[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8701 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8701
To reform the Intelligence Community, the intelligence-related
activities of the counter-drug mission of the United States Government,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2024
Mr. Wenstrup introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Permanent Select
Committee on Intelligence, 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 reform the Intelligence Community, the intelligence-related
activities of the counter-drug mission of the United States Government,
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.
This Act may be cited as the ``Intelligence Reform and
Transnational Crime Prevention Act of 2024''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) transnational organized crime poses a significant
threat to national security and contributes directly to the
tens of thousands of illicit fentanyl overdoses in the United
States each year;
(2) transnational criminal organizations engage in a
variety of criminal activities in addition to drug trafficking,
including weapons trafficking, migrant smuggling, human
trafficking, cybercrime, intellectual property theft, money
laundering, wildlife and timber trafficking, illegal fishing,
and illegal mining;
(3) the threat of transnational criminal organizations
continues to escalate as criminal organizations expand in size
and influence and adapt to existing United States strategy and
policy;
(4) transnational criminal organizations require more than
just a law enforcement response, as their activities affect the
global supply chain, create global instability, and require the
engagement of United States allies;
(5) the intelligence community must have the resources and
coordination to adequately address the threat of transnational
criminal organizations; and
(6) the Controlled Substances Act and the National Security
Act of 1947 should be amended to include authorities necessary
to disrupt and deter the flow of illicit fentanyl into the
United States.
SEC. 3. INTELLIGENCE COMMUNITY SUPPORT TO DISRUPTING AND DETERRING
ILLICIT FENTANYL.
(a) National Intelligence Priorities Framework.--The Director of
National Intelligence shall ensure that disrupting transnational
criminal organizations and individuals engaged in illicit fentanyl and
related activities to the United States shall be among the highest
priorities in the National Intelligence Priorities Framework of the
Office of the Director of National Intelligence (or any successor
mechanism established for the prioritization of such programs and
activities).
(b) National Intelligence Program Projects, Programs, and
Activities.--The Director of National Intelligence shall ensure that,
with respect to transnational criminal organizations and individuals
engaged in illicit fentanyl and related activities that affect the
United States and United States citizens, interests, and partners--
(1) projects, programs, and activities carried out under
the National Intelligence Program shall prioritize the
collection and analysis of intelligence with regard to such
activities; and
(2) each element of the intelligence community increases
resources to identify, understand, monitor, and support actions
to disrupt such activities in the global supply chain and to
identify and warn of emerging and changing threats, trends, and
transnational criminal organizations activities related to
illicit fentanyl activities.
(c) Annual Brief.--The head of each element of the intelligence
community shall provide to the Permanent Select Committee on
Intelligence of the House of Representatives and Select Committee on
Intelligence of the Senate an annual briefing with respect to
intelligence products developed by such element that informed strategic
operational planning and supported United States government actions to
deter illicit fentanyl and save American lives.
(d) Certain Offenses.--The use of the Classified Information
Procedures Act shall apply as needed in support of prosecuting offenses
under sections 3 and 5 of this Act.
SEC. 4. STRATEGIC OPERATIONAL PLANNING TO DISRUPT AND DETER ILLICIT
FENTANYL.
(a) National Security Threat Finding.--Congress finds that the
Disrupt Fentanyl Trafficking Act of 2023 declared fentanyl trafficking
a national security threat stemming from drug cartels and smugglers,
directed the Pentagon to develop a fentanyl-specific counter-drug
strategy, including enhanced cooperation with foreign nations, required
the Secretary of Defense to increase security cooperation with the
Mexican military, and address coordination efforts between the military
and Federal law enforcement agencies.
(b) National Counterterrorism and Counternarcotics Center.--
(1) In general.--Section 119 of the National Security Act
of 1947 (50 U.S.C. 3056) is amended to read as follows (and
conforming the table of contents at the beginning of such Act
accordingly):
``SEC. 119. NATIONAL COUNTERTERRORISM AND COUNTERNARCOTICS CENTER.
