the Annex on Chemicals to
the Chemical Weapons Convention.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report on the implementation of this section.
(c) Definitions.--In this section--
(1) the term ``Chemical Weapons Convention'' means the
Convention on the Prohibition of the Development, Production,
Stockpiling and use of Chemical Weapons and on their
Destruction, done at Paris, January 13, 1993 (commonly known as
the ``Chemical Weapons Convention''); and
(2) the term ``covered fentanyl substance'' means--
(A) fentanyl, including its isomers, esters,
ethers, salts, and salts of isomers, esters, and
ethers, whenever the existence of such isomers, esters,
ethers, and salts is possible within the specific
chemical designation (as such terms are used in the
Controlled Substances Act (21 U.S.C. 801 et seq.));
(B) any controlled substance analogue of fentanyl
(as the term ``controlled substance analogue'' is
defined in section 102(32) of the Controlled Substances
Act (21 U.S.C. 802(32)); and
(C) any immediate precursor (as defined in section
102(23) of the Controlled Substances Act (21 U.S.C.
802(23)) of fentanyl.
TITLE III--SANCTIONS AND OTHER PENALTIES
Subtitle A--Modification and Extension of Fentanyl Sanctions Act
SEC. 301. DETERMINATION AND REPORT ON ADDITIONAL FOREIGN OPIOID
TRAFFICKERS.
(a) In General.--The Fentanyl Sanctions Act (title LXXII of
division F of Public Law 116-92; 21 U.S.C. 2301 et seq.) is amended by
adding after section 7217 the following:
``SEC. 7218. DETERMINATION AND REPORT ON ADDITIONAL FOREIGN OPIOID
TRAFFICKERS.
``(a) Determination.--
``(1) In general.--The President shall make a determination
as to whether any of the foreign persons described in paragraph
(2)--
``(A) is a foreign opioid trafficker; or
``(B) is engaging in any of the conduct described
in Executive Order 14059 (86 Fed. Reg. 71549; relating
to imposing sanctions on foreign persons involved in
the global illicit drug trade) or has engaged in any
such conduct in the prior 365 days.
``(2) Foreign persons described.--The foreign persons
described in this paragraph are the following:
``(A) Any foreign bank (as such term is defined in
section 1(b) of the International Banking Act of 1978
(12 U.S.C. 3101(b))) that operates in--
``(i) the People's Republic of China; or
``(ii) Mexico.
``(B) Any money transmitting business that
processed more than $25,000,000 in transactions in--
``(i) any of the 5 calendar years preceding
the date of enactment of the Project Precursor
Act;
``(ii) the calendar year in which the
Project Precursor Act is enacted; or
``(iii) any calendar year after the
calendar year described in clause (ii).
``(C) Any transnational criminal organization.
``(b) Report.--Not later than 90 days after the date of the
enactment of the Project Precursor Act, and every 180 days thereafter,
the President shall submit to the appropriate congressional committees
a report containing--
``(1) a list of all foreign persons that the President has
determined to be foreign opioid traffickers pursuant to
subsection (a); and
``(2) for each foreign person identified on the list
required by paragraph (1)--
``(A) whether the President has imposed any or all
of the relevant sanctions described in section 7213 or
Executive Order 14059 with respect to the foreign
person; and
``(B) with respect to which any of the sanctions
described in section 7213 or Executive Order 14059 have
been waived or determined not to apply due to an
exception or an exercise of discretion, a description
of the specific legal grounds for the waiver,
exception, or exercise of discretion.
``(c) Form.--
``(1) In general.--The report required by subsection (b)
shall be submitted in unclassified form, but may contain a
classified annex if necessary.
``(2) Public availability.--The unclassified portion of the
report shall be made available on a publicly available internet
website of the Federal Government.
``(d) Definitions.--In this section--
``(1) the term `money transmitting business' means a
foreign person who engages in the activities described in
section 5330(d)(1)(A) of title 31, United States Code; and
``(2) the term `transnational criminal organization' has
the meaning given that term in section 431 of the Project
Precursor Act.''.
(b) Clerical Amendments.--The table of contents in section 2(b) of
Public Law 116-92 and the table of contents in title LXXII of division
F of such Public Law are each amended by inserting after the item
relating to section 7217 the following:
``Sec. 7218. Determination and report on additional foreign opioid
traffickers.''.
