Overview

Title

To reform the Intelligence Community, the intelligence-related activities of the counter-drug mission of the United States Government, and for other purposes.

ELI5 AI

H.R. 8701 is a plan to help stop illegal drugs and make the groups that do bad things with them a top focus for spies. It also talks about really big fines for people who help with bad drug trades and setting up a new big team to work on stopping bad guys and drugs together.

Summary AI

H.R. 8701 aims to reform the Intelligence Community and enhance the U.S. Government’s counter-drug efforts, particularly in combating the illegal fentanyl trade. The bill proposes making the disruption of transnational criminal organizations a top priority for national intelligence, mandates annual intelligence briefings on fentanyl-related activities, and introduces new legal penalties for supporting the illicit trade of fentanyl and related substances. It also calls for the creation of a National Counterterrorism and Counternarcotics Center to improve coordination and integrate various governmental efforts against terrorism and narcotics.

Published

2024-06-11
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-06-11
Package ID: BILLS-118hr8701ih

Bill Statistics

Size

Sections:
9
Words:
4,574
Pages:
24
Sentences:
67

Language

Nouns: 1,402
Verbs: 363
Adjectives: 279
Adverbs: 23
Numbers: 166
Entities: 206

Complexity

Average Token Length:
4.68
Average Sentence Length:
68.27
Token Entropy:
5.39
Readability (ARI):
38.30

AnalysisAI

The proposed legislation, titled the "Intelligence Reform and Transnational Crime Prevention Act of 2024," aims to overhaul aspects of the U.S. Intelligence Community’s approach to handling transnational organized crime, particularly illicit fentanyl trafficking. It seeks to address the escalating threat posed by criminal organizations whose activities include but are not limited to drug trafficking, cybercrime, and human trafficking. The bill also proposes establishing a National Counterterrorism and Counternarcotics Center to guide and strategize against these threats.

General Summary

The bill declares the trafficking of illegal fentanyl a national security threat and outlines priorities for the U.S. intelligence community to combat it. Notably, the legislation mandates that the Director of National Intelligence prioritize efforts to disrupt fentanyl trafficking and hold annual briefings to Congress on progress. It further plans to merge the counterterrorism and counternarcotics functions into a single center within the Office of the Director of National Intelligence.

Significant Issues

One of the significant issues identified in the bill is the potential overlap and redundancy with existing agencies due to the establishment of a new National Counterterrorism and Counternarcotics Center. This overlap could amplify government spending unnecessarily if the new center does not utilize existing infrastructure efficiently.

The penalties outlined for providing material support for fentanyl-related crimes are extremely high, with fines reaching $75 million and potential life imprisonment. The harshness of these penalties may raise concerns about the proportionality and consistency in enforcement, especially given the current legal frameworks surrounding drug offenses.

The definition of "material support or resources" is noted as vague, which can lead to differing interpretations and enforcement challenges. Concerns are also raised about privacy and civil liberties with the new center's authority to receive intelligence from various jurisdictions without explicit safeguards.

Finally, issues around the broad definition of "public official" and associated acts raise concerns about potential overreach, which could complicate enforcement and prosecution in bribery cases.

Public and Stakeholder Impact

For the broader public, the bill's focus on dismantling drug trafficking networks addresses significant health and safety concerns linked to the opioid crisis. However, the potential for increased government spending and legal ambiguities might impact taxpayers and the efficacy of law enforcement efforts.

For government agencies and the intelligence community, the unification of counterterrorism and counternarcotics efforts can streamline operations, fostering better communication and planning. However, it also demands careful coordination to prevent redundancy with existing structures, which might otherwise dilute the effectiveness of these efforts.

Community leaders and drug policy advocates may view the bill's comprehensive approach positively, underscoring the necessity of addressing not just drug trafficking but related criminal activities. Nevertheless, civil liberty groups might express apprehension over the broad data collection and intelligence-sharing provisions that do not explicitly safeguard privacy.

Foreign governments and international organizations might face increased scrutiny, as the bill expands the definition of bribery and public officials, possibly impacting diplomatic relations if interpreted broadly.

