Project Precursor Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3205 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3205

   To disrupt the international fentanyl supply chain, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

  Mr. McCaul introduced the following bill; which was referred to the 
Committee on Foreign Affairs, and in addition to the Committees on the 
Judiciary, Oversight and Accountability, and Financial Services, 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 disrupt the international fentanyl supply chain, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Project Precursor 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
TITLE I--DEPARTMENT OF STATE BUREAU OF INTERNATIONAL NARCOTICS AND LAW 
  ENFORCEMENT AFFAIRS, BUREAU OF GLOBAL PUBLIC AFFAIRS, AND BUREAU OF 
                       INTELLIGENCE AND RESEARCH

Sec. 101. Authorizations to strengthen Mexican law enforcement capacity 
                            to disrupt fentanyl supply chains.
Sec. 102. Public diplomacy as a weapon to delegitimize cartels and 
                            disrupt criminal recruitment.
Sec. 103. Chinese operations in Mexico.
Sec. 104. Relevant congressional committees defined.
                 TITLE II--CHEMICAL WEAPONS CONVENTION

Sec. 201. Actions to seek to amend the chemical weapons convention to 
                            include covered fentanyl substances on 
                            schedule 1, 2, or 3 of the annex on 
                            chemicals to the chemical weapons 
                            convention.
                TITLE III--SANCTIONS AND OTHER PENALTIES

    Subtitle A--Modification and Extension of Fentanyl Sanctions Act

Sec. 301. Determination and report on additional foreign opioid 
                            traffickers.
Sec. 302. Termination.
     Subtitle B--Sanctions With Respect to Transnational Criminal 
                             Organizations

Sec. 311. Imposition of sanctions.
Sec. 312. Sanctions described.
Sec. 313. Penalties; waivers; exceptions.
Sec. 314. Report required.
                        Subtitle C--Definitions

Sec. 321. Definitions.

TITLE I--DEPARTMENT OF STATE BUREAU OF INTERNATIONAL NARCOTICS AND LAW 
  ENFORCEMENT AFFAIRS, BUREAU OF GLOBAL PUBLIC AFFAIRS, AND BUREAU OF 
                       INTELLIGENCE AND RESEARCH

SEC. 101. AUTHORIZATIONS TO STRENGTHEN MEXICAN LAW ENFORCEMENT CAPACITY 
              TO DISRUPT FENTANYL SUPPLY CHAINS.

