Section 1 Short title
This Act may be cited as the “Intelligence Reform and Transnational Crime Prevention Act of 2024”.
Intelligence Reform and Transnational Crime Prevention Act of 2024
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.
Sec. 2 Sense of Congress
It is the sense of Congress that—
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;
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;
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;
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;
the intelligence community must have the resources and coordination to adequately address the threat of transnational criminal organizations; and
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
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).
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—
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
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.
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.
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
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.
National Counterterrorism and Counternarcotics Center—
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):
“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).”
Conforming amendments—
in section 201, by striking “National Counterterrorism Center” each place it appears and inserting “National Counterterrorism and Counternarcotics Center”; and
in section 210D, by striking “National Counterterrorism Center” each place it appears and inserting “National Counterterrorism and Counternarcotics Center”.
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”.
Intelligence Reform and Terrorism Prevention Act of 2005—
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”.
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”.
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”.
National Security Act of 1947— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
in section 102A(f), by striking “National Counterterrorism Center” each place it appears and inserting “National Counterterrorism and Counternarcotics Center”; and
in section 103(c), by striking “National Counterterrorism Center” and inserting “National Counterterrorism and Counternarcotics Center”.
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:
“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
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.
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.
Definitions— For purposes of this section—
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;
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;
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;
the term foreign official means—
any official or employee of a foreign government or any department, agency, or instrumentality thereof; or
any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regulation;
any official or employee of a public international organization;
any person acting in an official capacity for or on behalf of—
a government, department, agency, or instrumentality described in subparagraph (A)(i); or
a public international organization; or
any person acting in an unofficial capacity for or on behalf of—
a government, department, agency, or instrumentality described in subparagraph (A)(i); or
a public international organization; and
the term public international organization means—
an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or
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:
The term covered synthetic drug means—
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
a new psychoactive substance.
The term expert advice or assistance means advice or assistance derived from scientific, technical, or other specialized knowledge.
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).
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).
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).
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.
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—
is not—
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
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));
is new or has reemerged on the illicit market as of the date of the enactment of this Act; and
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. .
The term organization means a person other than an individual.
The term training means instruction or teaching designed to impart a specific skill, as opposed to general knowledge.