Overall, while the bill represents an earnest attempt to address the complex threat of transnational crime and drug trafficking, stakeholders will need to critically assess its implementation to maximize benefits and minimize drawbacks. By addressing these significant issues and considering the bill's substantial impacts, policymakers can refine the legislation to effectively balance national security interests with civil liberties and economic considerations.

Financial Assessment

In reviewing H.R. 8701, a bill aimed at reforming the Intelligence Community and enhancing the U.S. Government’s counter-drug efforts, several financial implications and references are noted. These aspects are crucial to understanding how the bill addresses funding and financial penalties within its broader legislative scope.

Financial Penalties and Fines

The bill introduces substantial financial penalties for offenses related to illicit activities involving fentanyl and other synthetic drugs. Specifically, individuals could face fines of up to $10,000,000 and organizations up to $50,000,000 for providing material support for the production, manufacture, and distribution of these substances. In cases of subsequent offenses, individual fines can rise to $20,000,000, with the possibility of life imprisonment, while organizational fines can reach $75,000,000. Such hefty fines indicate the seriousness with which the bill addresses these offenses and aim to deter involvement in illegal drug activities.

This approach directly relates to one of the identified issues: the proportionality of these penalties. While the severity of the fines underscores the government's commitment to tackling the drug crisis, it raises concerns about the fairness and consistency in enforcement. Critics might argue that such financial penalties need careful implementation to ensure they are applied equitably across different cases.

Potential Overlap and Increased Spending

The bill's proposal to establish a National Counterterrorism and Counternarcotics Center could potentially increase government spending. This new center may overlap with existing agencies, raising questions about the necessity and efficiency of allocating resources to a new entity when existing structures might suffice. The establishment of a new center could involve significant initial and ongoing financial allocations, particularly concerning staffing, operations, and integration with other governmental efforts.

This concern ties to the issue of potentially increased government spending without clear necessity. Enhancing coordination among existing agencies might be a more cost-effective approach than creating a new center. Ensuring fiscal responsibility while pursuing the bill's objectives would require careful justification of any additional spending.

Lack of Specific Financial Appropriations

Interestingly, the bill does not specify particular financial appropriations or allocations for its initiatives. This absence could lead to uncertainties in how the proposed actions, such as the strategic operational planning and integration efforts, will be funded. Without designated funding sources, the implementation of these initiatives might face challenges, potentially hindering their effectiveness.

Overall, the financial elements of H.R. 8701, particularly regarding fines and potential new spending, highlight important considerations. The bill aims to enforce strict penalties to deter illegal drug activities while proposing structural changes that could impact governmental spending. Balancing these financial aspects is crucial to ensuring the bill's objectives are met efficiently and fairly.

Issues

  • The establishment of a new National Counterterrorism and Counternarcotics Center may lead to overlap with existing agencies, potentially increasing government spending without clear necessity. (Section 4, Section 119)

  • The penalties for providing material support for illicit fentanyl and related drugs are significant, with fines up to $75,000,000 and potential life imprisonment, raising concerns about proportionality and consistency in enforcement. (Section 5, Section 2339E)

  • The language regarding 'material support or resources' is vague and lacks a clear definition, which could lead to varying interpretations and potential legal ambiguity. (Section 5, Section 2339E, Section 7)

  • The change from 'National Counterterrorism Center' to 'National Counterterrorism and Counternarcotics Center' across various Acts might create confusion or inconsistency if not consistently applied. (Section 4, Section 119)

  • The definition of 'foreign official' is extensive and includes unofficial capacities, which may lead to broad interpretations and potential overreach in enforcement. (Section 6)

  • The provision allowing prosecution of offenses in any Federal judicial district could lead to concerns about forum shopping by prosecutors, affecting fairness in legal proceedings. (Section 5, Section 2339E)

  • There is no specific accountability or performance metrics mentioned for evaluating the intelligence community's efforts in disrupting illicit fentanyl activities, risking inefficiencies. (Section 3)

  • The authorization for the National Counterterrorism and Counternarcotics Center to receive intelligence from various sources lacks explicit privacy safeguards, raising concerns about data privacy and civil liberties. (Section 4, Section 119)

  • The section on bribery of public officials includes a wide definition of 'official act,' which might create ambiguities in determining what actions constitute an offense. (Section 6)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section provides the short title for this Act, stating that it can be called the “Intelligence Reform and Transnational Crime Prevention Act of 2024.”