    (a) Authorization of Program.--Notwithstanding section 660 of the 
Foreign Affairs Assistance Act of 1961 (22 U.S.C. 2420), the Secretary 
of State, acting through the Assistant Secretary of the Bureau of 
International Narcotics and Law Enforcement Affairs, is authorized to 
carry out a program to build the capacity of Mexican law enforcement 
agencies to prevent the transit, trafficking, and distribution of 
fentanyl and its precursor chemicals and analogues into the United 
States from Mexico.
    (b) Program Elements.--The program authorized by subsection (a) 
shall include projects and activities, at a minimum, that address--
            (1) canine unit support for drug detection;
            (2) disrupting fentanyl trafficking in express consignment, 
        as well as in postal, shipping, and transportation operations 
        conducted by the Government and private business sectors;
            (3) forensic chemist information exchanges, equipment, and 
        drug profiling;
            (4) efforts meant to increase Mexican Federal and state 
        laboratory forensic accreditation to identify fentanyl and 
        other drugs;
            (5) efforts to increase the number of handheld synthetic 
        drug detection devices;
            (6) the provision of equipment and training related to 
        identifying and dismantling clandestine laboratories that 
        produce synthetic drugs;
            (7) efforts proven to reduce diversion of precursor 
        chemicals from licit to illicit purposes;
            (8) precursor chemical information sharing between 
        governments and among various agencies;
            (9) maritime interdiction of synthetic drugs;
            (10) cargo container control and inspection; and
            (11) chemical industry mapping.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $64,000,000 to carry out the programs described in 
subsection (a).
    (d) Prioritization of Mexico in Efforts To Combat International 
Fentanyl Trafficking.--The Secretary of State, acting through the 
Assistant Secretary of the Bureau of International Narcotics and Law 
Enforcement Affairs, shall prioritize Mexico in all efforts of the 
Department of State to combat international trafficking of fentanyl and 
other synthetic drugs by carrying out programs and activities in Mexico 
and throughout the greater Latin American region, in consultation with 
the Government of Mexico and other relevant governments, with respect 
to the following:
            (1) Providing technical assistance and equipment, as 
        appropriate, to strengthen the capacity of Mexican law 
        enforcement agencies with respect to combating the trafficking 
        of fentanyl and other synthetic drugs.
            (2) Carrying out exchange programs for governmental and 
        nongovernmental personnel, such as programs conducted at the 
        International Law Enforcement Academy in El Salvador and at 
        other locations in the United States and Mexico, to provide 
        educational and professional development on disrupting fentanyl 
        supply chains, interdicting fentanyl and precursor chemicals 
        used to produce fentanyl, and other synthetic drugs at seaports 
        and on land and permanently dismantling transnational drug 
        trafficking organization operations.
    (e) Report on Law Enforcement Cooperation and Obstruction in 
Mexico.--Not later than 1 year after the date of the enactment of this 
Act, the Assistant Secretary of the Bureau of International Narcotics 
and Law Enforcement Affairs shall submit to the relevant congressional 
committees an unclassified report, that may include a classified annex, 
detailing--
            (1) efforts taken by the various law enforcement agencies 
        in Mexico to disrupt the flow of fentanyl and its precursor 
        chemicals; and
            (2) the extent to which any part of the Government of 
        Mexico has refused to work with the United States, or otherwise 
        obstructed, paused, or unnecessarily delayed bilateral security 
        cooperation with respect to disrupting the flow of fentanyl and 
        its precursor chemicals.
    (f) United States Death Toll as Chief Monitoring and Evaluation 
Metric.--
            (1) Metrics to evaluate efforts.--The Office of Knowledge 
        Management of the Bureau of International Narcotics and Law 
        Enforcement Affairs shall use monthly and yearly statistics 
        indicating the number of United States citizens who die from 
        the consumption or ingestion of fentanyl and other illicit 
        narcotics--
                    (A) as the primary monitoring and evaluation metric 
                of the efforts led by such bureau in Mexico; and
                    (B) to gauge whether bilateral efforts to disrupt 
                synthetic drug production and precursor chemical 
                transit throughout Mexico are achieving measurable 
                desired impacts, with a rising number of United States 
                deaths indicating a failure to achieve such impacts.
            (2) Improper use of data.--The Bureau of International 
        Narcotics and Law Enforcement Affairs, in its monitoring and 
        evaluation practices, may not use data related to drug seizures 
        or clandestine laboratory raids in Mexico as a substitute for 
        the data described in paragraph (1).
            (3) Report on progress.--Not later than 180 days after the 
        date of the enactment of this Act, and every 180 days 
        thereafter, the Secretary of State, acting through the 
        Assistant Secretary of the Bureau of International Narcotics 
        and Law Enforcement Affairs, shall submit a report to the 
        relevant congressional committees indicating whether, based on 
        the statistics described in paragraph (1), its Mexico programs 
        (including projects and activities under the program authorized 
        by subsection (a)) are achieving desired outcomes, including a 
        ranking of all such programs from most effective to least 
        effective.

SEC. 102. PUBLIC DIPLOMACY AS A WEAPON TO DELEGITIMIZE CARTELS AND 
              DISRUPT CRIMINAL RECRUITMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Assistant Secretary of the Bureau of Global 
Public Affairs, in consultation with the United States Ambassador to 
Mexico and other diplomatic and consular posts in Mexico, as well as 
with the United States entertainment and media industries and private 
and government actors in Mexico, shall formulate and deploy a public 
relations campaign, the goal of which is to delegitimize and humiliate, 
in the Mexican and the United States social consciousness, Mexican 
transnational criminal organizations involved in illicit fentanyl 
trafficking, as well as to permanently disrupt and cripple such 
organizations' ability to recruit new members.
    (b) Briefing.--Not later than 90 days after the date of the 
enactment of this Act, the Bureau of Global Public Affairs shall brief 
the relevant congressional committees on the implementation of this 
provision.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Bureau of Global Public Affairs shall submit to the 
relevant congressional committees a report detailing the implementation 
of subsection (a).