``(a) Establishment of Center.--There is within the Office of the
Director of National Intelligence a National Counterterrorism and
Counternarcotics Center.
``(b) Director of National Counterterrorism and Counternarcotics
Center.--
``(1) In general.--There is a Director of the National
Counterterrorism and Counternarcotics Center, who shall be the
head of the National Counterterrorism and Counternarcotics
Center, and who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(2) Prohibition.--The Director of the National
Counterterrorism and Counternarcotics Center may not
simultaneously serve in any other capacity in the executive
branch.
``(c) Reporting.--
``(1) Requirement.--The Director of the National
Counterterrorism and Counternarcotics Center shall report to
the Director of National Intelligence with respect to matters
described in paragraph (2) and the President with respect to
matters described in paragraph (3).
``(2) Matters reported to director of national
intelligence.--The matters described in this paragraph are as
follows:
``(A) The budget and programs of the National
Counterterrorism and Counternarcotics Center.
``(B) The conduct of intelligence operations
implemented by other elements of the intelligence
community.
``(3) Matters reported to president.--The matters described
in this paragraph are the planning and progress of joint
counterterrorism and counternarcotics operations (other than
intelligence operations).
``(d) Primary Missions.--The primary missions of the National
Counterterrorism and Counternarcotics Center shall be as follows:
``(1) To serve as the primary organization in the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to terrorism, counterterrorism,
narcotics, and counternarcotics excepting intelligence
pertaining exclusively to domestic terrorists and domestic
counterterrorism.
``(2) To conduct strategic operational planning for
counterterrorism and counternarcotics activities, integrating
all instruments of national power, including diplomatic,
financial, military, intelligence, homeland security, and law
enforcement activities within and among agencies.
``(3) To assign roles and responsibilities as part of its
strategic operational planning duties to lead Departments or
agencies, as appropriate, for counterterrorism and
counternarcotics activities that are consistent with applicable
law and that support counterterrorism and counternarcotics
strategic operational plans but shall not direct the execution
of any resulting operations.
``(4) To ensure that agencies, as appropriate, have access
to and receive all-source intelligence support needed to
execute their counterterrorism or coutnernarcotics plans or
perform independent, alternative analysis.
``(5) To ensure that such agencies have access to and
receive intelligence needed to accomplish their assigned
activities.
``(6) To serve as the central and shared knowledge bank on
known and suspected terrorists and international terror groups,
known or suspected drug traffickers, and transnational criminal
organizations, as well as their goals, strategies,
capabilities, and networks of contacts and support.
``(e) Domestic Counterterrorism and Counternarcotics
Intelligence.--
``(1) Authority to receive intelligence.--The Center may,
consistent with applicable law, the direction of the President,
and the guidelines referred to in section 102A(b), receive
intelligence pertaining exclusively to domestic
counterterrorism or counternarcotics from any Federal, State,
or local government or other source necessary to fulfill its
responsibilities and retain and disseminate such intelligence.
``(2) Request of information from center.--Any agency
authorized to conduct counterterrorism or counternarcotics
activities may request information from the Center to assist it
in its responsibilities, consistent with applicable law and the
guidelines referred to in section 102A(b).