2. Sense of Congress Read Opens in new tab

Summary AI

Congress believes that transnational organized crime is a major threat to national security, influencing a wide array of illegal activities beyond drug trafficking, such as human trafficking and cybercrime. They assert that a broader approach beyond law enforcement is needed and advocate for changes to existing laws to better combat these crimes, especially in stemming the flow of illegal fentanyl into the United States.

3. Intelligence community support to disrupting and deterring illicit fentanyl Read Opens in new tab

Summary AI

The section of the bill directs the Director of National Intelligence to make combating illicit fentanyl a top priority within the National Intelligence Priorities Framework. It requires intelligence projects and activities to focus on disrupting criminal organizations involved in fentanyl, increasing resources to manage these threats, and mandates annual briefings to Congress on the efforts and outcomes. Additionally, it allows for the use of classified information procedures in prosecuting related offenses.

4. Strategic operational planning to disrupt and deter illicit fentanyl Read Opens in new tab

Summary AI

Congress is updating the law to officially recognize fentanyl trafficking as a national security threat. They are also establishing the National Counterterrorism and Counternarcotics Center to lead efforts in analyzing and planning strategies to counter terrorism and drug trafficking, ensuring government agencies work together effectively while sharing crucial intelligence information.

119. National Counterterrorism and Counternarcotics Center Read Opens in new tab

Summary AI

The National Counterterrorism and Counternarcotics Center is established to focus on analyzing and integrating intelligence about terrorism and narcotics, planning related operations, and supporting other agencies. The director of this center, appointed by the President, is the key advisor to the Director of National Intelligence and is responsible for providing strategic plans, disseminating important intelligence, and coordinating efforts across various government entities without directing operational execution.

5. Providing material support for the production, manufacture, and distribution of illicit fentanyl, covered synthetic drugs, and new psychoactive substances Read Opens in new tab

Summary AI

The newly added § 2339E in the United States Code makes it a serious crime to provide or hide support for illegal fentanyl or other synthetic drugs, with individuals risking up to $10 million fines and 10 years in prison for the first offense. Organizations could face fines up to $50 million, with harsher penalties, including life imprisonment for individuals, for repeat offenses.

Money References

  • 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.”.

2339E. Providing material support for the production, manufacture, and distribution of illicit fentanyl, covered synthetic drugs, and new psychoactive substances Read Opens in new tab

Summary AI

The section outlines penalties for giving material support related to illegal fentanyl or other synthetic drugs. Individuals may face heavy fines or long prison sentences, and organizations can also receive hefty fines if involved in these illegal activities, with more severe consequences for repeat offenses.

Money References

  • (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. ---

6. Criminal offense with respect to bribery of public officials and foreign officials related to narcotics Read Opens in new tab

Summary AI

The section outlines legal penalties for bribery involving public and foreign officials related to drug trafficking crimes, including potential fines of up to $20 million and imprisonment for up to 25 years. It also defines key terms such as "public official," "foreign official," and "public international organization" to clarify the scope of individuals and entities covered under these bribery offenses.

Money References

  • (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.

7. Definitions Read Opens in new tab

Summary AI

In this section, several terms are defined as they relate to the bill, including "covered synthetic drug" which refers to certain controlled substances made through chemical synthesis, and "new psychoactive substance" which refers to psychotropic substances not controlled by existing drug conventions but that are a national security threat. It also defines "illicit fentanyl," types of "material support or resources" which can include anything from currency to weapons, and "narco-corruption" as bribery linked to drug trafficking. Other terms like "expert advice or assistance," "intelligence community," "organization," and "training" are also explained.