SEC. 103. CHINESE OPERATIONS IN MEXICO.

    Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary of the Bureau of Intelligence and Research 
shall submit to the relevant congressional committees a classified 
report describing the operations and geographic footprint of all 
Chinese state- and non-state actors inside Mexico that are involved in 
the illegal importation, production, transport, or trafficking of 
fentanyl or its precursor chemicals into or through Mexico.

SEC. 104. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

    In this title, the term ``relevant congressional committees'' means 
the Committee on Foreign Affairs of the House of Representatives and 
the Committee on Foreign Relations of the Senate.

                 TITLE II--CHEMICAL WEAPONS CONVENTION

SEC. 201. ACTIONS TO SEEK TO AMEND THE CHEMICAL WEAPONS CONVENTION TO 
              INCLUDE COVERED FENTANYL SUBSTANCES ON SCHEDULE 1, 2, OR 
              3 OF THE ANNEX ON CHEMICALS TO THE CHEMICAL WEAPONS 
              CONVENTION.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Health and Human Services and the Attorney General, shall 
use the voice, vote, and influence of the United States at the 
Conference of the States Parties to the Chemical Weapons Convention to 
seek to amend the Chemical Weapons Convention to include each covered 
fentanyl substance on schedule 1, 2, or 3 of the Annex on Chemicals to 
the Chemical Weapons Convention.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to Congress 
a report on the implementation of this section.
    (c) Definitions.--In this section--
            (1) the term ``Chemical Weapons Convention'' means the 
        Convention on the Prohibition of the Development, Production, 
        Stockpiling and use of Chemical Weapons and on their 
        Destruction, done at Paris, January 13, 1993 (commonly known as 
        the ``Chemical Weapons Convention''); and
            (2) the term ``covered fentanyl substance'' means--
                    (A) fentanyl, including its isomers, esters, 
                ethers, salts, and salts of isomers, esters, and 
                ethers, whenever the existence of such isomers, esters, 
                ethers, and salts is possible within the specific 
                chemical designation (as such terms are used in the 
                Controlled Substances Act (21 U.S.C. 801 et seq.));
                    (B) any controlled substance analogue of fentanyl 
                (as the term ``controlled substance analogue'' is 
                defined in section 102(32) of the Controlled Substances 
                Act (21 U.S.C. 802(32)); and
                    (C) any immediate precursor (as defined in section 
                102(23) of the Controlled Substances Act (21 U.S.C. 
                802(23)) of fentanyl.

                TITLE III--SANCTIONS AND OTHER PENALTIES

    Subtitle A--Modification and Extension of Fentanyl Sanctions Act

SEC. 301. DETERMINATION AND REPORT ON ADDITIONAL FOREIGN OPIOID 
              TRAFFICKERS.

    (a) In General.--The Fentanyl Sanctions Act (title LXXII of 
division F of Public Law 116-92; 21 U.S.C. 2301 et seq.) is amended by 
adding after section 7217 the following:

``SEC. 7218. DETERMINATION AND REPORT ON ADDITIONAL FOREIGN OPIOID 
              TRAFFICKERS.

