,i #aahth ,,congress #b;d ,session ,h4 ,r4 #hgja ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjbd ,mr4 ,wenstrup introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,permanent ,select ,committee on ,intelligence1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to reform the ,intelligence ,community1 the intelligence-related activities of the counter-drug mission of the ,united ,states ,government1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,intelligence ,reform and ,transnational ,crime ,prevention ,act of #bjbd4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 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 year2 7#b7 transnational criminal organizations engage in a variety of criminal activities in addition to drug trafficking1 including weapons trafficking1 migrant smuggling1 human trafficking1 cybercrime1 intellectual property theft1 money laundering1 wildlife and timber trafficking1 illegal fishing1 and illegal mining2 7#c7 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 policy2 7#d7 transnational criminal organizations require more than just a law enforcement response1 as their activities affect the global supply chain1 create global instability1 and require the engagement of ,united ,states allies2 7#e7 the intelligence community must have the resources and coordination to adequately address the threat of transnational criminal organizations2 and 7#f7 the ,controlled ,substances ,act and the ,national ,security ,act of #aidg should be amended to include authorities necessary to disrupt and deter the flow of illicit fentanyl into the ,united ,states4 #c4 ,intelligence community support to disrupting and deterring illicit fentanyl 7a7 ,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 7or any successor mechanism established for the prioritization of such programs and activities74 7b7 ,national ,intelligence ,program projects1 programs1 and activities ,the ,director of ,national ,intelligence shall ensure that1 with respect to transnational criminal organizations and individuals engaged in illicit fentanyl and related activities that affect the ,united ,states and ,united ,states citizens1 interests1 and partners-- 7#a7 projects1 programs1 and activities carried out under the ,national ,intelligence ,program shall prioritize the collection and analysis of intelligence with regard to such activities2 and 7#b7 each element of the intelligence community increases resources to identify1 understand1 monitor1 and support actions to disrupt such activities in the global supply chain and to identify and warn of emerging and changing threats1 trends1 and transnational criminal organizations activities related to illicit fentanyl activities4 7c7 ,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 lives4 7d7 ,certain offenses ,the use of the ,classified ,information ,procedures ,act shall apply as needed in support of prosecuting offenses under sections #c and #e of this ,act4 #d4 ,strategic operational planning to disrupt and deter illicit fentanyl 7a7 ,national security threat finding ,congress finds that the ,disrupt ,fentanyl ,trafficking ,act of #bjbc declared fentanyl trafficking a national security threat stemming from drug cartels and smugglers1 directed the ,pentagon to develop a fentanyl-specific counter-drug strategy1 including enhanced cooperation with foreign nations1 required the ,secretary of ,defense to increase security cooperation with the ,mexican military1 and address coordination efforts between the military and ,federal law enforcement agencies4 7b7 ,national ,counterterrorism and ,counternarcotics ,center 7#a7 ,in general ,section #aai of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjef7 is amended to read as follows 7and conforming the table of contents at the beginning of such ,act accordingly73 #aai4 ,national ,counterterrorism and ,counternarcotics ,center 7a7 ,establishment of ,center ,there is within the ,office of the ,director of ,national ,intelligence a ,national ,counterterrorism and ,counternarcotics ,center4 7b7 ,director of ,national ,counterterrorism and ,counternarcotics ,center 7#a7 ,in general ,there is a ,director of the ,national ,counterterrorism and ,counternarcotics ,center1 who shall be the head of the ,national ,counterterrorism and ,counternarcotics ,center1 and who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,prohibition ,the ,director of the ,national ,counterterrorism and ,counternarcotics ,center may not simultaneously serve in any other capacity in the executive branch4 7c7 ,reporting 7#a7 ,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 7#b7 and the ,president with respect to matters described in paragraph 7#c74 7#b7 ,matters reported to ,director of ,national ,intelligence ,the matters described in this paragraph are as follows3 7,a7 ,the budget and programs of the ,national ,counterterrorism and ,counternarcotics ,center4 7,b7 ,the conduct of intelligence operations implemented by other elements of the intelligence community4 7#c7 ,matters reported to ,president ,the matters described in this paragraph are the planning and progress of joint counterterrorism and counternarcotics operations 7other than intelligence operations74 7d7 ,primary missions ,the primary missions of the ,national ,counterterrorism and ,counternarcotics ,center shall be as follows3 7#a7 ,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 terrorism1 counterterrorism1 narcotics1 and