``(f) Duties and Responsibilities of Director.--
``(1) In general.--The Director of the National
Counterterrorism and Counternarcotics Center shall--
``(A) serve as the principal adviser to the
Director of National Intelligence on intelligence
operations relating to counterterrorism and
counternarcotics;
``(B) provide strategic operational plans for the
civilian and military counterterrorism and
counternarcotics efforts of the United States
Government and for the effective integration of
counterterrorism and counternarcotics intelligence and
operations across agency boundaries, both inside and
outside the United States;
``(C) advise the Director of National Intelligence
on the extent to which the counterterrorism and
counternarcotics program recommendations and budget
proposals of the departments, agencies, and elements of
the United States Government conform to the priorities
established by the President;
``(D) disseminate terrorism and narcotics
information, including current terrorism and narcotics
threat analysis, to the President, the Vice President,
the Secretaries of State, Defense, and Homeland
Security, the Attorney General, the Director of the
Central Intelligence Agency, and other officials of the
executive branch as appropriate, and to the appropriate
committees of Congress;
``(E) support the Department of Justice and the
Department of Homeland Security, and other appropriate
agencies, in fulfillment of their responsibilities to
disseminate terrorism and narcotics information,
consistent with applicable law, guidelines referred to
in section 102A(b), Executive orders and other
Presidential guidance, to State and local government
officials, and other entities, and coordinate
dissemination of terrorism and narcotics information to
foreign governments as approved by the Director of
National Intelligence;
``(F) develop a strategy for--
``(i) combining terrorist and travel
intelligence operations and law enforcement
planning and operations into a cohesive effort
to intercept terrorists, find terrorist travel
facilitators, and constrain terrorist mobility;
and
``(ii) combining drug trafficking and
supply chains for production and manufacture,
finance, and distribution of narcotics with law
enforcement planning and operations into a
cohesive effort to disrupt the flow of
narcotics;
``(G) have primary responsibility within the United
States Government for conducting net assessments of
terrorist and drug trafficking threats;
``(H) consistent with priorities approved by the
President, assist the Director of National Intelligence
in establishing requirements for the intelligence
community for the collection of terrorism and narcotics
information; and
``(I) perform such other duties as the Director of
National Intelligence may prescribe or are prescribed
by law.
``(2) Rule of construction.--Nothing in paragraph (1)(G)
may be construed to limit the authority of the departments and
agencies of the United States to conduct net assessments.
``(g) Limitation.--The Director of the National Counterterrorism
and Counternarcotics Center may not direct the execution of
counterterrorism or counternarcotics operations.
``(h) Resolution of Disputes.--The Director of National
Intelligence shall resolve disagreements between the National
Counterterrorism and Counternarcotics Center and the head of a
department, agency, or element of the United States Government on
designations, assignments, plans, or responsibilities under this
section. The head of such a department, agency, or element may appeal
the resolution responsibilities, consistent with applicable law and the
guidelines referred to in section 102A(b).''.
(2) Conforming amendments.--
(A) Homeland security act of 2002.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(i) in section 201, by striking ``National
Counterterrorism Center'' each place it appears
and inserting ``National Counterterrorism and
Counternarcotics Center''; and
(ii) in section 210D, by striking
``National Counterterrorism Center'' each place
it appears and inserting ``National
Counterterrorism and Counternarcotics Center''.
(B) Executive schedule pay rates.--Section 5313 of
title 5, United States Code, is amended by striking
``National Counterterrorism Center'' and inserting
``National Counterterrorism and Counternarcotics
Center''.
(C) Intelligence reform and terrorism prevention
act of 2005.--
(i) Section 7215 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
123) is amended by striking ``National
Counterterrorism Center'' each place it appears
and inserting ``National Counterterrorism and
Counternarcotics Center''.
(ii) Section 7202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1777) is amended by striking ``National
Counterterrorism Center'' each place it appears
and inserting ``National Counterterrorism and
Counternarcotics Center''.
(D) William m. (mac) thornberry national defense
authorization act for fiscal year 2021.--Section 1299F
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (22 U.S.C.
2656j) is amended by striking ``National
Counterterrorism Center'' each place it appears and
inserting ``National Counterterrorism and
Counternarcotics Center''.
(E) National security act of 1947.--The National
Security Act of 1947 (50 U.S.C. 3001 et seq.) is
amended--
(i) in section 102A(f), by striking
``National Counterterrorism Center'' each place
it appears and inserting ``National
Counterterrorism and Counternarcotics Center'';
and
(ii) in section 103(c), by striking
``National Counterterrorism Center'' and
inserting ``National Counterterrorism and
Counternarcotics Center''.
(F) National defense authorization act for fiscal
year 2008.--Section 1079 of the National Defense
Authorization Act for Fiscal Year 2008 (50 U.S.C. 3307)
is amended by striking ``National Counterterrorism
Center'' each place it appears and inserting ``National
Counterterrorism and Counternarcotics Center''.