    ``(a) Determination.--
            ``(1) In general.--The President shall make a determination 
        as to whether any of the foreign persons described in paragraph 
        (2)--
                    ``(A) is a foreign opioid trafficker; or
                    ``(B) is engaging in any of the conduct described 
                in Executive Order 14059 (86 Fed. Reg. 71549; relating 
                to imposing sanctions on foreign persons involved in 
                the global illicit drug trade) or has engaged in any 
                such conduct in the prior 365 days.
            ``(2) Foreign persons described.--The foreign persons 
        described in this paragraph are the following:
                    ``(A) Any foreign bank (as such term is defined in 
                section 1(b) of the International Banking Act of 1978 
                (12 U.S.C. 3101(b))) that operates in--
                            ``(i) the People's Republic of China; or
                            ``(ii) Mexico.
                    ``(B) Any money transmitting business that 
                processed more than $25,000,000 in transactions in--
                            ``(i) any of the 5 calendar years preceding 
                        the date of enactment of the Project Precursor 
                        Act;
                            ``(ii) the calendar year in which the 
                        Project Precursor Act is enacted; or
                            ``(iii) any calendar year after the 
                        calendar year described in clause (ii).
                    ``(C) Any transnational criminal organization.
    ``(b) Report.--Not later than 90 days after the date of the 
enactment of the Project Precursor Act, and every 180 days thereafter, 
the President shall submit to the appropriate congressional committees 
a report containing--
            ``(1) a list of all foreign persons that the President has 
        determined to be foreign opioid traffickers pursuant to 
        subsection (a); and
            ``(2) for each foreign person identified on the list 
        required by paragraph (1)--
                    ``(A) whether the President has imposed any or all 
                of the relevant sanctions described in section 7213 or 
                Executive Order 14059 with respect to the foreign 
                person; and
                    ``(B) with respect to which any of the sanctions 
                described in section 7213 or Executive Order 14059 have 
                been waived or determined not to apply due to an 
                exception or an exercise of discretion, a description 
                of the specific legal grounds for the waiver, 
                exception, or exercise of discretion.
    ``(c) Form.--
            ``(1) In general.--The report required by subsection (b) 
        shall be submitted in unclassified form, but may contain a 
        classified annex if necessary.
            ``(2) Public availability.--The unclassified portion of the 
        report shall be made available on a publicly available internet 
        website of the Federal Government.
    ``(d) Definitions.--In this section--
            ``(1) the term `money transmitting business' means a 
        foreign person who engages in the activities described in 
        section 5330(d)(1)(A) of title 31, United States Code; and
            ``(2) the term `transnational criminal organization' has 
        the meaning given that term in section 431 of the Project 
        Precursor Act.''.
    (b) Clerical Amendments.--The table of contents in section 2(b) of 
Public Law 116-92 and the table of contents in title LXXII of division 
F of such Public Law are each amended by inserting after the item 
relating to section 7217 the following:

``Sec. 7218. Determination and report on additional foreign opioid 
                            traffickers.''.

SEC. 302. TERMINATION.

    Section 7233 of the Fentanyl Sanctions Act (21 U.S.C. 2301 et seq.) 
is amended by striking ``7 years after the date of the enactment of 
this Act'' and inserting ``7 years after the date of the enactment of 
the Project Precursor Act''.

     Subtitle B--Sanctions With Respect to Transnational Criminal 
                             Organizations

SEC. 311. IMPOSITION OF SANCTIONS.

    The President shall impose the sanctions described in section 312 
with respect to any foreign person the President determines is 
knowingly involved in--
            (1) the trafficking of fentanyl, fentanyl precursors, or 
        other related opioids by a transnational criminal organization; 
        or
            (2) the activities of a transnational criminal organization 
        relating to the trafficking of fentanyl, fentanyl precursors, 
        or other related opioids.

SEC. 312. SANCTIONS DESCRIBED.

    (a) Blocking of Property.--The President shall, pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
block and prohibit all transactions in property and interests in 
property of a foreign person described in section 311 if such property 
and interests in property are in the United States, come within the 
United States, or are or come within the possession or control of a 
United States person.
    (b) Ineligibility for Visas, Admission, or Parole.--
            (1) Visas, admission, or parole.--An alien described in 
        section 311 shall be--
                    (A) inadmissible to the United States;
                    (B) ineligible to receive a visa or other 
                documentation to enter the United States; and
                    (C) otherwise ineligible to be admitted or paroled 
                into the United States or to receive any other benefit 
                under the Immigration and Nationality Act (8 U.S.C. 
                1101 et seq.).
            (2) Current visas revoked.--
                    (A) In general.--The visa or other entry 
                documentation of any alien described in section 311 is 
                subject to revocation regardless of the issue date of 
                the visa or other entry documentation.
                    (B) Immediate effect.--A revocation under 
                subparagraph (A) shall in accordance with section 
                221(i) of the Immigration and Nationality Act (8 U.S.C. 
                1201(i))--
                            (i) take effect immediately; and
                            (ii) cancel any other valid visa or entry 
                        documentation that is in the possession of the 
                        alien.

