[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.--Wh