SEC. 5. PROVIDING MATERIAL SUPPORT FOR THE PRODUCTION, MANUFACTURE, AND
DISTRIBUTION OF ILLICIT FENTANYL, COVERED SYNTHETIC
DRUGS, AND NEW PSYCHOACTIVE SUBSTANCES.
Chapter 113B of title 18, United States Code, is amended by adding
at the end the following:
``Sec. 2339E. Providing material support for the production,
manufacture, and distribution of illicit fentanyl,
covered synthetic drugs, and new psychoactive substances
``(a) Offense.--Whoever provides material support or resources or
conceals or disguises the nature, location, source, or ownership of
material support or resources, knowing or intending that they are to be
used in preparation for, or in carrying out, a violation of section
1009 of the Controlled Substances Act (21 U.S.C. 959) or in preparation
for, or in carrying out, the concealment of an escape from the
commission of any such violation, or attempts or conspires to do such
an act--
``(1) in the case of an individual, shall be fined not more
than $10,000,000, imprisoned for not less than 10 years, or
both; or
``(2) in the case of an organization, shall be fined not
more than $50,000,000.
``(b) Subsequent Offenses.--
``(1) Second offense.--Any person who commits a violation
described in subsection (a), after a prior conviction for a
violation described in subsection (a) has become final--
``(A) in the case of an individual, shall be fined
not more than $20,000,000, imprisoned for not less than
20 years, or both; or
``(B) in the case of an organization, shall be
fined not more than $75,000,000.
``(2) Additional offense.--Any person who commits a
violation described in subsection (a), after two prior
convictions for a violation described in subsection (a) have
become final--
``(A) in the case of an individual, shall be fined
not more than $20,000,000, imprisoned for life, or
both; or
``(B) in the case of an organization, shall be
fined not more than $75,000,000.
``(c) Prosecution of Violation.--A violation of this section may be
prosecuted in any Federal judicial district in which the underlying
offense was committed, or in any other Federal judicial district as
provided by law.''.
SEC. 6. CRIMINAL OFFENSE WITH RESPECT TO BRIBERY OF PUBLIC OFFICIALS
AND FOREIGN OFFICIALS RELATED TO NARCOTICS.
(a) Bribery of Public Officials.--Whoever directly or indirectly,
corruptly gives, offers, or promises anything of value to any public
official or foreign official or person who has been selected to be a
public official or foreign official, or offers or promises any public
official or foreign official or any person who has been selected to be
a public official or foreign official anything of value with intent to
influence any official act, or to influence such person to commit or
aid in committing or collude in or allow any drug trafficking offense
in violation of section 401, 406, or 416 of the Controlled Substances
Act (21 U.S.C. 801 et seq.), or make opportunity for the commission of
any drug trafficking offense in violation of section 401, 406, or 416
of the Controlled Substances Act (21 U.S.C. 801 et seq.), or to induce
such public official to do or omit to do any act in violation of the
lawful duty of such person, shall be fined not more than $20,000,000,
imprisoned for not more than 25 years, or both.
(b) Receipt of Certain Things of Value by Public Officials.--
Whoever, being a public official or foreign official or person selected
to be a public official or foreign official, directly or indirectly,
corruptly demands, seeks, receives, accepts, or agrees to receive or
accept anything of value personally or for any other person in return
for being influenced in the performance of any official act, being
influenced to commit or aid in committing or collude in or allow any
drug trafficking offense in violation of section 401, 406, or 416 of
the Controlled Substances Act (21 U.S.C. 801 et seq.), or to make
opportunity for the commission of any drug trafficking offense in
violation of section 401, 406, or 416 of the Controlled Substances Act
(21 U.S.C. 801 et seq.), or being induced to do or omit to do any act
in violation of the official duty of such official or person shall be
fined not more than $20,000,000, imprisoned for not more than 25 years,
or both.