SEC. 302. TERMINATION.
Section 7233 of the Fentanyl Sanctions Act (21 U.S.C. 2301 et seq.)
is amended by striking ``7 years after the date of the enactment of
this Act'' and inserting ``7 years after the date of the enactment of
the Project Precursor Act''.
Subtitle B--Sanctions With Respect to Transnational Criminal
Organizations
SEC. 311. IMPOSITION OF SANCTIONS.
The President shall impose the sanctions described in section 312
with respect to any foreign person the President determines is
knowingly involved in--
(1) the trafficking of fentanyl, fentanyl precursors, or
other related opioids by a transnational criminal organization;
or
(2) the activities of a transnational criminal organization
relating to the trafficking of fentanyl, fentanyl precursors,
or other related opioids.
SEC. 312. SANCTIONS DESCRIBED.
(a) Blocking of Property.--The President shall, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
block and prohibit all transactions in property and interests in
property of a foreign person described in section 311 if such property
and interests in property are in the United States, come within the
United States, or are or come within the possession or control of a
United States person.
(b) Ineligibility for Visas, Admission, or Parole.--
(1) Visas, admission, or parole.--An alien described in
section 311 shall be--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry
documentation of any alien described in section 311 is
subject to revocation regardless of the issue date of
the visa or other entry documentation.
(B) Immediate effect.--A revocation under
subparagraph (A) shall in accordance with section
221(i) of the Immigration and Nationality Act (8 U.S.C.
1201(i))--
(i) take effect immediately; and
(ii) cancel any other valid visa or entry
documentation that is in the possession of the
alien.
SEC. 313. PENALTIES; WAIVERS; EXCEPTIONS.
(a) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this subtitle or any
regulation, license, or order issued to carry out this subtitle shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 20 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(b) Waiver Authority.--
(1) In general.--The President may waive the imposition of
sanctions under this subtitle if the President determines, and
reports to the appropriate congressional committees, that--
(A) the waiver is needed for humanitarian purposes;
or
(B) the national emergency described in Executive
Order 14059 (86 Fed. Reg. 71549; relating to imposing
sanctions on foreign persons involved in the global
illicit drug trade) has ended.
(2) National security waiver.--The President may waive the
application of sanctions under this subtitle with respect to a
foreign person if the President determines that the waiver is
in the national security interest of the United States.
(c) Exceptions.--
(1) Exception for intelligence activities.--This subtitle
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under this subtitle
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations of the United
States; or
(B) to carry out or assist law enforcement activity
of the United States.
(3) Exception to comply with usmca.--Sanctions under this
subtitle shall not apply in a case in which such sanctions
would conflict with provisions of the USMCA (as defined in
section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502)).
(4) Humanitarian exemption.--The President may not impose
sanctions under this subtitle with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or
for the provision of humanitarian assistance.
SEC. 314. REPORT REQUIRED.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the President shall submit to the
appropriate congressional committees a report on actions taken by the
President with respect to the foreign persons identified under section
311.
Subtitle C--Definitions
SEC. 321. DEFINITIONS.
In this title--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate;
(2) the term ``foreign person'' has the meaning given that
term in section 7203 of the Fentanyl Sanctions Act (21 U.S.C.
2302);
(3) the term ``knowingly'' has the meaning given that term
in section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302);
(4) 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);
(5) the term ``transnational criminal organization''--
(A) means any organization designated as a
significant transnational criminal organization under
part 590 of title 31, Code of Federal Regulations; and
(B) includes--
(i) any of the organizations known as--
(I) the Sinaloa Cartel;
(II) the Jalisco New Generation
Cartel;
(III) the Gulf Cartel;
(IV) the Los Zetas Cartel;
(V) the Juarez Cartel;
(VI) the Tijuana Cartel;
(VII) the Beltran-Levya Cartel;
(VIII) La Familia Michoacana, also
known as the Knights Templar Cartel; or
(IX) La Nueva Familia Michoacan; or
(ii) any successor organization to an
organization described in clause (i) or as
otherwise determined by the President; and
(6) the term ``United States person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) 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
(C) any person in the United States.
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