counternarcotics excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism4 7#b7 ,to conduct strategic operational planning for counterterrorism and counternarcotics activities1 integrating all instruments of national power1 including diplomatic1 financial1 military1 intelligence1 homeland security1 and law enforcement activities within and among agencies4 7#c7 ,to assign roles and responsibilities as part of its strategic operational planning duties to lead ,departments or agencies1 as appropriate1 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 operations4 7#d7 ,to ensure that agencies1 as appropriate1 have access to and receive all-source intelligence support needed to execute their counterterrorism or coutnernarcotics plans or perform independent1 alternative analysis4 7#e7 ,to ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities4 7#f7 ,to serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups1 known or suspected drug traffickers1 and transnational criminal organizations1 as well as their goals1 strategies1 capabilities1 and networks of contacts and support4 7e7 ,domestic counterterrorism and counternarcotics intelligence 7#a7 ,authority to receive intelligence ,the ,center may1 consistent with applicable law1 the direction of the ,president1 and the guidelines referred to in section #ajb;,a7b71 receive intelligence pertaining exclusively to domestic counterterrorism or counternarcotics from any ,federal1 ,state1 or local government or other source necessary to fulfill its responsibilities and retain and disseminate such intelligence4 7#b7 ,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 responsibilities1 consistent with applicable law and the guidelines referred to in section #ajb;,a7b74 7f7 ,duties and responsibilities of ,director 7#a7 ,in general ,the ,director of the ,national ,counterterrorism and ,counternarcotics ,center shall-- 7,a7 serve as the principal adviser to the ,director of ,national ,intelligence on intelligence operations relating to counterterrorism and counternarcotics2 7,b7 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 boundaries1 both inside and outside the ,united ,states2 7,c7 advise the ,director of ,national ,intelligence on the extent to which the counterterrorism and counternarcotics program recommendations and budget proposals of the departments1 agencies1 and elements of the ,united ,states ,government conform to the priorities established by the ,president2 7,d7 disseminate terrorism and narcotics information1 including current terrorism and narcotics threat analysis1 to the ,president1 the ,vice ,president1 the ,secretaries of ,state1 ,defense1 and ,homeland ,security1 the ,attorney ,general1 the ,director of the ,central ,intelligence ,agency1 and other officials of the executive branch as appropriate1 and to the appropriate committees of ,congress2 7,e7 support the ,department of ,justice and the ,department of ,homeland ,security1 and other appropriate agencies1 in fulfillment of their responsibilities to disseminate terrorism and narcotics information1 consistent with applicable law1 guidelines referred to in section #ajb;,a7b71 ,executive orders and other ,presidential guidance1 to ,state and local government officials1 and other entities1 and coordinate dissemination of terrorism and narcotics information to foreign governments as approved by the ,director of ,national ,intelligence2 7,f7 develop a strategy for-- 7i7 combining terrorist and travel intelligence operations and law enforcement planning and operations into a cohesive effort to intercept terrorists1 find terrorist travel facilitators1 and constrain terrorist mobility2 and 7ii7 combining drug trafficking and supply chains for production and manufacture1 finance1 and distribution of narcotics with law enforcement planning and operations into a cohesive effort to disrupt the flow of narcotics2 7,g7 have primary responsibility within the ,united ,states ,government for conducting net assessments of terrorist and drug trafficking threats2 7,h7 consistent with priorities approved by the ,president1 assist the ,director of ,national ,intelligence in establishing requirements for the intelligence community for the collection of terrorism and narcotics information2 and 7,i7 perform such other duties as the ,director of ,national ,intelligence may prescribe or are prescribed by law4 7#b7 ,rule of construction ,nothing in paragraph 7#a77;,g7 may be construed to limit the authority of the departments and agencies of the ,united ,states to conduct net assessments4 7g7 ,limitation ,the ,director of the ,national ,counterterrorism and ,counternarcotics ,center may not direct the execution of counterterrorism or counternarcotics operations4 7h7 ,resolution of disputes ,the ,director of ,national ,intelligence shall resolve disagreements between the ,national ,counterterrorism and ,counternarcotics ,center and the head of a department1 agency1 or element of the ,united ,states ,government on designations1 assignments1 plans1 or responsibilities under this section4 ,the head of such a department1 agency1 or element may appeal the resolution responsibilities1 consistent with applicable law and the guidelines referred to in section #ajb;,a7b74 4 7#b7 ,conforming amendments 7,a7 ,homeland ,security ,act of #bjjb ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7i7 in section #bja1 by striking ,national ,counterterrorism ,center each place it appears and inserting ,national ,counterterrorism and ,counternarcotics ,center2 and 7ii7 in section #baj;,d1 by striking ,national ,counterterrorism ,center each place it appears and inserting ,national ,counterterrorism and ,counternarcotics ,center4 7,b7 ,executive schedule pay rates ,section #ecac of title #e1 ,united ,states ,code1 is amended by striking ,national ,counterterrorism ,center and inserting ,national ,counterterrorism and ,counternarcotics ,center4 7,c7 ,intelligence ,reform and ,terrorism ,prevention ,act of #bjje 7i7 ,section #gbae of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#f ,u4,s4,c4 #abc7 is amended by striking ,national ,counterterrorism ,center each place it appears and inserting ,national ,counterterrorism and ,counternarcotics ,center4 7ii7 ,section #gbjb of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #aggg7 is amended by striking ,national ,counterterrorism ,center each place it appears and inserting ,national ,counterterrorism and ,counternarcotics ,center4 7,d7 ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba ,section #abii;,f of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#bb ,u4,s4,c4 #bfef;j7 is amended by striking ,national ,counterterrorism ,center each place it appears and inserting ,national ,counterterrorism and ,counternarcotics ,center4 7,e7 ,national ,security ,act of #aidg ,the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended-- 7i7 in section #ajb;,a7f71 by striking ,national ,counterterrorism ,center each place it appears and inserting ,national ,counterterrorism and ,counternarcotics ,center2 and 7ii7 in section #ajc7;c71 by striking ,national ,counterterrorism ,center and inserting ,national ,counterterrorism and ,counternarcotics ,center4 7,f7 ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh ,section #ajgi of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7#ej ,u4,s4,c4 #ccjg7 is amended by striking ,national ,counterterrorism ,center each place it appears and inserting ,national ,counterterrorism and ,counternarcotics ,center4 #e4 ,providing material support for the production1 manufacture1 and distribution of illicit fentanyl1 covered synthetic drugs1 and new psychoactive substances ,chapter #aac;,b of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bcci;,e4 ,providing material support for the production1 manufacture1 and distribution of illicit fentanyl1 covered synthetic drugs1 and new psychoactive substances 7a7 ,offense ,whoever provides material support or resources or conceals or disguises the nature1 location1 source1 or ownership of material support or resources1 knowing or intending that they are to be used in preparation for1 or in carrying out1 a violation of section #ajji of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #iei7 or in preparation for1 or in carrying out1 the concealment of an escape from the commission of any such violation1 or attempts or conspires to do such an act-- 7#a7 in the case of an individual1 shall be fined not more than #aj1jjj1jjj1 imprisoned for not less than #aj years1 or both2 or 7#b7 in the case of an organization1 shall be fined not more than #ej1jjj1jjj4 7b7 ,subsequent offenses 7#a7 ,second offense ,any person who commits a violation described in subsection 7a71 after a prior conviction for a violation described in subsection 7a7 has become final-- 7,a7 in the case of an individual1 shall be fined not more than #bj1jjj1jjj1 imprisoned for not less than #bj years1 or both2 or 7,b7 in the case of an organization1 shall be fined not more than #ge1jjj1jjj4 7#b7 ,additional offense ,any person who commits a violation described in subsection 7a71 after two prior convictions for a violation described in subsection 7a7 have become final-- 7,a7 in the case of an individual1 shall be fined not more than #bj1jjj1jjj1 imprisoned for life1 or both2 or 7,b7 in the case of an organization1 shall be fined not more than #ge1jjj1jjj4 7c7 ,prosecution of violation ,a violation of this section may be prosecuted in any ,federal judicial district in which the underlying offense was committed1 or in any other ,federal judicial district as provided by law4 4 #f4 ,criminal offense with respect to bribery of public officials and foreign officials related to narcotics 7a7 ,bribery of public officials ,whoever directly or indirectly1 corruptly gives1 offers1 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 official1 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 act1 or to influence such person to commit or aid in committing or collude in or allow any drug trafficking offense in violation of section #dja1 #djf1 or #daf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 or make opportunity for the commission of any drug trafficking offense in violation of section #dja1 #djf1 or #daf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 or to induce such public official to do or omit to do any act in violation of the lawful duty of such person1 shall be fined not more than #bj1jjj1jjj1 imprisoned for not more than #be years1 or both4 7b7 ,receipt of certain things of value by public officials ,whoever1 being a public official or foreign official or person selected to be a public official or foreign official1 directly or indirectly1 corruptly demands1 seeks1 receives1 accepts1 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 act1 being influenced to commit or aid in committing or collude in or allow any drug trafficking offense in violation of section #dja1 #djf1 or #daf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 or to make opportunity for the commission of any drug trafficking offense in violation of section #dja1 #djf1 or #daf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 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 #bj1jjj1jjj1 imprisoned for not more than #be years1 or both4 7c7 ,definitions ,for purposes of this section-- 7#a7 the term public official means a ,member of ,congress1 ,delegate1 or ,resident ,commissioner1 or an officer or employee or person acting for or on behalf of the ,united ,states1 or any department1 agency or branch of ,government thereof1 including the ,district of ,columbia1 in any official function1 under or by authority of any such department1 agency1 or branch of ,government1 or a juror2 7#b7 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 official1 or has been officially informed that such person will be so nominated or appointed2 7#c7 the term official act means any decision or action on any question1 matter1 cause1 suit1 proceeding or controversy1 which may at any time be pending1 or which may by law be brought before any public official1 in such official's official capacity1 or in such official's place of trust or profit2 7#d7 the term foreign official means-- 7,a7 7i7 any official or employee of a foreign government or any department1 agency1 or instrumentality thereof2 or 7ii7 any senior foreign political figure1 as defined in section #ajaj4fje of title #ca1 ,code of ,federal ,regulations1 or any successor regulation2 7,b7 any official or employee of a public international organization2 7,c7 any person acting in an official capacity for or on behalf of-- 7i7 a government1 department1 agency1 or instrumentality described in subparagraph 7,a77i72 or 7ii7 a public international organization2 or 7,d7 any person acting in an unofficial capacity for or on behalf of-- 7i7 a government1 department1 agency1 or instrumentality described in subparagraph 7,a77i72 or 7ii7 a public international organization2 and 7#e7 the term public international organization means-- 7,a7 an organization that is designated by ,executive order pursuant to section #a of the ,international ,organizations ,immunities ,act 7#bb ,u4,s4,c4 #bhh72 or 7,b7 any other international organization that is designated by the ,president by ,executive order for the purposes of this section1 effective as of the date of publication of such order in the ,federal ,register4 #g4 ,definitions ,in this ,act3 7#a7 ,the term covered synthetic drug means-- 7,a7 a controlled substance 7as defined in section #ajb7f7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7f777 that was produced1 prepared1 propagated1 compounded1 or processed by means of chemical synthesis or by a combination of extraction and chemical synthesis1 including fentanyl or a fentanyl analogue2 or 7,b7 a new psychoactive substance4 7#b7 ,the term expert advice or assistance means advice or assistance derived from scientific1 technical1 or other specialized knowledge4 7#c7 ,the term illicit fentanyl means fentanyl and any analogue thereof that is manufactured1 distributed1 or dispensed1 or possessed with intent to manufacture1 distribute1 or dispense1 in violation of section #dja1 #djf1 or #daf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda1 #hdf1 #hef74 7#d7 ,the term intelligence community has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#e7 ,the term material support or resources means any property1 tangible or intangible1 or service1 including currency or monetary instruments or financial securities1 financial services1 lodging1 training1 exporting1 importing1 smuggling1 expert advice or assistance1 safehouses1 false documentation or identification1 communications equipment1 facilities1 weapons1 lethal substances1 personnel 7one or more individuals who may be or include oneself71 transportation1 chemical pre-cursors1 covered synthetic drug 7including illicit fentanyl and its analogues71 or new psychoactive substance production equipment 7manufacturing machinery1 die molds1 encapsulation machines1 pressers1 and parts74 7#f7 ,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 trafficking1 including those who solicit1 demand1 or receive bribes1 payments1 or other things of value from drug trafficking organizations4 7#g7 ,the term new psychoactive substance means a psychotropic substance described as of the date of the enactment of this ,act in the #8,convention on ,psychotropic ,substances' 7as such term is defined in section #hjb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7ca77 and that-- 7,a7 is not-- 7i7 included in any schedule as a controlled substance under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 on the date of the enactment of this ,act2 or 7ii7 controlled by the ,single ,convention on ,narcotic ,drugs or the ,convention on ,psychotropic ,susbtances 7as such terms are defined in section #hjb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7ca772 7,b7 is new or has reemerged on the illicit market as of the date of the enactment of this ,act2 and 7,c7 poses a threat to the national security of the ,united ,states1 public health or safety1 as determined by the ,president or ,director of ,national ,intelligence4 4 7#h7 ,the term organization means a person other than an individual4 7#i7 ,the term training means instruction or teaching designed to impart a specific skill1 as opposed to general knowledge4