(c) Definitions.--For purposes of this section--
(1) the term ``public official'' means a Member of
Congress, Delegate, or Resident Commissioner, or an officer or
employee or person acting for or on behalf of the United
States, or any department, agency or branch of Government
thereof, including the District of Columbia, in any official
function, under or by authority of any such department, agency,
or branch of Government, or a juror;
(2) the term ``person who has been selected to be a public
official'' means any person who has been nominated or appointed
to be a public official, or has been officially informed that
such person will be so nominated or appointed;
(3) the term ``official act'' means any decision or action
on any question, matter, cause, suit, proceeding or
controversy, which may at any time be pending, or which may by
law be brought before any public official, in such official's
official capacity, or in such official's place of trust or
profit;
(4) the term ``foreign official'' means--
(A)(i) any official or employee of a foreign
government or any department, agency, or
instrumentality thereof; or
(ii) any senior foreign political figure,
as defined in section 1010.605 of title 31,
Code of Federal Regulations, or any successor
regulation;
(B) any official or employee of a public
international organization;
(C) any person acting in an official capacity for
or on behalf of--
(i) a government, department, agency, or
instrumentality described in subparagraph
(A)(i); or
(ii) a public international organization;
or
(D) any person acting in an unofficial capacity for
or on behalf of--
(i) a government, department, agency, or
instrumentality described in subparagraph
(A)(i); or
(ii) a public international organization;
and
(5) the term ``public international organization'' means--
(A) an organization that is designated by Executive
order pursuant to section 1 of the International
Organizations Immunities Act (22 U.S.C. 288); or
(B) any other international organization that is
designated by the President by Executive order for the
purposes of this section, effective as of the date of
publication of such order in the Federal Register.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``covered synthetic drug'' means--
(A) a controlled substance (as defined in section
102(6) of the Controlled Substances Act (21 U.S.C.
802(6))) that was produced, prepared, propagated,
compounded, or processed by means of chemical synthesis
or by a combination of extraction and chemical
synthesis, including fentanyl or a fentanyl analogue;
or
(B) a new psychoactive substance.
(2) The term ``expert advice or assistance'' means advice
or assistance derived from scientific, technical, or other
specialized knowledge.
(3) The term ``illicit fentanyl'' means fentanyl and any
analogue thereof that is manufactured, distributed, or
dispensed, or possessed with intent to manufacture, distribute,
or dispense, in violation of section 401, 406, or 416 of the
Controlled Substances Act (21 U.S.C. 841, 846, 856).
(4) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(5) The term ``material support or resources'' means any
property, tangible or intangible, or service, including
currency or monetary instruments or financial securities,
financial services, lodging, training, exporting, importing,
smuggling, expert advice or assistance, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, personnel (one or more
individuals who may be or include oneself), transportation,
chemical pre-cursors, covered synthetic drug (including illicit
fentanyl and its analogues), or new psychoactive substance
production equipment (manufacturing machinery, die molds,
encapsulation machines, pressers, and parts).
(6) The term ``narco-corruption'' means for those who offer
bribes and those who receive bribes and public official or
foreign officials engaged in narco-corruption related to drug
trafficking, including those who solicit, demand, or receive
bribes, payments, or other things of value from drug
trafficking organizations.
(7) The term ``new psychoactive substance'' means a
psychotropic substance described as of the date of the
enactment of this Act in the `Convention on Psychotropic
Substances' (as such term is defined in section 802 of the
Controlled Substances Act (21 U.S.C. 802(31)) and that--
(A) is not--
(i) included in any schedule as a
controlled substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) on the
date of the enactment of this Act; or
(ii) controlled by the Single Convention on
Narcotic Drugs or the Convention on
Psychotropic Susbtances (as such terms are
defined in section 802 of the Controlled
Substances Act (21 U.S.C. 802(31));
(B) is new or has reemerged on the illicit market
as of the date of the enactment of this Act; and
(C) poses a threat to the national security of the
United States, public health or safety, as determined
by the President or Director of National Intelligence.
.
(8) The term ``organization'' means a person other than an
individual.
(9) The term ``training'' means instruction or teaching
designed to impart a specific skill, as opposed to general
knowledge.
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