Eliminate PRC Organized Crime Act

This Act may be cited as the “Eliminate Chinese Organized Crime Act”.

Chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the following:

“490A. Program to provide assistance to build the capacity of Latin American and Caribbean law enforcement agencies to disrupt Chinese organized criminal groups.—

(a) In general.— Notwithstanding section 660, the Secretary of State may establish a program to provide assistance to strengthen the capacity of law enforcement agencies of the countries described in subsection (c) to help such agencies collect information on, disrupt, and prosecute China-linked transnational criminal organizations that are engaged in narcotics trafficking, money laundering, illicit finance, transnational repression, foreign interference, and other related activities the Secretary determines are appropriate.

(b) Coordination.— Assistance authorized under subsection (a) shall be provided in coordination with the Attorney General and, if appropriate, the Director of National Intelligence.

(c) Assistance described.— Assistance authorized under subsection (a) may include—

(1) consultation between law enforcement agencies in the countries described in subsection (e) and Federal, State, and local law enforcement agencies with experience investigating, disrupting, and prosecuting China-linked transnational criminal organizations that are operating in the United States or abroad;

(2) training regarding financial investigations, money laundering and illicit finance prosecution, and asset forfeiture related to China-linked transnational criminal organizations;

(3) technical assistance, including digital forensics, telecommunications intercept coordination, and all-source and open-source intelligence relevant to China-linked transnational criminal organizations; and

(4) support for vetting and screening programs to ensure foreign law enforcement agencies receiving assistance are not compromised by China-linked transnational criminal organizations, in accordance with the prohibition under section 487.

(d) Relationship certain certifications.—

(1) In general.— Notwithstanding a determination under section 490(a)(1) that a country has demonstrably failed to adhere to its obligations under applicable international counternarcotics agreements, assistance authorized under subsection (a) may be provided to such country if the Secretary of State determines that providing such assistance is in the national interest of the United States.

(2) Notification.— The Secretary of State may not provide assistance pursuant to paragraph (1) unless not later than 15 days before providing such assistance, the Secretary submits to the appropriate congressional committees a determination that providing such assistance is in the national interest of the United States.

(e) Countries described.— The foreign countries described in this subsection are countries in Latin America and the Caribbean where China-linked transnational criminal organizations engage in criminal activities, including narcotics trafficking, money laundering, illicit finance, and foreign interference.

(f) Report on Chinese organized crime in Latin America.—

(1) In general.— Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, shall submit a report to the appropriate congressional committees that—

(A) identifies all United States assistance provided to countries under this section, including each country that received assistance and a description of the assistance provided;

(B) summarizes known organized criminal activity by China-linked transnational criminal organizations taking place in Latin American or the Caribbean; and

(C) summarizes all known instances of the People’s Republic of China providing law enforcement assistance or support to the countries described in subsection (c) to facilitate or disrupt such criminal activity; and

(D) identifies any mutual legal assistance treaty requests or other such assistance submitted by each county that receives assistance described in subparagraph (A), and the status of such requests.

(2) Classified form.— To the extent possible, the report required under paragraph (1) shall be submitted in unclassified form, with a classified annex, if necessary.

(g) Definitions.— In this section:

(1) Appropriate congressional committees.— The term appropriate congressional committees means—

(A) the Committee on Foreign Relations of the Senate;

(B) the Select Committee on Intelligence of the Senate;

(C) the Committee on Appropriations of the Senate;

(D) the Committee on the Judiciary of the Senate;

(E) the Caucus on International Narcotics Control of the Senate;

(F) the Committee on Foreign Affairs of the House of Representatives;

(G) the Permanent Select Committee on Intelligence of the House of Representatives;

(H) the Committee on Appropriations of the House of Representatives; and

(I) the Committee on the Judiciary of the House of Representatives.

(2) China-linked transnational criminal organization.— The term China-linked transnational criminal organization means an organization that—

(A) includes 1 or more foreign person;

(B) engages in or facilitates an ongoing pattern of serious criminal activity involving the jurisdictions of at least 2 foreign states, including the People’s Republic of China, or 1 foreign state and the United States;

(C) threatens the national security, foreign policy, or economy of the United States; and

(D) meets any other criteria the Secretary determines to be appropriate.”.