SEC. 313. PENALTIES; WAIVERS; EXCEPTIONS.

    (a) Penalties.--A person that violates, attempts to violate, 
conspires to violate, or causes a violation of this subtitle or any 
regulation, license, or order issued to carry out this subtitle shall 
be subject to the penalties set forth in subsections (b) and (c) of 
section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 20 1705) to the same extent as a person that commits an unlawful 
act described in subsection (a) of that section.
    (b) Waiver Authority.--
            (1) In general.--The President may waive the imposition of 
        sanctions under this subtitle if the President determines, and 
        reports to the appropriate congressional committees, that--
                    (A) the waiver is needed for humanitarian purposes; 
                or
                    (B) the national emergency described in Executive 
                Order 14059 (86 Fed. Reg. 71549; relating to imposing 
                sanctions on foreign persons involved in the global 
                illicit drug trade) has ended.
            (2) National security waiver.--The President may waive the 
        application of sanctions under this subtitle with respect to a 
        foreign person if the President determines that the waiver is 
        in the national security interest of the United States.
    (c) Exceptions.--
            (1) Exception for intelligence activities.--This subtitle 
        shall not apply with respect to activities subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Exception for compliance with international obligations 
        and law enforcement activities.--Sanctions under this subtitle 
        shall not apply with respect to an alien if admitting or 
        paroling the alien into the United States is necessary--
                    (A) to permit the United States to comply with the 
                Agreement regarding the Headquarters of the United 
                Nations, signed at Lake Success on June 26, 1947, and 
                entered into force November 21, 1947, between the 
                United Nations and the United States, or other 
                applicable international obligations of the United 
                States; or
                    (B) to carry out or assist law enforcement activity 
                of the United States.
            (3) Exception to comply with usmca.--Sanctions under this 
        subtitle shall not apply in a case in which such sanctions 
        would conflict with provisions of the USMCA (as defined in 
        section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act (19 U.S.C. 4502)).
            (4) Humanitarian exemption.--The President may not impose 
        sanctions under this subtitle with respect to any person for 
        conducting or facilitating a transaction for the sale of 
        agricultural commodities, food, medicine, or medical devices or 
        for the provision of humanitarian assistance.

SEC. 314. REPORT REQUIRED.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the President shall submit to the 
appropriate congressional committees a report on actions taken by the 
President with respect to the foreign persons identified under section 
311.

                        Subtitle C--Definitions

SEC. 321. DEFINITIONS.

    In this title--
            (1) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate;
            (2) the term ``foreign person'' has the meaning given that 
        term in section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 
        2302);
            (3) the term ``knowingly'' has the meaning given that term 
        in section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302);
            (4) the term ``trafficking'', with respect to fentanyl, 
        fentanyl precursors, or other related opioids, has the meaning 
        given the term ``opioid trafficking'' in section 7203 of the 
        Fentanyl Sanctions Act (21 U.S.C. 2302);
            (5) the term ``transnational criminal organization''--
                    (A) means any organization designated as a 
                significant transnational criminal organization under 
                part 590 of title 31, Code of Federal Regulations; and
                    (B) includes--
                            (i) any of the organizations known as--
                                    (I) the Sinaloa Cartel;
                                    (II) the Jalisco New Generation 
                                Cartel;
                                    (III) the Gulf Cartel;
                                    (IV) the Los Zetas Cartel;
                                    (V) the Juarez Cartel;
                                    (VI) the Tijuana Cartel;
                                    (VII) the Beltran-Levya Cartel;
                                    (VIII) La Familia Michoacana, also 
                                known as the Knights Templar Cartel; or
                                    (IX) La Nueva Familia Michoacan; or
                            (ii) any successor organization to an 
                        organization described in clause (i) or as 
                        otherwise determined by the President; and
            (6) the term ``United States person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.
                                 &lt;all&gt;
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